HomeMy WebLinkAboutResolution 1982 - 0139RESOLUTION NO.82-139—7
ESTABLISHING REVISED ANNEXATION POLICY
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.7 OF ORANGE COUNTY,
CALIFORNIA,AMENDING FEES AND PROCEDURES CONCERNING
ANNEXATIONS OF TERRITORY TO THE DISTRICT AND
REPEALING RESOLUTION NO.80-121-7 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.7
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
$2,208 per acre.Said acreage fee shall remain in effect until
modified by action of this Board of Directors ~r 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.7 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
$2,958 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.7 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—121—7 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 ORANGE
I,WILLIAM H.BUTLER,Secretary of the Board of Directors of County
Sanitation District No.7 of Orange County,California,do hereby certify that
the foregoing Resolution No.82—139—7 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:Richard B.Edgar (Chairman),Evelyn Hart,Robert Luxembourger,
Don B.Smith,Bill Vardoulis,James Wahner,Harriett M.Wieder
NOES:None
ABSENT:None
IN WITh~S WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.7 of Orange County,California,this
13th day of October,1982.
~L ~
William H.Butler,Secretary
Board of Directors of County
Sanitation District No.7
of Orange County,California