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Home My WebLink AboutResolution 1982 - 0137RESOLUTION NO.82-137-3 ESTABLISHING REVISED ANNEXATION POLICY A RESOLUTION OF ThE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.3 OF ORANGE COUNTY, CALIFORNIA,AMENDING FEES AND PROCEDURES CONCERNING ANNEXATIONS OF TERRITORY TO THE DISTRICT AND REPEALING RESOLUTION NO.80-119-3 AND MINUTE ORDERS IN CONFLICT HEREWITH WHEREAS,it is in the public interest to establish certain requirements for territory seeking annexation to this District;and, WHEREAS,the Board of Directors of this District has heretofore adopted such requirements;and, WHEREAS,the Board of Directors has reviewed the heretofore established policy and finds that it is appropriate to modify the provisions for the payment of annexation acreage fees. NOW,THEREFORE,the Board of Directors of County Sanitation District No.3 of Orange County,California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That the proponents of any application for annexation of any territory to the District shall,as a condition to securing approval of the Board of Directors of the District to such annexation,comply with the following requirements: (a)Payment of all costs incurred in processing the annexation. (b)Payment of Annexation Acreage Fees as follows: (1)Properties for which there is a negotiated tax exchange Beginning October 14,1982,the sum to be paid for annexation —1— of territory to the District for which a tax exchange is negotiated between all affected agencies is hereby fixed at $2,402 per acre.Said acreage fee shall remain in effect until modified by action of this Board of Directors or adjusted in accordance with Subsection (c)herein.The minimum charge shall be one (1)acre. Prior to the completion of proceedings for such annexations of territory an agreement shall be negotiated between affected agencies to provide for an exchange of property tax revenues between County Sanitation District No.3 and all other affected taxing agencies,pursuant to the provisions of Division 1,Part 0.5,Chapter 6 of the California Revenue and Taxation Code (Sections 95 et ~ (2)Properties for which there is no negotiated tax exchange Beginning October 14,1982,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 at $3,152 per acre.Said acreage fee shall remain in effect until modified by action of this Board of Directors or adjusted in accordance with Subsection (c)herein.The minimum charge shall be one (1)acre. (3)The annexation acreage fee in effect at the time of payment shall govern the amount of the fee due. (c)Beginning July 1,1983 and annually thereafter,the annexation acreage fees hereinabove set forth in Subsection (b)are to —2— be adjusted to reflect the increase in the Engineering News Record (ENR)Construction Cost Index for the preceding March to a base of 383 (March,1982 Index,1967 =100). (d)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, connection charges and user/service fees. (e)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 maintaining and operating the local sewer system including pumping stations and force mains. (f)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. (g)Any area within the territory annexed shall be concurrently withdrawn from any Special District which has levied ad valorem taxes or other charges for the same services within the territory to be annexed that County Sanitation District No.3 will provide following annexation,to avoid an overlapping taxing entity. Section 2 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 —3— process for submittal to said agencies by the District on behalf of the annexation proponent. 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 3 That the staff be directed to transmit to the Local Agency Formation Commission a certified copy of this resolution. Section 4 That the provisions of this resolution shall become effective October 14,1982,and shall apply to all annexations to the District on or after said date. Section 5 That Resolution No.80—119—3 and all other resolutions or minute orders in conflict herewith are hereby repealed and made of no further effect. PASSED AND ADOPTED at a regular meeting held October 13,1982. —4— STATE OF CALIFORNIA) SS. COUNTY OF OR1~NGE I,WILLIAM H.BUTLER,Secretary of the Board of Directors of County Sanitation District No.3 of Orange County,California,do hereby certify that the foregoing Resolution No.82—137—3 was passed and adopted at a regular meeting of said Board on the 13th day of October,1982,by the following vote, to wit: AYES:Bruce Finlayson (Chairman),Marvin P.Adler,Norman E.Culver, Henry R.Frese,Don R.Griffin,Frank J.Laszlo,Robert Luxembourger,Robert P.Mandic,Gerald Mullen,Earl C. Roget,Don Roth,Charles E.Sylvia,Harriett M.Wieder,Duane Winters NOES:None ABSENT:Sal Gambina,Charles J.Rell IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.3 of Orange County,California,this 13th day of October,1982. ,~ William H.Butler,Secretary Board of Directors of County Sanitation District No.3 of Orange County,California