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HomeMy WebLinkAboutResolution 1991 - 0115RESOLUTION NO.91—115-5 ADOPTING FEES,PROCEDURES AND POLICIES CONCERNING ANNEXATIONS OF TERRITORY TO THE DISTRICT AND REPEALING RESOLUTION NO.82—138-5 AND MINUTE ORDERS IN CONFLICT HEREWITH A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.5 OF ORANGE COUNTY,CALIFORNIA ADOPTING FEES,PROCEDURES AND POLICIES CONCERNING ANNEXATIONS OF TERRITORY TO THE DISTRICT AND REPEALING RESOLUTION NO.82-138-5 AND MINUTE ORDERS IN CONFLICT HEREWITH WHEREAS,pursuant to Resolution No.82-138-5,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 Record (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 Resolution each year since the adoption of Resolution No.82-138—5;and, WHEREAS,the Board of Directors has reviewed a management report,including financial needs of the District and wishes to reaffim 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.5 of Orange County,California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1:Findings The Board of Directors of County Sanitation District No.5 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 —1— 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 beenmade 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and other provisions of law;and, C.That the revenues derived under the provisions of Resolution No.82-138-5,hereinafter repealed,and the provisions of this Resolution,have been and will continue to be used for the acquisition,construction, reconstruction,maintenance and operation of the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 ondebt 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, -2— 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 confimation 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 reenactment of fees previously adopted by authority of Resolution No.82-138-5,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). 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.82-138—5 for the annexation of property to the District. Revenues derived under the provisions,of Resolution No.82—138-5 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:Confirmation of Prior Fees The annexation fees previously established by the General Manager on an annual adjustment basis,pursuant to Resolution No.82—138—5 are hereby confirmed. -3- 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 requi rements: 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 $3,054.00 per acre.Said acreage 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 the rate applicable for a parcel of 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.5 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 $4,084.00 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 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. -4- ‘S 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 a base of 491.51 (March 1991 Index;1967 = 100). 0.The annexed territory shall be subject to the terms and conditions of all ordinances and resolutions pertaining to fee’s 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.5 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. —5- 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 Corrniission 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.82-138-5 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. —6- STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I,RITA J.BROWN,Secretary of the Board of Directors of County Sanitation District No..5 of Orange County,California,do hereby certify that the foregoing Resolution No.91-115—5 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:Phil Sansone,Chairman,Evelyn Hart,Roger R.Stanton NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.5 of Orange County,California,this 17th day of July,1991. c~~ Rita J.Brown,Secretary Board of Directors of County Sanitation District No.5 of Orange County,California