HomeMy WebLinkAboutOCSD-41 Regional Rates Amended by See also Reso.
ORDINANCE NO. OCSD41 OCSD-46 OCSD 15-12
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE Repealed by
COUNTY SANITATION DISTRICT AMENDING AND RESTATING OCSD-49
ORDINANCE NO. OCSD-35 CONCERNING SANITARY SEWER
SERVICE CHARGES AND REPEALING ORDINANCE NO. OCSD-35.
ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES AND
REVISED TABLE B PROPERTY USE CLASSIFICATIONS
WHEREAS, The former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7,
11, 13 and 14 of Orange County, California (the "Predecessor Districts"), were
nine individual County Sanitation Districts, organized pursuant to the County
Sanitation District Act (California Health & Safety Code Section 4700 et seq.). By
action of the Board of Directors of the Predecessor Districts, pursuant to specific
legislation enacted by the California State Legislature in 1996, an application was
submitted to the Orange County Local Agency Formation Commission to legally
consolidate the nine Predecessor Districts into one single Sanitation District for
all purposes. The application was approved, with an effective date of July 1,
1998; and
WHEREAS, As of July 1, 1998, the Predecessor Districts ceased to exist,
and one single consolidated County Sanitation District, known as the Orange
County Sanitation District ("District"), came into existence in place of the
Predecessor Districts. The District was formed to carry on the functions of the
Predecessor Districts; and
WHEREAS, The District, as part of its maintenance and updating of its
Master Plan, undertook a comprehensive evaluation and study of its operational
and financial needs for the next 20 years, including: a detailed assessment of all
types and categories of users; the demands on the system and capacity needs of
the system to provide necessary service to the multiple categories of users; the
total costs of the existing and future facilities in the system; and alternate
methodologies for establishing fair and equitable charges to connect to and gain
access to the system. These comprehensive planning, engineering, and financial
studies led to the development of an updated Comprehensive 20-year Master
Plan of Capital Facilities, entitled "1999 Strategic Plan" ("Master Plan").
WHEREAS, The Master Plan, setting forth and identifying the required
future development of District Facilities, including financial projections for
providing sewer service to all properties within the District's service area, was
approved and adopted by the Board of Directors on October 27, 1999 by OCSD
Resolution No. 99-21, with updates adopted in 2002 and 2006, following a
noticed public hearing, and in compliance with the provisions of the California
Constitution and all other applicable laws; and
WHEREAS, The Board of Directors approved the Capital Improvement
Program ("CIP") Validation Study for Fiscal year 2003-04 and the Secondary
Treatment Peer Review, which resulted in the development of a Capital
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Improvement Program that provides for the implementation of secondary
treatment standards, thereby improving effluent quality in a reasonably short
period of time, consistent with the goals and policies of the Board of Directors,
the member agencies, and the public, while also providing for the construction of
necessary improvements to accommodate projected increased flows and the
rehabilitation and refurbishment of existing facilities; and
WHEREAS, pursuant to Health and Safety Code section 5471, the Board
of Directors is authorized to prescribe, revise and collect fees, tolls, rates, rentals
or other charges for services and facilities furnished by the District in connection
with its sewerage system; and
WHEREAS, on February 27, 2008, the Board of Directors of the District
adopted Ordinance No. OCSD-35, establishing annual Sanitary Sewer Service
Charges; and
WHEREAS, on January 23, 2013, the Board of Directors was presented
with and has reviewed the District's Wastewater Revenue and Rate Study dated
January 2013 prepared by Carollo Engineers, on file with the District, which
independently found that the proposed increases in the regional sewer service
charges were reasonable based on an evaluation of the District's revenue needs,
projected reserve balances and user rate structure; and
WHEREAS, for purposes of ensuring that the District has sufficient
revenues and reserves to meet the District's obligations and operations, it is the
intent, by the adoption of this Ordinance, to establish annual regional sewer
service charges; and
WHEREAS, Section 21080(b)(8) of the Public Resources Code states that
"the establishment, modification, structuring, or approval of rates, tolls, fares, or
other charges by public agencies which the public agency finds are for the
purpose of (A) meeting operating expenses, including employee wage rates and
fringe benefits, (B) purchasing or leasing supplies, equipment, or materials, (C)
meeting financial reserve needs and requirements, (D) obtaining funds for capital
projects necessary to maintain service within existing service areas, or (E)
obtaining funds necessary to maintain those intracity transfers as are authorized
by city charter" is not subject to CEQA; and
WHEREAS, Section 15273(a) of the California Code of Regulations states
that "CEQA does not apply to the establishment, modification, structuring,
restructuring, or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of: (1) Meeting
operating expenses, including employee wage rates and fringe benefits, (2)
Purchasing or leasing supplies equipment, or materials, (3) Meeting financial
reserve needs and requirements, (4) Obtaining funds for capital projects,
necessary to maintain service within existing service areas, or (5) Obtaining
funds necessary to maintain such intra-city transfers as are authorized by city
charter"; and
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WHEREAS, pursuant to Article XIIID, section 6, of the California
Constitution, Notice of the Public Hearing regarding the proposed regional sewer
service charges, which included the date, time, and location of the public hearing,
as well as the charges, fees, and rates proposed for imposition, was mailed no
less than 45 days prior to the public hearing by the District to the record owner of
each identified parcel upon which the charge is proposed for imposition; and
WHEREAS, pursuant to Health and Safety Code sections 4766 and 5473,
the Board of Directors is authorized to elect to have the proposed regional sewer
service charges collected on the tax roll in the same manner, by the same
persons, and at the same time as, together with and not separately from, its
general taxes; and
WHEREAS, pursuant to Health and Safety Code section 5473.1, on
March 11, 2013, and again on March 18, 2013, Notice of the Public Hearing
regarding the proposed regional sewer services charges and the election to have
such charges collected on the tax role, which included the date, time and location
of the hearing, was published in The Orange County Register, a newspaper of
general circulation within the District published in the county where the District is
located; and
WHEREAS, on Wednesday, March 27, 2013 at 6:30 P.M., in the District's
Boardroom on the first floor of its Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, the District held a properly noticed public
hearing in order to receive and consider comments, including objections,
concerning the proposed regional sewer service charges and the election to have
such charges collected on the tax roll; and
WHEREAS, the Board of Directors has carefully reviewed the Wastewater
Revenue and Rate Study dated January 2013, and has considered the public
and Board comments, and the oral and written presentation by the District's staff
and consultants made at the March 27, 2013 public hearing, as well as any
written public comments.
NOW, THEREFORE, the Board of Directors of the Orange County
Sanitation District does hereby ORDAIN:
Section I. Adoot Regional Sewer Service Charges
TABLE OF CONTENTS
ARTICLE I: FINDINGS
Section 1.01 Findings
ARTICLE ll: SEWER SERVICE CHARGES
Section 2.01. Purpose and Scope
Section 2.02. Annual Sewer Service Charge
Section 2.03.
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A. Exemptions
B. Application for Rebate
C. Application for Refund
D. Limitation Period
E. Determination
F. Administrative Fee
Section 2.04. Annual Charge Based on Fiscal Year
Section 2.05. Method of Collection
Section 2.06. Credit for Industrial Permittees
Section 2.07. Open-Air Facilities
Table A Annual Sewer Service Charges for
Residential Users
Table B Annual Sewer Service Charges
Property Use Classifications
ARTICLE III: MISCELLANEOUS
Section 3.01. Application of Ordinance
Section 3.02. Exceptions
Section 3.03. Out of Area Sewer Service Agreements
ARTICLE I
FINDINGS
Section 1.01. Findings. Based upon substantial evidence
presented to the Board of Directors, the Board of Directors of District hereby
adopts the following Findings supporting the amounts of charges and fees
adopted pursuant to this Ordinance. The Board of Directors hereby finds:
A. That the regional sewer service charges and the annual
adjustments to the regional sewer service charges (collectively referred hereafter
as the "Sewer Service Charges") as established herein is appropriate and
ensures adequate revenues to finance the improvements and programs
necessary to implement secondary treatment standards, accommodate
increased flows, rehabilitate and refurbish existing facilities, and retire any
necessary or prudent debt incurred to finance such improvements in a
reasonable manner and over a reasonable period of time.
B. That the revenues derived under the provisions of this
Ordinance will be used for the acquisition, construction, reconstruction,
maintenance, and operation of the sewage collection, wastewater treatment and
disposal facilities of the District, together with costs of administration and
provisions for necessary reserves.
C. That the financial requirements of the District, as shown in
reports prepared by Staff and Consultants relating to the Master Plan and the
Capital Improvement Plan, are based on current, reliable information, and further,
that data relating to population projections, wastewater flow, and capital facilities'
needs are expected to be realized in each year as described in the reports.
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D. That the owners or occupants of properties, upon which all
fees and charges established by this Ordinance are levied, discharge wastewater
to the District's collection, treatment and disposal facilities. The costs of
operating and maintaining said facilities have constantly increased due in part to
increased regulatory requirements to upgrade the treatment process.
E. That the need for upgraded and improved treatment of all
wastewater collection, treatment and disposal facilities is required to protect the
public health and safety, and to preserve the environment without damage.
F. That the Sewer Service Charges established by this
Ordinance are reasonably related to, and do not exceed the cost of providing
sewer services, and shall herein be levied on each parcel to allow the District to
recover the reasonable costs to provide a service to individual properties which
have been improved for different types of uses.
G. That the basis for the respective charge is not based on
potential or future use, but rather, is based upon the request of the owner of
property or a structure thereon, for the benefit of him/her/itself, or the occupants
of the property, to receive a service for actual use, consumption, and disposal of
water to the District's system in lieu of disposal by other means.
H. That the revenues derived from the Sewer Service Charges
shall not be used for any purpose other than that for which the charge is
imposed.
I. That the Sewer Service Charges established by this
Ordinance are not imposed as a condition of approval of a development project,
as defined in California Government Code Section 66001, and do not exceed the
proportional cost to provide the sewer service for which the fee is levied, as
provided in Government Code Sections 66013 and 66016 and California
Constitution Article MID.
J. That the Sewer Service Charges adopted herein are
established upon a reasonable basis between the fees charged each customer
and the service and facilities provided to each customer of the District, a portion
of which are necessary to replace the loss of ad valorem property taxes to the
State General Fund as a result of state legislative action on September 2, 1992,
and in subsequent years.
K. That the Sewer Service Charges adopted herein will not
result in an expansion of facilities to provide for growth within outside the existing
service area. The adoption of these Sewer Service Charges will not result in any
specific project, nor result in a direct physical change in the environment.
L. That the Board of Directors is adopting the Sewer Service
Charges herein to (i) meet operating expenses, (ii) purchase or lease supplies,
equipment, or materials, (iii) meet financial reserve needs and requirements, and
(iv) obtain funds for capital projects necessary to maintain service within existing
service areas. Therefore, the Board finds and determines, based upon
substantial evidence, that the establishment of the Sewer Service Charges are
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statutorily exempt from CEQA, pursuant to Section 21080(b)(8) of the Public
Resources Code and Section 15273(a) of the California Code of Regulations.
M. That all fees and charges established herein have been
approved by the District's Board of Directors at a noticed public meeting, all in
accordance with applicable provisions of law.
ARTICLE II
SEWER SERVICE CHARGES
Section 2.01. Purpose and Scope. The purpose of this Ordinance
is to establish Sewer Service Charges required to be paid by property owners for
the services and facilities furnished by the District in connection with its sanitation
treatment works and sewage collection system. Revenues derived under the
provisions of this Ordinance shall be used for (i) the acquisition, construction,
reconstruction, maintenance, and operation of the wastewater collection,
treatment and disposal facilities of the District, (ii) to repay principal and interest
on debt instruments, or (iii) to repay federal and state loans issued for the
construction and reconstruction of said sewerage facilities, together with costs of
administration and provisions for necessary reserves.
Section 2.02. Annual Sewer Service Charge.
Commencing with the effective date of this Ordinance, the owner of each parcel
of real property located within the District which is improved with structures
designed for residential, commercial, or industrial use and which, at the request
of the owner or the owners predecessor-in-interest, is connected to the District's
sewerage system, shall pay an annual Sewer Service Charge based on the
respective class of users, in the sum or sums, as set forth in Tables A and B of
this Ordinance, below, and incorporated by reference herein. The annual Sewer
Service Charges for residential users are set forth in Table A. The applicable
single family residential rate shown in Table A is multiplied by the applicable
percentage figure shown on Table B with respect to the particular use
classification to arrive at the annual Sewer Service Charge rate per 1,000 square
feet or per unit. The annual Sewer Service Charges are dependent upon the
respective classifications of property use, determined by reference to Table B.
Section 2.03. A. Exemptions. It is the intent of the District that
the legal owner(s) of parcels of real property, otherwise subject to the levy and
payment of the Sewer Service Charges, as prescribed herein, be relieved, in
whole or in part, from the payment of said charges, in certain circumstances and
under conditions prescribed herein, and be entitled to either a rebate or a refund
with respect to charges paid, as more specifically set forth in Subparagraphs
2.03B and 2.03C below, provided an inequity is established or a billing error is
proven, as specified in Subparagraphs 2.03B or 2.03C.
B. Application for Rebate. Any property owner, or
legally recognized authorized representative of the property owner, may apply to
the District for a rebate of Sewer Service Charges paid to the District by
establishing that an unfair valuation of the property has been made by the
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District. An applicant for a rebate must establish, by proof satisfactory to the
General Manager of the District, or his/her designee, that an inequity exists
between the amount of the charge paid and the amount of wastewater
discharged to the District's system, resulting in an unfair valuation. Satisfactory
proof shall establish that either:
(1) The principal water use is agricultural or
horticultural; or
(2) The property is devoted to any other use
wherein the amount of wastewater discharged to the District's system is
significantly less on a regular basis than the amount that would normally be
expected to be discharged by the class of property in question.
Satisfactory proof shall include, but not be limited to, documentation
showing actual water usage for each billing cycle during the entire period for
which the rebate is sought.
The amount of any rebate shall not reduce the charge payable by any
property owner, whose property is connected to the District's system, to less than
the single family residential charge shown on the applicable Table attached
hereto.
C. Aoolication for Refund. Any property owner (as used
herein, includes any person who paid the sewer service charges), or legally
recognized authorized representative of the property owner, may apply to the
District for a refund of Sewer Service Charges paid to the District by establishing
that the amount paid was pursuant to an error in the amount billed or the amount
paid. The applicant for a refund must submit proof satisfactory to the General
Manager of the District, or his/her designee, that a billing error has been made by
the District, or the County Tax Collector. Such proof shall include, but not be
limited to, proof that:
(1) The owner's parcel of property is not
connected to the District's system; or
(2) The property has not been classified in the
proper property use classification code; or
(3) A clerical error has been made.
D. Limitations Period. Applications for refunds shall be
deemed to be governed by the provisions of California Revenue & Taxation Code
Sections 5096 and 5097. Applications for rebates shall be deemed a claim and
be governed by the provisions of California Government Code Sections 935 et
seq., and shall be presented to the District as provided in the Government Tort
Claims Act, Government Code Sections 915 at seq., not later than four (4) years
after the submission of the roll to the County Auditor/Controller, and the claim for
rebate may only be made with respect to amounts paid or payable under such
property tax bill. A claim for rebate is not deemed a claim for refund, and
California Revenue & Taxation Code Sections 5096 and 5097 are not applicable.
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E. Determination. All applications for rebates or refunds
of the Sewer Service Charge will be determined by the General Manager of the
District, or his/her designee, who, based on the submitted proof, may grant a full
or partial rebate or refund.
F. Administrative Fee. At the time of filing the
application for rebate or refund, the property owner shall pay District an
administrative fee for the processing of such application. The amount of the fee
shall be equal to the total of all fees and charges imposed on the District by any
other public entity, such as the Orange County Tax Collector, the Orange County
Auditor, or the Orange County Recorder, in connection with the rebate or refund.
Section 2.04. Annual Charge Based on Fiscal Year. The Sewer
Service Charges established by this Ordinance shall be effective as of July 1 of
each year, as set forth in Tables A and B, attached hereto, for the District's fiscal
year, and shall remain in effect until such time as the rates adopted herein are
changed by District Ordinance. There shall be no proration of such charges in
any fiscal year.
Section 2.05. Method of Collection.
A. Pursuant to the authority granted by California Health &
Safety Code Sections 4766 and 5473, and except as otherwise provided in
Subparagraph 2.0513 below, all Sewer Service Charges established herein shall
be collected on the County Tax Roll in the same manner, by the same persons,
and at the same time as, together with, and not separately from, its general
taxes. The County Tax Collector is authorized and hereby ordered to make said
collections in accordance with the terms and conditions of agreements between
the County of Orange and the District.
B. In the event District determines that, due to billing or
payment error, or to inequity in the amount billed, a property owner (or person
who paid the tax) has underpaid annual Sewer Service Charges payable to
District, District, within four (4) years after the date of mailing of the tax bill, may:
(1) collect the amount of any deficiency directly on the
County Tax Roll;
(2) off-set the amount of any deficiency against any
amounts that District determines is owing, by District, to the property owner, as a
rebate or refund under this Ordinance; or
(3) submit, directly to the property owner, a bill for the
amount of any deficiency, which shall be due and payable within thirty (30) days
of the invoice date and which, if not paid, shall become a lien on said property.
Section 2.06. Credit for Industrial Permittees. A credit shall be
allowed to all dischargers permitted pursuant to Article 3 of District Ordinance
No. OCSD-40, as amended, in an amount equal to the annual Sewer Service
Charge established by Section 2.02 of this Ordinance.
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Section 2.07 Open-Air Facilities. Sewer Service Charges for open-
air facilities will be based on annual attendance records. Open-Air facilities will
pay a rate per million gallons based upon the related sewage flow, Biochemical
Oxygen Demand ("BOD") and Suspended Solids ("SS") charge for single family
residences. The usage per attendee will be 15 gallons.
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TABLE A
ANNUAL SEWER SERVICE CHARGES
RESIDENTIAL USERS
FISCAL YEAR 2013-14 2014-15 2015-16 2016-17 2017-18
SFR* $308.00 $316.00 $323.00 $331.00 $339.00
MFR $215.60 $221.20 $226.10 $231.70 $237.30
SFR = SINGLE FAMILY RESIDENTIAL
MFR = MULTI FAMILY RESIDENTIAL
* The SFR fee is the minimum sewer service charge any user must pay.
All properties located within Revenue Area No. 14 pay no annual sewer service
charges. District costs relating to providing service to these properties are billed
by the District directly to the Irvine Ranch Water District, the local agency
providing the local sewer service.
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TABLE B
ANNUAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS
Percentage of SFR
Assessor Use Code Description Per 1.000 SF or Unit
1 Vacant Land Parcel 0%
5 Common Area Parcel 0%
6 "Hold" Parcel 0%
8 Equivalent to Vacant 0%
121 Parcel of Minimal or No Value 0%
122 Subsurface Parcels 0%
124 Oil/Mineral Rights 0%
125 Mineral Rights Equipment 0%
126 Vacant Comm. Area-IMP Alloc. 0%
201 Homeowners Exemption Addl. 0%
666 Unassigned Vacant 0%
777 Septic Tank Property 0%
112 Steel Building 7%
113 Mini-Warehouse 7%
58 Nurseries (Plants) 10%
100 Drive-In Theater 10%
44 Lumber/Constr. Material Yard 17%
71 Parking Garage 17%
72 Paved Parking Lot 17%
110 Warehouse— Single Tenant 17%
111 Warehouse—Multi Tenant 17%
115 Recreational Vehicle Storage 17%
116 Truck Terminal 17%
33 Church Buildings 20%
94 Department Store 23%
95 Discount Store 23%
96 Unattached Single Store 23%
97 Strip Store 23%
74 Recreational Vehicle Park 27%
36 Financial Buildings 27%
40 Health Club 29%
68 High Rise Office 30%
225 United States Post Office 35%
21 Automobile Dealership 41%
22 Auto Repair Shop 41%
23 Automotive Service 41%
24 Used Car Lot 41%
39 Golf Course 41%
57 Motorcycle/Small Vehicle Building 41%
83 Automotive Service Station 41%
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TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS
Percentage of SFR
Assessor Use Code Description Per 1,000 SF or Unit
84 Marine Service Station 41%
86 Combin:Service Station/Convenience 41%
65 Single Office Bldgs. to 3 Stories 41%
66 Small Office Center 41%
67 Office Complex 41%
69 Converted Residence to Office 41%
7 Mobile Home 50%
55 Mobile Home Park 50%
107 Light Industrial—Single Tenant 50%
108 Light Industrial—Multi Tenant 50%
109 Research and Development 50%
114 Industrial Park 50%
37 Fraternal Buildings 51%
101 Unattached Theater 51%
26 Airport and Related Buildings 53%
45 Marinas 53%
88 Low Flow Center 53%
3 Two or More Residences 70%
10 Duplex Only 70%
11 Triplex Only 70%
12 04-Units Only 70%
13 5 to 16 Units 70%
14 17 to 25 Units 70%
15 26 to 40 Units Only 70%
16 41-99 Units Only 70%
17 100 or More Units 70%
18 Developed with a Mix of Forms 70%
63 Low Rise Retirement Building 70%
64 High Rise Retirement Building 70%
56 Low Demand Hotel/Motel 70%
81 Pre-Schools, Nursery or Care 82%
82 Private Schools 82%
98 Store with Offices or Living Quarter 82%
99 Store with Office Upstairs 82%
118 Governmental Use Vacant/Develop. 82%
19 SFR with 1 or 2 rental units 85%
34 Dormitory 97%
42 Hospital 97%
43 High Demand Hotel/Motel 97%
0 Conversion-C/1, Rural PC 100%
2 One Residence 100%
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TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS
Percentage of SFR
Assessor Use Code Description Per 1,000 SF or Unit
4 Miscellaneous Improvement 100%
85 Comb. Sew. Stn./Restaurant 100%
103 Chemical Tank and Bulk Storage 100%
104 Food Processing Plant 100%
105 Cold Storage Plant 100%
106 Factory 100%
119 Public Utility 100%
120 Water Mutual or Company 100%
888 Conversion-Composite Prop. 100%
32 Cemetery & Related Buildings 101%
38 Funeral Home 101%
60 Nursing Home 102%
61 Convalescent Hospitals 102%
62 Converted Res. Used as Nursing 102%
28 Bowling Alleys 112%
92 Skating Rinks 112%
50 Single Medical Bldgs. to 3 Stories 124%
51 Small Medical Center 124%
52 Medical Center Complex 124%
53 High Rise Medical 124%
54 Converted Residence to Medical 124%
89 Average Flow Center 139%
20 Amusement Parks 144%
35 Entertainment Center 144%
73 Recreation 144%
30 Coin Operated Car Wash 151%
47 Supermarket 151%
48 Convenience Market 151%
224 Nightclub 200%
90 High Flow Center 226%
76 Restaurant—Low Demand 300%
77 Restaurant—Coffee Shop 600%
78 Restaurant—Dinner House 600%
79 Restaurant—Conversion from SF 600%
29 Conventional Car Wash 796%
223 Laundromat 1,800%
NOTE: Multiply the Table A Single Family Residential Rate by the percentage figure above
in order to determine the rate per 1,000 square feet for the commercial or industrial user.
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ARTICLE III
MISCELLANEOUS
Section 3.01. Application of Ordinance. The provisions of this
Ordinance shall be in addition to (i) the provisions of the District's Wastewater
Discharge Regulations for use of District's sewage facilities, including provisions
for payment of charges or fees related thereto; (ii) District's ordinance
establishing Fees Concerning Annexations of Territory to the District; (Ill)
District's ordinance establishing Local Sewer Service Fees, where applicable,
and (iii) any other District Ordinances and Resolutions not in conflict herewith.
Section 3.02. Exceptions. The provisions of this Ordinance shall
apply to all owners of properties within the District, including those properties
otherwise deemed exempt from payment of taxes or assessments by provisions
of the State Constitution or statute, including properties owned by other public
agencies or tax-exempt organizations, except as expressly provided herein.
Section 3.03 Out of Area Sewer Service Agreements. Pursuant to
Health and Safety Code Section 4742.1, the District is empowered to contract for
the handling, treatment or disposal by the district of sewage or industrial wastes
originating within the district or county or within areas outside of the district or
county when, in the judgment of the District Board, it is for the best interest of the
district to do so. In exercise of such power, the District may, from time to time,
enter into Out-of-Area Sewer Service Agreements. These Out-of-Area Sewer
Service Agreements will establish fees and charges relative to the services
provided by the District for each individual agreement.
Section II. Severabilitv. If any provision of this Ordinance, or the application to
any person or circumstances is held invalid by order of Court, the remainder of
the Ordinance, or the application of such provision to other persons or other
circumstances, shall not be affected.
Section III. Effective Date. This Ordinance shall take effect July 1, 2013.
Section IV. Repeal. Ordinance No. OCSD-35 is repealed in its entirety effective
June 30, 2013.
Section V. Certification and Publication. The Clerk of the Board shall certify to
the adoption of this Ordinance, and shall cause a summary to be published in a
newspaper of general circulation within 15 days as required by law.
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PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors
of the Orange County Sanitation District at a Regular Meeting held on March 27, 2013.
TROY E15GAI
CHAIR, BOA OF DIRECTORS
ORANGE COUNTY SANITATION DISTRICT
ATTEST: G �1
MARIA IE. AYALA
CLERK OF THE BOARD
ORANGE COUNTY SANITATION DISTRICT
APPROVED AS TO FORM:
9-
BRADLEY R. FrOGIN, GEN COUNSEL
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STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, MARIA E. AYALA, Clerk of the Board of the Orange County Sanitation District, do
hereby certify that the above and foregoing Ordinance No. OCSD-41 was passed and
adopted at a regular meeting of said Board on the 271" day of March, 2013, by the
following vote, to wit:
AYES: Troy Edgar, Chair; John Anderson; Tom Beamish; David Benavidez; Keith
Curry; Jim Ferryman; Steve Jones; Lucille Kring; Michael Levitt, Brett
Murdock; John Nielsen; Brad Reese; Joe Shaw; David Shawver; Fred Smith,
Teresa Smith, Constance Underhill (Alternate); and John Withers.
NOES: Steven Choi; Tyler Diep; Peter Kim, Mark McCurdy (Alternate); Prakash
Narain; Janet Nguyen; and Greg Sebourn.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand this 271" day of March, 2013.
Maria It. Ayala
Clerk of the Board
Orange County Sanitation District
RESOLUTION NO. OCSD 13-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT DIRECTING THE COUNTY TAX
COLLECTOR-TREASURER TO INCLUDE REGIONAL SANITARY
SEWER SERVICE CHARGES ON THE TAX ROLL FOR FISCAL
YEARS 2013-2014 THROUGH 2O17-2018.
The Board of Directors of the Orange County Sanitation District("District") does
hereby find:
A. On March 27, 2013, the Board of Directors adopted Ordinance No.
OCSD-41,An Ordinance of the Board of Directors of Orange County Sanitation
District Amending and Restating Ordnance No. OCSD-35 Concerning Sanitary
Sewer Service Charges and Repealing Ordinance No. OCSD-35; Adopting
Revised Table A RE Residential User Fees and Revised Table B Property Use
Classifications.
B. By adoption of Ordinance No. OCSD41, the Board of Directors elected to
adopt, impose, and collect rates and charges for regional sanitary sewer services
provided by the District and correspondingly established procedures related thereto.
C. California Health & Safety Code section 5473 provides that such charges,
as adopted by District Ordinance No. OCSD-41, may be collected on the County tax roll
in the same manner, by the same persons, and at the same time as, together with, and
not separate from, Its general taxes.
D. The charges established by Ordinance No. OCSD-41 reflect an allocation
of the costs of operation and maintenance, such that the charges do not exceed the
estimated reasonable costs to provide the wastewater collection, treatment, and disposal
services and facilities, and the revenues received are not used for any other purpose.
E. Pursuant to California Constitution Article XIIID (Proposition 218), sanitary
sewer service charges constitute charges for property-related services. The sanitary
sewer service charges set by Ordinance No. OCSD-41 comply with the provisions of
Article XIIID, in that they do not exceed the cost to the District to provide the service and
facilities.
F. The District provided notice as required by Health and Safety Code
section 5473.1, and held a public hearing on March 27, 2013, at which time the Board
received and considered all comments and protests related to the collection of the fees
on the tax roll.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
916112.1 1
Section 1: That the rates and charges set forth in Ordinance No. OCSD41
are affirmed herein by the Board of Directors, as consistent with the findings
hereinabove stated, for Fiscal Years 2013-2014 through 2017-2018, in the following
amounts:
Annual Sanitary Sewer Service User Fees
Residential Users
FISCAL YEAR 2013-14 2014-15 2015-16 2016-17 2017-18
SFR $308.00 $316.00 $323.00 $331.00 $339.00
MFR $215.60 $221.20 $226.10 $231.70 $237.30
SFR = Single Family Residential
MFR = Multi-Family Residential
All properties located within Revenue Area 14 pay no annual sewer service charges.
District costs relating to providing service to these properties are billed by OCSD directly
to the Irvine Ranch Water District, the local agency providing the local sewer service.
Section : That pursuant to California Health & Safety Code Section 5473,
the Board hereby elects and directs the County Tax Collector-Treasurer to include
regional sanitary sewer service charges, as adopted by Ordinance No. OCSD41, on the
tax roll, in the same manner, by the same persons and at the same time as, together
with, and not separately from, the general taxes; and that such regional sanitary sewer
service charges be included in the annual property tax bills for Fiscal Years 2013-2014
through 2017-2018.
Section 3: That pursuant to California Health & Safety Code Section 5473,
this Resolution shall remain in full force and effect until amended or repealed, or until
such time as the rates of sanitary sewer service charges, as established by Ordinance
No. OCSD41, are changed by increasing the annual rate.
Section 4: That the General Manager, or his designee, be, and is hereby
authorized and directed, to execute any necessary documents or agreements to effect
the order set forth in Section 2 herein.
Section 5: That the provisions of any Resolution(s) previously adopted by the
Orange County Sanitation District that are in direct conflict with the provisions of this
Resolution No. 13-05 are hereby superseded.
Section . That the General Manager, or his designee, is hereby authorized
to forward a copy of this Resolution to the Orange County Tax Collector-Treasurer.
916112.1 2
PASSED AND ADOPTED at a regular meeting held March 27, 2013.
l
Troy Edgar
Chair, Orange Cou t Sanitation District
ATTEST:
Maria At ala
Clerk of the Board
916112.1 3