HomeMy WebLinkAboutOC SAN 21-13 RESOLUTION NO. OC SAN 21-13
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 2021/2022
WHEREAS, California Health and Safety Code sections 5473 et seq. authorize the
Orange County Sanitation District to adopt an ordinance by a two-thirds vote of the Board
of Directors of the Orange County 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
2021-2022; and
WHEREAS, the Orange County 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 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.
OC SAN 21-13-1
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-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 25, 2021.
ion 6 �ch�t��
John b withers(Aug 27,202107:30 PDT)
John B. Withers
Chairman of the Board of Directors
ATTEST:
Kelly Late
Kelly Lore(Aug 31,202113:05 PDT)
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 21-13-2
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. OC SAN 21-13 was passed
and adopted at a regular meeting of said Board on the 25t" day of August 2021 , by the
following vote, to wit:
AYES: Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Stephen
Faessel, Ryan Gallagher, Marshall Goodman, Patrick Harper,
Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-
Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Chad Wanke, John Withers and Chad
Zimmerman
NOES: None
ABSTENTIONS: None
ABSENT: Silva
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 25th day of August 2021.
Kelly Loco
Kelly Lore(Aug 31,2021 13:05 PDT)
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OC SAN 21-13-3
Resolution OC SAN 21 -13
Final Audit Report 2021-08-31
Created: 2021-08-27
By: Kelly Lore(klore@ocsan.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAk2cPNNmKXW4MQ50opOvDnreD2tfgMhxt
"Resolution OC SAN 21 -13" History
Document created by Kelly Lore (klore@ocsan.gov)
2021-08-27-2:24:40 PM GMT-IP address:47.176.104.46
Document emailed to john b withers Qwithers@calstrat.com)for signature
2021-08-27-2:25:26 PM GMT
Email viewed by john b withers (jwithers@calstrat.com)
2021-08-27-2:26:28 PM GMT-IP address:52.53.214.78
Document e-signed by john b withers Qwithers@calstrat.com)
Signature Date:2021-08-27-2:30:17 PM GMT-Time Source:server-IP address:75.23.167.116
Document emailed to Kelly Lore (klore@ocsan.gov) for signature
2021-08-27-2:30:19 PM GMT
Document e-signed by Kelly Lore (klore@ocsan.gov)
Signature Date:2021-08-31 -8:05:46 PM GMT-Time Source:server-IP address:47.176.92.30
Agreement completed.
2021-08-31 -8:05:46 PM GMT
*,SA N Adobe sign
ORANGE COUNTY SANITATION DISTRICT
CERTIFICATION OF ASSESSMENT
The Orange County Sanitation District hereby certifies that the special assessment(s)
(see below) to be placed on the 2021-22 Secured Property Tax bill by the Orange County
Sanitation District meets the requirements of Proposition 218 that added Articles XIIIC
and XIIID 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.
?4'fiYzZ-r?/J I a 2-4 - Zo z 1
James D. Herberg Date
General Manager
2021-22 Special Assessments and/or Direct Charges are listed below:
County Type of Tax/
City/District Code Description
1. UA/090 Local Sewer Service Fee
2. U1/090 OCSD Sewer User Fee District 1
3. U2/090 OCSD Sewer User Fee District 2
4. U3/090 OCSD Sewer User Fee District 3
5. U4/090 OCSD Sewer User Fee District 5
6. U5/090 OCSD Sewer User Fee District 6
7. U6/090 OCSD Sewer User Fee District 7
8. U7/090 OCSD Sewer User Fee District 11
9. U8/090 OCSD Sewer User Fee District 13