HomeMy WebLinkAboutOCSD 16-13RESOLUTION NO. OCSD 16-13
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING THE
REPORT PROPOSING TO COLLECT SEWER SERVICE
FEES ON THE TAX ROLL FOR FISCAL YEAR 2016/2017
WHEREAS, California Health and Safety Code sections 5473 et seq. authorize
the Orange County Sanitation District (Sanitation District) to adopt an ordinance by a
two-thirds vote of the Board of Directors of the Sanitation District to collect sewer
service fees on the tax roll, in the same manner and at the same time as the general
taxes; and
WHEREAS, on March 27, 2013, the Board of Directors adopted Ordinance
No. OCSD-41, an ordinance establishing sanitary sewer service charges and allowing
for the collection of such sanitary sewer service charges ("Regional Sewer Fees") on
the 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; and
WHEREAS, on May 22, 2013, the Board of Directors adopted Ordinance
No. OCSD-43, an ordinance establishing local sanitary sewer service charges for
customers receiving local sanitary sewer service in former revenue area 7 and allowing
for the collection of such local sanitary sewer service charges ("Local Sewer Fees") on
the 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; and
WHEREAS, pursuant to California Health and Safety Code sections 5473 et
seq., a written report (the "Report"), a copy of which is filed electronically with the Clerk
of the Board of Directors of the Sanitation District and by this reference incorporated
herein, describing each parcel of real property subject to said Regional Sewer Fees and
Local Sewer Fees, including the amount of said charges to be imposed thereon for
Fiscal Year 2016-2017; and
WHEREAS, the District has caused notice of the filing of the Report to be
published and has given notice of the hearing to consider such Report in accordance
with California Health and Safety Code section 5473.1; and
WHEREAS, the Board of Directors has heard and considered all objections and
protests to the Report and has determined and hereby finds that protests have not been
made by the owner of a majority of the separate parcels of property described in the
Report; and
WHEREAS, the Board of Directors has determined to adopt the Report and
collect the Regional Sewer Fees and the Local Sewer Fees on the tax roll, which fees
shall constitute a lien against the parcels or parcels of land described in the Report in
accordance with California Health and Safety Code sections 5473 et. seq.
837661.1 OCSD 16-13-1
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1 : The above recitals are true and correct.
Section 2: The Report as presented is hereby adopted.
Section 3: The Clerk of the Board, or the designee, is hereby directed to file a
copy of the Report with the Orange County Auditor's Office, together with a statement
endorsed thereon over his/her signature that the Report has been adopted by the Board
of Directors of the Sanitation District and shall request that said Regional Sewer Fees
and Local Sewer Fees be entered against the respective parcels of land as they appear
on the current assessment roll pursuant to California Health and Safety Code sections
5473 et seq.
Section 4: 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
Nos . OCSD-41 and OCSD-43, are changed by increasing the annual rate.
Section 5: That the General Manager, or his designee, is hereby authorized
and directed to execute any necessary documents or agreements to effect the order set
forth in Section 3 herein.
PASSED AND ADOPTED at a regular me oard of Directors held
August 24, 2016.
Jo n Nielsen
Cha1rman of the Board of Directors
ATTE SJ: . '
83766 1.1 OCSD 16 -13-2
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 16-13 was passed and
adopted at a regular meeting of said Board on the 24th day of August, 2016, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Choi; Deaton; Ferryman; Kiley; Kim; Kring; Mills; R. Murphy;
Nagel; Neugebauer; Nielsen; Parker; Peterson (Alternate);
Sebourn; Shawver; F. Smith; T. Smith; Steel; Tinajero ;
Wanke; Withers; and Yare
None
None
Beamish; Jones; and Peotter (Alternate)
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 24th day of August, 2016.
83766 1.1
re
e Board of Directors
Orange County Sanitation District . '
OCSD 16-13 -3