Ord 2016-118 ORDINANCE NO. 118
AN ORDINANCE OF THE BOARD OF
DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT CONFIRMING ANNUAL
CHARGES FOR SOLID WASTE AND
WASTEWATER FOR 2017-2018
WHEREAS, District has implemented the procedure set forth in Health & Safety
Code section 5470 et seq. for imposing wastewater and solid waste charge collection on
the tax rolls by duly-noticing and conducting a public hearing thereon; and
WHEREAS, since District implemented that procedure, Proposition 218 was
passed, adding Article XIIID to the California Constitution, and requiring a 45-day noticed
public hearing before increased rates are adopted; and
WHEREAS, the law also allows a five year increase in rates if certain hearing
procedures are employed; and
WHEREAS, the District has adopted solid waste and wastewater charges in
compliance therewith Article XIIID and the District has adopted a five year schedule of
increases for wastewater rates in accordance with the law; and
WHEREAS, the law requires an annual imposition of those rates on the current
tax roll and a certification of a report to the Auditor that the imposition is accurate and that
the charges are correctly set forth for each the parcel pursuant to Health & Safety Code
section 5473; and
WHEREAS, the law requires a noticed public hearing to provide a hearing for
objections to the report by those to be assessed; and
WHEREAS, the Board has taken these actions by separate resolutions for each
charge since the Auditor prefers a resolution; and
WHEREAS, some local finance experts believe these actions should be taken by
ordinance since Health &Safety Code section 5471 provides that these charges may only
be imposed by ordinance;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Ordinance No. 118
Section 1. That the charges set forth in Resolution Nos. 2017-118 and 2017-
119 for solid waste and wastewater charges for 2017-2018 fiscal year, respectively, are
hereby confirmed by the adoption of this ordinance, which shall be kept on file with the
District.
Section 2. Should any part, clause or section of this Ordinance be declared by
any Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance would
have been adopted and made a part of this Ordinance without the adoption of any portion
thereof and that the invalidity of any part or provision hereof shall not in any way affect
the validity or enforcement of the remaining provisions of this Ordinance that may stand
on their own.
Section 3. Pursuant to Health and Safety Code sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of
general circulation printed and published in the District according to law
PASSED and ADOPTED this 22"d day of June, 2016.
411 ' •
Secretary / resident
Legal Review:
‘/ A4-47
District Counsel
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Ordinance No. 118
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Ordinance No. 118 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the 22nd
day of June, 2017 by the following votes:
AYES: Scheafer, Ferryman, Schafer, Ooten, Perry
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this 22nd day of June, 2017.
•, •
lerk of the osta a Sanita , Dis nc
dos AUQC1CS Mimes
MEDIA GROUP
Sold To:
COSTA MESA SANITARY DISTRICT-C000069897
290 Paularino Ave
Costa Mesa,CA 92626
Bill To:
COSTA MESA SANITARY DISTRICT-C000069897
290 Paularino Ave
Costa Mesa,CA 92626
NOTICE OF ADOPTION
OF ORDINANCE OF THE
COSTA MESA SANITARY
DISTRICT CONFIRMING
ANNUAL SOLID WASTE
AND WASTEWATER
CHARGES FOR 2017-
2018
The District previously
complied with California
Constitution Art XIIID in
establishing its trash and
sewer charges. On June
22, 2017 the Board con-
ducted a public hearing
and assessed the charges
on each property within
the District for 2017-2018
so that the charges may
be collected on the tax
roll. This procedure is set
forth in California Health
and Safety Code Section
5473-5473.4. This ordi-
nance confirms compli-
ance with that procedure.
Contact: Noela n i Mid-
denway, District Clerk
(949)645-8400
7/7/2017
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itos AUQC1CS Mimes
MEDIA GROUP
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF ILLINOIS
County of Cook
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in the action for which the attached notice was published.
I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a
newspaper of general circulation on June 19, 1952,Cases A24831 for the City of Newport Beach,County of Orange,
and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the
following date(s):
Jul 07,2017
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
Dated at Chicago, Illinois
on this day of 20 n .
nature]
435 N. Michigan Ave.
Chicago, IL 60611
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