HomeMy WebLinkAboutOCSD-21 _ REPEALED BY
OCSD-29
ORDINANCE NO. OCSD-21
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ADOPTING FEES, PROCEDURES,
AND POLICIES CONCERNING ANNEXATIONS OF TERRITORY TO
THE DISTRICT,AND REPEALING ORDINANCE NO. OCSD-03
WHEREAS, the Board of Directors of the Orange County Sanitation District
("District") has previously adopted Ordinance No. OCSD-03, adopting fees, procedures,
and policies concerning annexations of territory to the District, which Ordinance is
presently in full force and effect; and
WHEREAS, for purposes of continued efficiency and effectiveness of the
District's operations, preservation of the public health and safety, and in order to
continue the provision of wastewater collection, treatment and disposal services, it is the
intent, by adoption of this Ordinance, to continue said procedures and policies in effect,
without interruption; and
WHEREAS, the Board of Directors of the District has received a management
report, including financial needs of the District, and wishes to reaffirm the policy of
imposing annexation fees when new territory is annexed to the District, and to adopt
findings supporting the amount of the fees adopted pursuant to this Ordinance.
The Board of Directors of the Orange County Sanitation District does hereby
FIND:
A. That a comprehensive 30-year Master Plan of Capital Facilities, entitled
"Collection, Treatment and Disposal Facilities Master Plan— 1989", hereinafter referred
to as the"Master Plan", which includes detailed financial and engineering reports, was
prepared, approved, and adopted by the Boards of Directors of the Predecessor Districts
in 1989, setting forth and identifying the required future development of District facilities,
including the financial projections for providing sewer service to all properties within the
individual service areas of each of the nine Predecessor Districts; and
B. That the financial and engineering reports of the Master Plan were made
available to the public, both prior to and subsequent to the adoption of the Master Plan,
and were subject to noticed public hearings, all in accordance with the provisions of the
California Constitution and Government Code Section 66016, and other provisions of
law; and
C. That the District, in 1997, as part of its maintenance and updating of its
Master Plan, undertook a comprehensive evaluation and study of its operational and
financial needs for the next 20 years, including a detailed assessment of all types and
categories of users; the demands on the system and capacity needs of the system to
provide necessary service to the multiple categories of users; the total costs of the
existing and future facilities in the system; and alternate methodologies for establishing
fair and equitable charges to connect to and gain access to the system. These
comprehensive planning, engineering, and financial studies led to the development of an
updated Comprehensive Master Plan of Capital Facilities, which was approved and
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adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27, 1999;
and
D. That the properties upon which the fees established by this Ordinance are
levied, will, subsequent to payment of an additional Capital Facilities Capacity Charge, to
allow the owners to discharge wastewater to the District's collection, treatment and
disposal facilities; that the costs of operating and maintaining said facilities have
constantly increased due in part to increased regulatory requirements to upgrade the
treatment process; and that said costs will exceed the amounts of any ad valorem tax
revenues derived from said property; and
E. That the District will not receive any tax exchange from said annexed
properties because of an agreement with the County of Orange under which there is no
tax exchange for newly-annexed property; and
F. That the annexation fees established here, are an incident but not a
condition of development, payable only on request to receive service by the
property owner for the benefit of those persons on the property that use the
service. The fees are not an incident of property ownership, nor are they a
property-related service having a direct relationship to property ownership.
Accordingly, the provisions of California Constitution Article XIIID are not
applicable.
G. That the annexation fees imposed by authority of this Ordinance do not
exceed the estimated amount required to provide access to the sewer service for which
the fee is levied, as provided in California Government Code Section 66013; and
H. That the fees established by this Ordinance will not necessarily result in
an expansion of facilities to provide for growth outside the existing service area. The
collection of these annexation fees will not result in any specific project, and will not
result in a direct physical change in the environment; and
I. That the fees adopted by this Ordinance are established upon a rational
basis between the fees charged each property that is annexing, and the service and
facilities provided to each annexed property by the District, a portion of which is
necessary to replace the loss of ad valorem property taxes to the State General Fund as
a result of State legislative action on September 2, 1992, and in subsequent years; and
J. That all fees and charges established herein have been approved by the
District's Board of Directors at a noticed public meeting, all in accordance with applicable
provisions of law; and
K. That the adoption of this Ordinance is statutorily exempt under the
California Environmental Quality Act from further environmental assessment pursuant to
the provisions of California Public Resources Code Section 21080(b)(8), and 14
California Code of Regulations Section 15273(a).
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NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
does hereby ORDAIN:
Section 1: That the purpose of this Ordinance is to establish fees required to
be paid by property owners for the annexation of property to the District. Said fees are
in lieu of property taxes not allocated to the District while the property was outside of the
District, and in lieu of future property tax allocations through a Tax Exchange
Agreement. Revenues derived under the provisions of this Ordinance may be used for
the acquisition, construction, and reconstruction of the wastewater collection, treatment
and disposal facilities of the District; to repay principal and interest on debt instruments;
or to repay federal or state loans issued for the construction and reconstruction for said
sewerage facilities, together with costs of administration and provisions for necessary
reserves.
Section 2: That the proponents of any application for annexation of any
territory to the District are requesting that the annexed property become a part of the
District's jurisdiction, and that by doing so, they become entitled to receive the benefits
of having access to the use of the extensive capital facilities system and to receive the
District's service, and shall, as a condition to securing approval of the Board of Directors
of the District to such annexation, agree to and comply with the following requirements:
A. Payment of all administrative costs incurred by the District in
processing the annexation-
B. Payment of annexation acreage fees, as follows: Beginning
January 1, 2004, the sum to be paid for annexation of territory to the District for which no
tax exchange is negotiated between all affected agencies is hereby fixed:
Consolidated Revenue Area Nos. 1-13 $4,235/acre
Revenue Area No. 14 N/A
C. The annexed territory shall be subject to the terms and conditions
of all Ordinances and Resolutions pertaining to fees for connection to the District's
facilities and use of said facilities, including but not limited to, industrial discharge permit
fees, capital facilities capacity charges, and sewer service user fees.
D. The annexed territory shall be annexed into an appropriate local
sewering agency, or obtain the written approval of the designated local sewering
agency, such as a city, for the purpose of obtaining access to and use of the local sewer
system, including pumping stations and force mains, which connects to the District's
facilities and system.
E. The territory, upon annexation, shall be subject to all ad valorem
taxes required for the retirement of the existing and future bonds of the District, and all
other applicable ad valorem taxes of the District.
Section 3: The General Manager is hereby authorized and directed to
establish procedures and fees for processing annexation of territory to the District. Said
procedures may include provisions for collection by the District of fees charged by other
local and state agencies involved in the annexation process for submittal to said
agencies by the District on behalf of the annexation proponent.
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The District's Staff is hereby directed to provide the proponents of any proposed
annexation a copy of procedures and fee schedules established pursuant to the
authority of this Section.
Section 4: That the Staff be directed to transmit to the Orange County Local
Agency Formation Commission a certified copy of this Ordinance.
Section 5: If any of the provisions of this Ordinance, or the application to any
persons or circumstance are held invalid by order of Court, the remainder of this
Ordinance, or the application of such provision to other persons or other circumstances,
shall not be affected.
Section 6: That the provisions of this Ordinance shall become effective thirty
(30)days after adoption and shall apply to all annexations to the District on or after said
date.
Section 7: That Ordinance No. OCSD-03 is hereby repealed.
Section 8: That the Secretary of the Board shall certify to the adoption of this
Ordinance and shall cause a summary to be published in a newspaper of general
circulation as required by law.
PASSED AND ADOPTED by the affirmative vote of not less than two-thirds of
the Board of Directors of the Orange County Sanitation District at a regular meeting held
January 28, 2004.
9100 Chair, Board of Directors
Orange County Sanitation District
ATTESTI
Secretary, Boar of Direct
Orange County Sanitation istrict
THOMAS L.WOODRUFF
GENERAL COUNSEL
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STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, PENNY M. KYLE, Secretary of the Board of Directors of Orange County
Sanitation District, do hereby certify that the above and foregoing Ordinance
No. OCSD-21 was passed and adopted at a regular meeting of said Board on the 28th
day of January, 2004, by the following vote, to wit:
AYES: Steve Anderson; Don Bankhead; Patricia Bortle; Brian Brady;
Patricia Campbell; Carolyn Cavecche; Alberta Christy; John
Collins; Bill Dalton; Doug Davert; Michael Duvall; Norm Eckenrode;
James M. Ferryman; Cathy Green; Larry Herman; Alice B. Jempsa;
Beth Krom; Patsy Marshall; Roy Moore; Joy Neugebauer; Anna L.
Piercy; Tod Ridgeway; Jim Silva
NOES: None
ABSENT: Brian Donahue; Shirley McCracken
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of January,
2004.
Penny My MV. le
Secretary of the Board Directors
Orange County Sanitation District
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