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HomeMy WebLinkAboutOCSD 13-05 (REPEALED) REPEALED BY OCSD 15-12 RESOLUTION NO.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 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. B. By adoption of Ordinance No. OCSD-41, 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: Section 1: That the rates and charges set forth in Ordinance No. OCSD-41 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: 916112.1 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 2: 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. OCSD-41, 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. OCSD-41, 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 6. 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. [�Lj W/-\ Troy Edga Chair, Orange gunty Sanitation District ATTEST: Maria A ala Clerk of the Board 916112.1 3