HomeMy WebLinkAboutResolution 1991 - 0114RESOLUTION NO.91-114-3
ADOPTING FEES,PROCEDURES AND POLICIES CONCERNING
ANNEXATIONS OF TERRITORY TO THE DISTRICT AND
REPEALING RESOLUTION NO.82—137-3 AND MINUTE
ORDERS IN CONFLICT HEREWITH
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.3 OF ORANGE COUNTY,CALIFORNIA
ADOPTING FEES,PROCEDURES AND POLICIES CONCERNING
ANNEXATIONS OF TERRITORY TO THE DISTRICT AND .REPEALING
RESOLUTION NO.82-137-3 AND MINUTE ORDERS IN CONFLICT
HEREWITH
WHEREAS,pursuant to Resolution No.82-137-3,the Board of Directors
established a revised annexation policy which provides for acreage fees that are
authorized to be adjusted each year by the General Manager to reflect the
increase in the Engineering News Re~cord (ENR)Construction Cost Index for the
preceding March to the base of 383 (March 1982 Index,1967 =100);and,
WHEREAS,the General Manager has carried out the provisions of said
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Resolution each year since the adoption of Resolution No.82-137-3;and,
WHEREAS,the Board of Directors has reviewed 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 Resolution.
NOW,THEREFORE,the Board of Directors of County Sanitation District No.3
of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1:Findings The Board of Directors of County Sanitation District
No.3 of Orange County,California does hereby find:
A.That a comprehensive 30-year Master Plan of Capital Facilities
entitled,“Collection,Treatment and Disposal Facilities Master Plan -1989,”
hereinafter the “Master Plan,”which includes detailed financial and engineering
reports,has been prepared,approved and adopted by the Board of Directors
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identifying the required future development of District and jointly—owned
facilities,including the financial projections for providing sewer service to
all properties within the District’s service areas;and,
B.That the financial and engineering reports of the Master Plan have
been made available to the public and have been subject to noticed public
hearings,all in accordance with the provisions of Government Code Section 54992
and other provisions of law;and,
C.That the revenues derived under the provisions of Resolution
No.82-137-3,hereinafter repealed,and the provisions of this Resolution,have
been and will continue to be used for the acquisition,construction,
reconstruction,maintenance and operation of the sewage collection facilities,
wastewater treatment and disposal facilities of the District;to repay principal
and interest on debt instruments or to repay federal or state loans for the
construction and reconstruction of said sewerage facilities,together with costs
of administration and provisions for necessary reserves;and,
D.That the properties upon which the fees established by this
Resolution are levied,will discharge wastewater to the District’s collection,
treatment and disposal facilities;that the costs of operating and maintaining
said facilities has 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 imposed by authority of this Resolution do
not exceed the,estimated amount required to provide the sewer service for which
the fee is levied,as provided in Government Code Sections 54991 and 54992;and,
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G.That the fees confirmed by this Resolution will not necessarily
result in an expansion of facilities to provide for growth outside the existing
service area.The confirmation of these annexation fees will not result in any
specific project and will not result in a direct physical change in the
environment;and,
H.That the fees adopted by this Resolution are a reenactrnentof fees
previously adopted by authority of Resolution No.82—137—3,and 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;and,
I.That the adoption of this Resolution 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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Section 2:Purpose A purpose of this Resolution is to confirm the fees
that have been.previously established pursuant to the procedure set forth in
Resolution No.82—137—3 for the annexation of property to the District.
Revenues derived under the provisions of Resolution No.82-137—3 shall be
used for the acquisition,construction,reconstruction,maintenance and
operation of the sewage collection facilities,wastewater 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 3:Confimation of Prior Fees The annexation fees previously
established by the General Manager on an annual adjustment basis,pursuant to
Resolution No.82-137—3 are hereby confirmed.
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Section 4 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 July 1,1991,the sum to be paid for annexation,of territory to the
District for which a tax exchange Is negotiated between all affected agencies is
hereby fixed at $3,154.00 per acre.Said acreage shall remain in effect.until
modified by action of this Board of Direc~tors or adjusted in accordance with
Subsection (C)herein.The minimum charge shall be the rate applicable for a
parcel of one (1)acre.
Prior to the completion of proceedings for such annexations of
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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 seq.).
(2)Property for which there is no negotiated tax exchange
Beginning July 1,1991,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 $4,139.00 per acre.Said acreage fee shall remain in effect
until modified by action of this Board of Directors or adjusted inaccordance
with Subsection (c)herein.The minimum charge shall be the rate applicable for
a parcel of one (1)acre.
(3)The annexation acreage fee in effect at the time of payment
shall govern the amount of the fee due.
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C.Beginning July 1,1991,and annually thereafter,the annexation
acreage fees hereinabove~set forth in Subsection (b)are to be adjusted to
reflect the increase in the Engineering News Record (ENR)Construction Cost
Index for the preceding March to abase of 491.51 (March 1991 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 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 5 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 6 That the staff be directed to transmit to the Local Agency
Formation Comission a certified copy of this Resolution.
Section 7 That the provisions of this Resolution shall become effective
July 1,1991,and shall apply to all annexations to the District on or after
said date.
Section 8 If any of the provisions of this Resolution or the application
to any person or circumstance are held invalid by order of Court,the remainder
of this Resolution or the application of such provision to other persons or
other circumstances shall not.be affected.
Section 9 That Resolution No.82—137—3 and all other Resolutions or Minute
Orders in conflict herewith are hereby repealed and made of no further effect.
PASSED AND ADOPTED at an adjourned regular meeting held July 17,1991.
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STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Board of Directors of County
Sanitation District No.3 of Orange County,California,do hereby certify that
the foregoing Resolution No.91—114-3 was passed and adopted at an adjourned
regular meeting of Board on the 17th day of July,1991,by the following vote,
to wit:
AYES:Sal A.Sapien,Chairman,Walter K.Bowman,A.B.“Buck”Catlin,
John Collins,Norman E.Culver,Burnie Dunlap,James V.Evans,
James H.Flora,Peter Green,Don R.Griffin,Frank Laszlo,Pat
McGuigan,Keith A.Nelson,Roger R.Stanton,Charles E.Sylvia
NOES:None
ABSENT:Irv Pickler
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
17th day of July,1991.
Rita J.Brown.SecreEäry.
Board of Directors of County~.
Sanitation District No.3
of Orange Count~,,~aliforni&~