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HomeMy WebLinkAboutOC SAN 24-11RESOLUTION NO. OC SAN 24-11 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 2024/2025 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, both Ordinance No. OC SAN-58 and Ordinance No. OCSD-43 were approved by a minimum of two-thirds of the members of the Board of Directors of the Orange County Sanitation District; 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 2024-2025; 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 OC SAN 24-11-1 against the parcels of land described in the Report in accordance with California Health and Safety Code sections 5473 et. seq. 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. Any objections, to the extent received, are hereby overruled. 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 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 28, 2024. ATTEST: && �41101 Kelly Lo (Aug 30, 2024 14:04 PDT) Kelly A. Lore, MMC Clerk of the Board APROVED AS TO FORM: � �, , ,�— Scott C. Smith General Counsel Ryan P. Gallagher Chairman of the Board of Directors OC SAN 24-11-2 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. OC SAN 24-11 was passed and adopted at a regular meeting of said Board on the 28th day of August 2024, by the following vote, to wit: AYES: Brad Avery, Debbie Baker, Pat Burns, Doug Chaffee, Jon Dumitru, Stephen Faessel, Ryan Gallagher, Johnathan Ryan Hernandez, Stephanie Klopfenstein, Christine Marick, Scott Minikus, Andrew Nguyen, Robert Ooten, Robbie Pitts, David Shawver, Schelly Sustarsic, Chad Wanke, Bruce Whitaker, John Withers, Ted Bui (Alternate) and Tom Lindsey (Alternate) NOES: None ABSENT: Joyce Ahn, Rose Espinoza, Farrah Khan and Jordan Nefulda ABSTENTIONS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 28th day of August 2024. Kelly Lo (Aug 30, 2024 14:04 PDT) Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OC SAN 24-11-3 CERTIFICATION OF ASSESSMENT The Orange County Sanitation District hereby certifies that the special assessment(s) (see below) to be placed on the 2024-25 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 General Manager 08/29/2024 Date 2024-25 Special Assessments and/or Direct Charges are listed below: County Type of Tax/ City/District Code Description 1. UA/916 OCSAN Local Sewer Fee 2. U1/916 OCSAN Regional Sewer Fee District 1 3. U2/916 OCSAN Regional Sewer Fee District 2 4. U3/916 OCSAN Regional Sewer Fee District 3 5. U4/916 OCSAN Regional Sewer Fee District 5 6. U5/916 OCSAN Regional Sewer Fee District 6 7. U6/916 OCSAN Regional Sewer Fee District 7 8. U7/916 OCSAN Regional Sewer Fee District 11 9. U8/916 OCSAN Regional Sewer Fee District 13 Resolution No. OC SAN 24-11 Final Audit Report 2024-08-30 Created: 2024-08-29 By: Kelly Lore (klore@ocsan.gov) Status: Signed Transaction ID: CBJCHBCAABAAuUzlHzu_B1-wINSsQKsTMI00sjXTTkE- "Resolution No. OC SAN 24-11" History Document created by Kelly Lore (klore@ocsan.gov) 2024-08-29 - 3:59:22 PM GMT- IP address: 65.206.195.5 Document emailed to Scott Smith (scott.smith@bbklaw.com) for signature 2024-08-29 - 4:00:24 PM GMT 1 Document e-signed by Scott Smith (scott.smith@bbklaw.com) Signature Date: 2024-08-30 - 8:26:25 PM GMT - Time Source: server- IP address: 74.116.243.2 Document emailed to Ryan Gallagher (rgallagher@mknassociates.us) for signature 2024-08-30 - 8:26:26 PM GMT Email viewed by Ryan Gallagher (rgallagher@mknassociates.us) 2024-08-30 - 8:34:02 PM GMT- IP address: 104.28.111.146 E1 Document e-signed by Ryan Gallagher (rgallagher@mknassociates.us) Signature Date: 2024-08-30 - 8:34:14 PM GMT - Time Source: server- IP address: 104.28.85.166 Document emailed to Kelly Lore (klore@ocsan.gov) for signature 2024-08-30 - 8:34:16 PM GMT °s Email viewed by Kelly Lore (klore@ocsan.gov) 2024-08-30 - 9:04:30 PM GMT- IP address: 104.47.65.254 1 Document e-signed by Kelly Lore (klore@ocsan.gov) Signature Date: 2024-08-30 - 9:04:52 PM GMT - Time Source: server- IP address: 65.206.195.5 Agreement completed. 2024-08-30 - 9:04:52 PM GMT Powered by iS Adobe ORANGE COUNTY SAN ITATION 01 STRICT Acrvba#5ign