HomeMy WebLinkAboutResolution 1980 - 0117RESOLUTION NO.80-117
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7
AND 11 OF ORANGE COUNTY,CALIFORNIA,MAKING
FINDINGS PERTAINING TO THE ANNUAL APPROPRIA
TIONS SUB3ECT TO LIMITATION OF THE DISTRICTS FOR
FISCAL YEAR 1980-81
WHEREAS,Article XIII B re government spending limitation,was enacted by
vote of the people as an addition to the California Constitution on November 6,
1979,to be effective July 1,1980;and,
WHEREAS,the provisions of Article XIII B provide in part that the total
annual appropriations subject to limitation of each local government agency,
including these Districts,shall not exceed the appropriations limit of the District
for the prior year as adjusted for changes in cost of living and population;and,
WHEREAS,Article XIII B provides,in Section 9 thereof,that the appropria
tions subject to limitation for each entity shall not include appropriations required
for purposes of complying with mandates of the courts or the federal government
which,without discretion,require an expenditure for additional services or which
unavoidably make the providing of existing services more costly;and,
WHEREAS,the United States Congress enacted Public Law 92-500,entitled
the “Federal Water Pollution Control Act Amendments of 1972”,and further
enacted Public Law 95-217 entitled “Clean Water Act of 1977”,which contained
major amendments to PL 92-500;and,
WHEREAS,the provisions of the aforementioned federal laws,are specifi
cally applicable to these Districts,in that they contain numerous mandates for the
methods and manner of wastewater treatment,including a requirement for
improved levels of treatment more commonly referred to as “Secondary Waste
water Treatment”;and,
WHEREAS,pursuant to the provisions of PL 92-500 and PL 95-217,the
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Districts have ~en obligated to undertake the construction of additional waste-
water treatment facilities for secondary treatment,which facilities have been
completed at Treatment Plant No.1 and have become operational during 1979;and,
WHEREAS,the District is presently under construction for additional secon
dary treatment facilities at its Treatment Plant No.2,which facilities will become
operational during 1981;and,
WHEREAS,pursuant to the provisions of PL 92-500 and PL 95-217,the
District has also been obligated to undertake additional wastewater solids handling,
dewatering and transportation facilities,both presently and in the future;and,
WHEREAS,the District,during 1979,developed and made operational certain
solids handling and disposal facilities,and is also presently under construction for
additional solids handling and dewatering facilities at its Treatment Plant No.2;
and,
WHEREAS,the District is also completing several other engineering design
studies and undertaking the development and construction of improved facilities
for wastewater treatment pursuant to the mandates of PL 92-500 and PL 95-217;
and,
WHEREAS,as a direct result of the mandates of this federal law,the District
has been obligated to incur tremendous increases in their operations,maintenance
and administration costs during each fiscal year.
NOW,THEREFORE,the Board of Directors of County Sanitation Districts
Nos.1,2,3,5,6,7 and 11 of Orange County,California,do hereby FIND,OROER
and RESOLVE as follows:
Section 1 That each of the recitals set forth above is true and correct,and
are incorporated hereat as substantive provisions of this resolution as though set
forth fully hereat.
Section 2 That all of the costs incurred by the District in the operation of
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the secondary wastewater treatment facilities at its treatment plants,and all costs
related to operation of solids processing and disposal,are as a direct result of a
mandate of the federal government,through the enactment of PL 92-500 and PL
95-217,which services are required of the District without discretionary deter
mination by the District.
Section 3 That all costs incurred by the District for the engineering design,
development and construction of capital improvement projects related to improved
treatment facilities,solids handling,dewatering and transportation facilities,flow
equalization and hydraulic reliability,solids processing and disposal,and related
facilities,are a mandate of legislation of the United States Congress pursuant to
the provisions of PL 92-500 and PL 95-2 17;and have been made without
discretionary determination by the District.
Section 4 That all funds of the District presently held by the Districts in its
accumulated capital outlay funds and capital outlay revolving fund for purposes of
capital improvement,development and construction,have been appropriated by act
of the Boards of Directors of said Districts during previous fiscal years,and the
revenues obtained by the District to make said appropriations in prior years were
all derived from regulatory charges,including but not limited to,connection fees
and annexation fees,which fees were determined as of the date of assessment to
be reasonable and equal to the respective share of costs to the District to provide
service to the contributors of said fees.
PASSED AND ADOPTED at a regular meeting held this 9th day of 3uly,1980.
TLW:pj
CSD Reso.D:1
07/02/80
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S
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of
County Sanitation Districts Nos.1,2,3,5,6,7,and 11 of Orange
County,California,do hereby certify that the above and foregoing
Resolution No.80-117 was regularly passed and adopted at a
regular meeting of said Boards on the 9th day of July ,
1980
by the following vote,to wit:
AYES:Marvin Adler,Philip Anthony,Ruth Bailey,John Cox,Jr.
Norman Culver,Richard Edgar,Vickie Evans,Donald Fox,
Evel~yn Hart,Jacqueline Heather,Donald Holt,Jr.,Elvin
Hutchison,Ron Isles,Carol Kawanami,Frank Laszlo,Bob
Mandic,Edison Miller,Bob Perry,Ruthelyn Plummer,Lester
Reese,Thomas Riley,Earl Roget,Donald Roth,James Sharp,
Don Smith,Roger Stanton,Anthony van Dyke,Bill Vardoulis,
James Wahner,Burton Ward,James Ward,Henry Wedaa,Joseph
Wheeler,Harriett Wieder,Duane Winters and Harry Yamaznoto
NOES:None
ABSENT:Bruce Finlayson,Ron Pattinson and Charles Sylvia
IN WITNESS WHEREOF,I have hereunto set my hand this 9th day
of July ,
1980.
J.~a~1ne ~Secretary,
Bo~’r4~of//bire~ors,County
Disf’ricts ~Nos.1,2,
3,5;6;L’7,and 11 of Orange
County,California
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