HomeMy WebLinkAboutOCSD 18-14RESOLUTION NO. OCSD 18-14
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 2018/2019
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 28, 2018, the Board of Directors adopted Ordinance
No. OCSD-49, 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
2018-2019; 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 18-14-1
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 her 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-49 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 affect the order set forth
in Section 3 herein.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
August 22, 2018.
837661.1 OCSD 18-14-2
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 18-14 was passed and
adopted at a regular meeting of said Board on the 22nd day of August 2018, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Barnes; Beard (Alternate); Bernstein; Collacott; Deaton;
Ferryman; Kim; Kusumoto (Alternate); Nagel; Nguyen; Parker;
Peotter; Peterson; Sebourn; Shaw; F. Smith; Steel; Tinajero;
Wagner; Warren (Alternate); Wanke; Withers; and Yarc
None
None
Hawkins and T. Smith
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 22nd day of August 2018.
83766 1.1 OCSD 18-14-3