HomeMy WebLinkAboutOCSD 19-11RESOLUTION NO. OCSD 19-11
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 2019/2020
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 Sanitation 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 19-11-1
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 , th is
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 28, 2019 .
Chairman
83766 1 I OCSD 19-11-2
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 19-11 was passed and
adopted at a regular meeting of said Board on the 281h day of August 2019, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Avery Bernstein, Berry (Alternate), Chaffee, Collacott, Ferryman ,
Flory (Alternate), Hawkins, Iglesias, Kring, Massa-Lavitt, R. Murphy,
Nagel, Nguyen, O 'Neill (Alternate), Parker, Peterson, Shaw,
Shawver, Shea , F. Smith, Wanke and Withers
None
None
Kim and M. Murphy
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 28th day of August 2019.
e , MM
Board of Directors
"' Orange County Sanitation District
83766 1.1 OCSD 19-11-3
CERTIFICATION OF ASSESSMENT
The Orange County Sanitation District hereby certifies that the special assessment(s)
(see below) to be placed on the 2019-20 Secured Property Tax bill by the Orange County
Sanitation District meets the requirements of Proposition 218 that added Articles XI I IC
and XlllD to the State Constitution.
The Orange County Sanitation District agrees to defend, indemnify and hold harmless the
County of Orange, the Board of Supervisors , the Auditor-Controller, its officers and
emp loyees, from litigation over whether the requirements of Proposition 218 were met
with respect to such assessment(s).
If any judgment is entered against any indemnified party as a result of not meet ing the
requirements of Proposition 218 for such assessment(s), the Orange County Sanitation
D istrict agrees that County may offset the amount of any judgment paid by an indemnified
party from any monies collected by County on Orange County Sanitation District behalf,
including property taxes, special taxes, fees, or assessments .
~ __;;_ __ fffe~
David John S a ver
Board Chair
~/"~l1q
Date
8 l"-'6/ I q
Date
2019-20 Special Assessments and/or Direct Charges are listed below:
1.
2 .
3 .
4 .
5 .
6.
7 .
8.
9.
County Type of Tax/
City/District Code
UA/090
U1/090
U2/090
U3/090
U4/090
U5/090
U6/090
U7/090
U8/090
Description
Local Sewer Service Fee
OCSD Sewer User Fee District 1
OCSD Sewer User Fee District 2
OCSD Sewer User Fee District 3
OCSD Sewer User Fee District 5
OCSD Sewer User Fee District 6
OCSD Sewer User Fee District 7
OCSD Sewer User Fee District 11
OCSD Sewer User Fee District 13
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
County of Orange
) SS.
)
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above entitled matter. I am the principal clerk
of The Orange County Register, a newspaper
of general circulation, published in the city of
Santa Ana, County of Orange, and which
news-paper has been adjudged to be a newspaper
of general circulation by the Superior Court of
the County of Orange, State of California, under
the date of November 19, 1905, Case No.
A-21046, that the notice, of which the annexed is
a true printed copy, has been published in each
regular and entire issue of said newspaper and
not in any supplement thereof on the following
dates, to wit:
August 14, 21, 2019
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: August 21, 2019
~ ~··
The Orange County Register
2190 S. Towne Centre Pl.
Anaheim, CA 92806
(714) 796-2209
PROOF OF PUBLICATION
R'ut>llsh~. 01: Reliister; AV~~tt 21, 201.9. ll.29s7il
ORANGE COUNTY SANITATION DISTRICT
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Orange County Sanitation District will hold a public
hearing to receive input on a report filed with the Clerk of the Board entitled "Sewer
Service Charges for Collection on Tax Rolls for Fiscal Year 2019-20". Pursuant to
California Health and Safety Code Section 5473 .1, the Orange County Sanitation District
proposes to collect reg ional sewer service charges and local sewer service charges on
the tax rolls in the same manner, by the same persons , and at the same time as , together
with and not separate from , its general taxes. If this report and proposal are accepted ,
the amount of the charges , if not paid , shall constitute a lien against the lot or parcel of
land against which the charge has been made.
The public hearing for collection of regional sewer service charges and local sewer
service charges on the tax rolls has been set for Wednesday, August 28 , 2019 , at
approximately 6:00 p.m . at the Administrative Offices of Orange County Sanitation
District , 10844 Ellis Avenue, Fountain Valley, CA 92708. All persons interested in , or
objecting to , sa id reports or proposals may then appea r and be heard.
Comments on any of the hearing items may be made in person at the public hearing ; in
writing addressed to Orange County Sanitation District , 10844 E llis Avenue , Fountain
Valley , CA 92708, ATTN: Kelly Lore , C lerk of the Boa rd ; by ema il to klore@ocsd .com; or
by FAX to Kelly Lore , Cle rk of the Board at 714-962-0356 . For any additional information ,
contact the Cle rk of the Board at (714) 593-7433 .
Kelly A. Lore, MMC
Clerk of the Boa rd
Published , OC Register August 14 ; 21 , 2019
I , Kelly A. Lore, Clerk of the Board of Orange County Sanitation District , hereby certify
that a copy of this notice was posted on the digital signage outside the main gate of the
Administrative Offices of Orange County Sanitation District, 10844 Ellis Avenue , Fountain
Valley , CA 92708 on August 14, 2019 .
OR~ NOTI UNTY SANITATION DISTRICT
PUBLIC HEARING
N011CE IS HEREB'< GIV District will hold a publ\C h the Oran with the Clerk of the BOC!rd en to receive gi~~~unty Sanitation
Collectlon on Tax Rolls tor FISC •Sewer servlceoCnha rePOrt flied
Callfornla Health and safetv code 2019-20' arges for sanitation District proposes to callee 5473 i" thur0suant to and 1ocal sewer service charges on the al · • e range Count by the same persons. and at the same ti ~:']';'.;'~~service charge~
separate tram. \ts general taxes. If this e same mann accepted. the amount of the charges. If n 09~~her with, and ~~t
l\e.n against the lot or parcel of land oga\ns '\._sifaWPOsal are 1>een mode. ~h constitute a , e charge h
Tne publlC hearing tor collectlon ot re11\onol sew as
and 1ocal sewer service charges on the tax rolls ~ w~nesdaY• August 28, 2019. at approx\motelv 6:00 tee charge Ailm\n\strat\ve bff\ces of orange countv sanitation"'-set for s
el\\s Avenue. fountain Valley , CA 92708 .. All persons lntt.J he o~\ect\ng to. sold reports or proposals mov then appear ol1°'.l0844
c omments on onv of the hearing It_~ mav be mode In per~~r~ bllC hear\ng; In writing addre,._. to oran e countv §!I.~ b~str\ctl 10844 ElllS Avenue, Fountain Valle~Y• Cj;9270B, ATTN: Lore. c erk of the Board• bv email to klor .com; or bY FAY.. t · KellY Lore. Clerk of the Board at 714-962-0 6. For onY additional
Information. contact the Clerk of the Board at (71 41 593-7433.
.K~llY A. Lore. MMC C l~rk of the Board Published· oc Reg ister August 14; 21, 2019 11295764
WEDJ'JESD AY, AUGUST 21 , 2019
ORANGE COUNTY SANITATION DISTRICT
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Orange County Sanitation
District will hold a public hearing to receive Input on a rePOrt filed with the Clerk of the Board entitled •sewer Service Charges for · Collection on Tax Rolls for Flscal Year 2019-20'. Pursuant to California Health and Safety Code Section 5473.1, the Orange County Sanitation District proPOses to collect regional sewer service charges and local sewer service charges on the tax rolls in the same manner, . by the same persons, and at the same time as, together with. and not separate from, Ifs general taxes. If this repart and proPOsal are accepted, the amount of the charges, If not paid, shall constitute a li.e.l'.l cjgainst the lot or parcel of land against which the charge has
b&8n rnade. '
The public heal'lng for collection of regional sewer service charges and=· 1c al sewer service charges on the tax rolls has been set for ., Wee sday, August 28, 2019, at approximately 6:00 p.m . at the
~rA lstrative Offices .of Orange County Sanitation District, 10844 Is ·Avenue, Fountain Valley; CA 92708. All persons interested In, or 11
~Ing to, said rePOr1s or proPOsals may then appear and be heard .
Con1ifients ori any of the hearing Items may be made in person at the · public . hearing ; in writing addressed to Orange County Sanitation !
Drstrlct, 10844 Ellis Avenue, Fountain Valley, CA 92708, ATTN : Kelly J1
L~Fe/Clerk of the Board ; by email to klore@ocSd .com; or by FAX to ~!l~Lore, Clerk of the Board at 714-962-0356. For any additional 1 inlORTlation, contact the Clerk of the Board at (714) 593:7433 __ 1
Kki1r A.. Lore, MMC
G.!.el!.\I, of the Board
t ~-.,,
f>Ybfished, OC Register , August 14; 21. 2019 11295764 . ·
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