HomeMy WebLinkAboutOC SAN 22-25OC SAN 22-25-1
RESOLUTION NO. OC SAN 22-25
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 2022/2023
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
2022-2023; 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 22-25-2
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 24, 2022.
________________________________
Chad P. Wanke
Chairman of the Board of Directors
ATTEST:
___________________________________
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 22-25-3
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 22-25 was passed
and adopted at a regular meeting of said Board on the 24th day of August 2022, by the
following vote, to wit:
AYES:Ron Bates, Kim Carr, Rose Espinoza, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Johnathan Ryan Hernandez,
Brooke Jones, Steve Jones, Anthony Kuo, Sandra Massa-
Lavitt, Paulo Morales, Andrew Nguyen, Kim Nichols, Robert
Ooten, Glenn Parker, David Shawver, Jesus Silva, Chad
Wanke, John Withers, Chad Zimmerman and Connor Traut
(Alternate)
NOES:None
ABSENT:Brad Avery, Patrick Harper and Donald Wagner
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 24th day of August 2022.
Kelly A. Lore, MMC
Clerk of the Board of Directors
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 2022-23 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.
_____________________________________________________ _________________
James D. Herberg Date
General Manager
2022-23 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