HomeMy WebLinkAboutOCSD 20-09RESOLUTION NO. OCSD 20-09
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 2020/2021
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 54 73.1 ; and
WHEREAS, the Board of Directors have 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 have 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.
OCSD 20-09-1
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-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 26, 2020 .
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
Dq vid John Shq wver
David Jo h n Shawver (Aug 27 , 2020 09 :06 PDT )
David John Shawver
Chairman of the Board of Directors
OCSD 20-09-2
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 20-09 was passed and
adopted at a regular meeting of said Board on the 26th day of August 2020, by the
following vote, to wit:
AYES: Brad Avery, Allan Bernstein, Doug Chaffee, Robert Collacott,
Steve Jones, Brooke Jones, Peter Kim, Lucille Kring, Sandra
Massa-Lavitt, Nelida Mendoza, Mark Murphy, Richard Murphy,
Andrew Nguyen, Glenn Parker, Erik Peterson, Tim Shaw,
David Shawver, Christina Shea, Jesus Silva, Fred Smith, Chad
Wanke, John Withers and Mariellen Yarc
NOES: None
ABSENT: James Ferryman and Steve Nagel
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Orange County Sanitation District this 26th day of August 2020.
,MMC
Board of Directors
Orange County Sanitation District
OCSD 20-09-3
CERTIFICATION OF ASSESSMENT
The Orange County Sanitation District hereby certifies that the special assessment(s) (see below)
to be placed on the 2020-21 Secured Property Tax bill by the Orange County Sanitation District
meets the requirements of Proposition 218 that added Articles XlllC 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 employees, 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 meeting the
requirements of Proposition 218 for such assessment(s), the Orange County Sanitation District
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.
James D. Herberg
General Manager
2020-21 Special Assessments and/or Direct Charges are listed below:
1.
2.
3.
4 .
5.
6.
7.
8.
9.
County Type of Taxi
City/District Code Description
UA/090
U1/090
U2/090
U3/090
U4/090
US/090
U6/090
U?/090
U8/090
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
08/27/2020
Date
Prop 218 Assessment
Final Audit Report 2020-08-27
Created: 2020-08-27
By: Kelly Lore (klore@ocsd.com)
Status : Signed
Transaction ID: CBJCHBCAABAA3eP1 Ng3300WEd5sk2tno7SJQyFV-fNVm
"Prop 218 Assessment" History
~ Document created by Kelly Lore (klore@ocsd.com)
2020-08-27 -2:43:43 PM GMT-IP address : 47 .176.92.30
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2020-08-27 -2:44 :19 PM GMT
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2020-08-27 -4:37:12 PM GMT-IP address : 104.47.64.254
6'-0 Document e-signed by James Herberg Uherberg@ocsd.com)
Signature Date : 2020-08-27 -4:37:29 PM GMT -Time Source: server-IP address : 47.176 .92 .30
e Signed document emailed to Kelly Lore (klore@ocsd.com) and James Herberg Uherberg@ocsd.com)
2020-08-27 -4:37:29 PM GMT
ORANGE COUNTY I POWERED BY
Sanitation District Adobe Sign