HomeMy WebLinkAboutOC SAN 23-14 OC SAN 23-14-1
RESOLUTION NO. OC SAN 23-14
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 2023/2024 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 22, 2023, the Board of Directors adopted Ordinance No. OC SAN-
58, 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 Orange County 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 2023-2024; 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 23-14-2
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 Orange County 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. OC SAN-58 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 of the Orange
County Sanitation District held August 23, 2023.
________________________________
Ryan Gallagher Vice-Chairman of the Board of Directors ATTEST:
___________________________________ Kelly A. Lore, MMC Clerk of the Board
APROVED AS TO FORM:
___________________________________
Bradley R. Hogin General Counsel
Bradley R. Hogin (Aug 24, 2023 11:23 PDT)
Bradley R. Hogin
OC SAN 23-14-3
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 23-14 was passed and adopted at a regular meeting of said Board on the 23rd day of August 2023, by the following vote, to wit:
AYES: Brad Avery, Pat Burns, Jon Dumitru, Stephen Faessel, Ryan Gallagher, Glenn Grandis, Johnathan Ryan Hernandez, Farrah Khan, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew
Nguyen, Robert Ooten, Robbie Pitts, Susan Sonne, Schelly Sustarsic, Bruce Whitaker, John Withers, Debbie Baker (Alternate) Tom Lindsey (Alternate) and Carol Warren (Alternate) NOES: None ABSENT: Doug Chaffee, Rose Espinoza, Jordan Nefulda, and Chad Wanke
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 23rd day of August 2023.
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 2023-24 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.
_________________________________________ _______________ Robert C. Thompson Date General Manager
2023-24 Special Assessments and/or Direct Charges are listed below:
County Type of Tax/ City/District Code Description 1. UA/090 OCSAN Local Sewer Fee
2. U1/090 OCSAN Regional Sewer Fee District 1 3. U2/090 OCSAN Regional Sewer Fee District 2 4. U3/090 OCSAN Regional Sewer Fee District 3 5. U4/090 OCSAN Regional Sewer Fee District 5 6. U5/090 OCSAN Regional Sewer Fee District 6
7. U6/090 OCSAN Regional Sewer Fee District 7 8. U7/090 OCSAN Regional Sewer Fee District 11 9. U8/090 OCSAN Regional Sewer Fee District 13
08/24/2023
STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of the Board of Directors of Orange County
Sanitation District, do hereby certify that the foregoing to be a full, true and correct copy
Resolution No. OC SAN 23-14 which was adopted at a meeting of said Board of Directors
on the 23rd day of August 2023.
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of August
2023.
Kelly A. Lore, MMC Clerk of the Board
Orange County Sanitation District
OC SAN 23-14
Final Audit Report 2023-08-24
Created:2023-08-24
By:Kelly Lore (klore@ocsan.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA1JRs4WShS3WaOIcezSTxHpXRN7OXiU6J
"OC SAN 23-14" History
Document created by Kelly Lore (klore@ocsan.gov)
2023-08-24 - 1:48:43 PM GMT- IP address: 47.176.104.46
Document emailed to bhogin@woodruff.law for signature
2023-08-24 - 1:50:01 PM GMT
Email viewed by bhogin@woodruff.law
2023-08-24 - 5:50:45 PM GMT- IP address: 104.28.85.115
Signer bhogin@woodruff.law entered name at signing as Bradley R. Hogin
2023-08-24 - 6:23:22 PM GMT- IP address: 136.52.56.207
Document e-signed by Bradley R. Hogin (bhogin@woodruff.law)
Signature Date: 2023-08-24 - 6:23:24 PM GMT - Time Source: server- IP address: 136.52.56.207
Document emailed to Rob Thompson (rthompson@ocsan.gov) for signature
2023-08-24 - 6:23:26 PM GMT
Email viewed by Rob Thompson (rthompson@ocsan.gov)
2023-08-24 - 6:42:15 PM GMT- IP address: 104.47.65.254
Document e-signed by Rob Thompson (rthompson@ocsan.gov)
Signature Date: 2023-08-24 - 6:43:03 PM GMT - Time Source: server- IP address: 47.176.92.30
Document emailed to Ryan Gallagher (rgallagher@mknassociates.us) for signature
2023-08-24 - 6:43:05 PM GMT
Email viewed by Ryan Gallagher (rgallagher@mknassociates.us)
2023-08-24 - 7:04:27 PM GMT- IP address: 98.191.201.74
Document e-signed by Ryan Gallagher (rgallagher@mknassociates.us)
Signature Date: 2023-08-24 - 7:04:34 PM GMT - Time Source: server- IP address: 98.191.201.74
Document emailed to Kelly Lore (klore@ocsan.gov) for signature
2023-08-24 - 7:04:36 PM GMT
Document e-signed by Kelly Lore (klore@ocsan.gov)
Signature Date: 2023-08-24 - 7:42:22 PM GMT - Time Source: server- IP address: 47.176.92.30
Agreement completed.
2023-08-24 - 7:42:22 PM GMT