Reso 1997-599. I V'1.
RESOLUTION NO. 97 -599
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA,
OVERRULING PROTESTS TO THE PROPOSED USER FEE FOR LIQUID
WASTE DISPOSAL AND ADOPTING THE REPORT ON FILE WITH THE
CLERK OF THE DISTRICT AND DIRECTING THE CLERK TO FILE THE
REPORT WITH THE AUDITOR
RECITALS
WHEREAS, an ordinance providing for the user fee for liquid waste disposal pursuant
to Section 5473 of the Health and Safety Code was passed and adopted on the 9th day of June,
1983, at a regular meeting of said Board, in consolidation with a public hearing conducted by
Sanitation District No. 6; and
WHEREAS, the Board has considered whether Proposition 218 applies to the imposition
of these charges and has determined that Proposition 218 does not apply for the following
reasons:
(1) The charges are not "property related" but are only imposed for services provided;
a refund policy is available for those who do not receive the service.
(2) The Board is not increasing the charges.
(3) The charges imposed do not exceed the costs of providing the service.
WHEREAS, a written report has been prepared and filed with the Clerk which contains
a description of each parcel of real property receiving liquid waste disposal and the amount of
the charge for each parcel for said year, computed in conformity with the ordinance in
accordance with Health and Safety Code Section 5473; and
WHEREAS, a public hearing was set for the 14th day of August, 1997 to be heard in
the first floor conference room of the Costa Mesa City Hall at 77 Fair Drive, Costa Mesa,
California, at the hour of 6:00 p.m.; and
WHEREAS, the Clerk has heretofore caused notice of said hearing to be published in
a newspaper of general circulation within the District, pursuant to Section 6066 of the
Government Code; and
WHEREAS, said public hearing has been conducted; and
WHEREAS, a majority protest has not occurred; and
WHEREAS, the Board has heard any objections or protests to said report and desires
to overrule said objections, if any be made; and
WHEREAS, the Board does desire to adopt the report without modification;
NOW, THEREFORE, BE IT RESOLVED that any protests are hereby overruled.
BE IT FURTHER RESOLVED that no modifications are necessary in said report and
that the report is adopted as presented and the charges set forth therein imposed.
BE IT FINALLY RESOLVED that the District Clerk is instructed to file a copy of the
report, properly endorsed over her signature to show that is has been finally adopted, and this
Resolution, with the County Auditor prior to the 22nd day of August, 1997.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District
at a regular meeting thereof held on the 14th day of August, 1997.
Secretary Pr i ent
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above
and foregoing Resolution No. 97 -599, was duly and regularly passed and adopted by the said
Board of Directors at a regular meeting thereof, held on the 14th day of August, 1997.
Cla of the District
Costa Mesa Sanitary District