Ord 2018-118 (number used twice) 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 2018-2019
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
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. 2018-910 and 2018-
909 for solid waste and wastewater charges for 2018-2019 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 28th day of June, 2018.
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:4 Al_
Secretary Presi ent
Legal Review:
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 28nd
day of June, 2018 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 28nd day of June, 2018.
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Cler of the Cost: Mes•Fanitary District