Loading...
HomeMy WebLinkAbout85-002RESOLUTION NO. 85-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, INITIATING PROCEEDINGS FOR DETACHMENT OF CERTAIN TERRITORY FROM THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY WHEREAS, the District Reorganization Act of 1965 (Division ! of Title 6 of the Government Code of the State of California, commencing with Section 56000) provides for the change of organization of certain districts, such as the Municipal Water District of Orange County, through the approval by the Local Agency Formation Commission of Orange County; and WHEREAS, the City of Santa Ana is an "affected city" as that term is used in the District Reorganization Act of 1965; and WHEREAS, the Orange County Special District Task Force, in its January 17, 1984 report to the Board of Supervisors, identified certain inefficiencies resulting from multiple governmental agencies providing similar municipal-type services within the corporate limits of a city; and WHEREAS, said report endorsed the full service municipality concept and recommended that the cities assume provision of certain services provided by such agencies; and WHEREAS, the Municipal Water District of Orange County ("MWDOC',) is considered by the City of Santa Aha to be such an Agency; and WHEREAS, the City Council of the City of Santa Ana concurs with the Task Force finding that multiple governmental agencies performing similar public works functions within the corporate boundaries of the City of Santa Aha contribute to the complexity of local government and may hinder the ability of residents to readily identify and contact the agency responsible for providing service; and WHEREAS, the City.Council of the City of Santa Ana believes that residents of the City of Santa Aha would benefit from a full-service municipal concept and endorses the full-service concept presented by the Task Force; and WHEREAS, the Municipal Water District of Orange County provides services which are a duplication of services already provided by the City of Santa Ana as an original Member Agency of the Metropolitan Water District of Southern California; and WHEREAS, the City of Santa Aha desires this resolution to be deemed a resolution of application proposing a change of organization pursuant to Section 56195 of the California Government Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: 1. That the City of Santa Ana hereby applies to the Local Agency Formation Commission of Orange County for the detachment of certain territory from the Municipal Water District of Orange County pursuant to the District Reorganization Act of 1965, Division 1 of Title 6 of the Government Code of the State of California, commencing with Section 56000. 2. That the territory proposed for detachment is inhabited and is shown on Exhibit "~' attached hereto and by this reference incorporated herein. 3. That the City intends to assume full responsibility for providing the services currently provided by the Municipal Water District of Orange County within the corporate boundaries of the City of Santa Aha. 4. That the proposed detachment provide for and be subject to the following conditions: a. That commencing with the first year that the reorganization is effective for property tax purposes as provided in California Government Code Section 54902, all property tax revenues which would have accrued pursuant California Revenue and Taxation Code Section 97.5 to the Municipal Water District of Orange County from the area in the corporate limits of Santa Aha, had it remained in the District, shall be allocated to the City of Santa Aha. b. That upon completion of said reorganization detaching territory within the City of Santa Aha from the Municipal Water District of Orange County, said territories shall be relieved from the liability for payment of all or any part of principal or interest or any other amounts which may be due or become due on account of all or any part of any bonded indebtedness, contracts, or obligations, including, but not by way of limitation, any Judgment or judgments against the Municipal Water District of Orange County, and that said territory be relieved from the levying or fixing and the collection of any taxes or assessments as may be made for the payment thereof. c. That any election called upon the question of confirming an order for the reorganization shall be called, held and conducted upon such reorganization only within the territory affected by such reorganization. d. Funds accumulated in Reserve by the Municipal Water District of Orange County for the purpose of capital improvements, operations and maintenance, and administration thereof shall be allocated to the City of Santa Aha based on the proration of property tax revenues generated within the City of Santa Aha and allocated to the District as a percentage of the total property tax revenues of the District. 5. That the reason for this proposed detachment is that the City of Santa Ana, an original Member Agency (1929) of the Metropolitan Water District of Southern California, buys all of its wholesale water directly from that District, buying none through the Municipal Water District of Orange County. Commencing in 1984-85, the Board of the Municipal Water District of Orange County instituted Annual Retail Service Connection Charges and a Water Increment Charge for water used in Santa Aha within their Jurisdictional boundaries, even though that water is not purchased from them. The services provided by MWDOC within Santa Aha are duplications of services already provided by the City or services which can be provided by the City at lower cost to its constituents. 6. That the City of Santa Aha desires to be a full-service city. 7. That the City of Santa Ana hereby requests that proceedings be taken and commenced for a change of organization in connection with the hereinabove described proposed detachment of territory from the Municipal Water District of Orange County. 8. That the City of Santa Ana supports staff studies of the proposed detachment of territory by the Cities of Anaheim and Fullerton from the Municipal Water District of Orange County. 9. That the Clerk of the Council of the City of Santa Ana is hereby authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Local Agency Formation Commission. ADOPTED this 7th day of January Mayor ATTEST: ICE C. GUY, - / ~l~erk of the Council ~ COUNCILMEMBERS: APPROVED AS TO FORM: Luxembourger Aye Griset Aye Acosta Aye Hart Aye Johnson Aye McGuigan ADsent Young Aye 1 Munlclpel Wotor DlGtrlct of Orango County Figure I