Ord 1968-0411
2
3
41
5'
6'
7.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
.22
23
24
25
26
27
28
29
30
31
32
:.'.ORDINANCE NO. 4
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA
MESA SANITARY DISTRICT OF ORANGE COUNTYS CALIFORNIA,
DECLARING ITS INTENTION.TO FORM AN ASSESSMENT DISTRICT
UNDER AND BY VIRTUE OF CHAPTER 6, ARTICLE 4, HEALTH AND -
SAFETY CODE OF THE STATE OF CALIFORNIA PROVIDING FOR
TRASH COLLECTION ,#; ORDERING THE DISTRICT ENGINEER TO
PREPARE THE MAPr,'FURTHER ORDERING THE DISTRICT ENGINEER,,C
THE DISTRICT MANAGER AND THE DISTRICT DIRECTOR OF
FINANCE TO PREPARE THE REPORT AND TO FIX THE ASSESSMENT
AGAINST EACH PARCEL WITHIN THE DISTRICT; SETTING THE TIME
AND.PLACE FOR PUBLIC HEARING; ORDERING PUBLICATIONe AND
MAILING OF NOTICES OF SAID HEARING; ELECTING TO COLLECT
RATES ON THE COUNTY TAX ROLLS AND GENERALLY PROVIDING
FOR ALL THINGS NECESSARY TO IMPLEMENT THIS ACT.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT
OF ORANGE COUNTY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Board of Directors of the Costa Mesa
Sanitary District hereby finds and determines that an inequity
exists in the Ad Valorem system of assessing and collecting rate
charges for trash collection within the District.
The Board further finds and determines that certain rate
charges have been assessed and are being collected with that
portion of the District which lies within the City of Newport
Beach and that the City of Newport Beach also collects a rate
charge for this service and in fact performs said service for
real property owners within the City while the District does not.
The Board further finds and determines that certain rate
charges have been assessed against certain commercial and
industrial properties within the District and that in some cases
either inadequate service or no service at all is being provided
by the District's contract haulers to said commercial and industrial
properties.
The Board further finds and determines after investigation
by its staff that proceeding under Chapter 6, Article 4 of the
Health and Safety Code is the best method of relieving the here-
tofore described inequities in trash collection rate charges and
collection of rates.
-1-
1
2
3
4
5
6
7
9
10
11
1.2
13
14
15
16
17
18
19
20
21
.22
23
24
25
26
27
28
29
Nm
31
32
The Board further finds and determines.that as a District
organized under and by virtue of the "Sanitary District Act of
1923 ", (found in Division 6, Part 1, Chapter 1 of the Health
and Safety Code), it has the power as set forth in Section 5473
and Section 6520.5 of the Health and Safety Code to act in the
manner as set forth-.in this ordinance.
SECTION 2. The Board hereby declares its intention to elect
to proceed under Section 5473 Health and Safety Code and to have
its trash collection rate charges collected:lon the tax roll in the
same manner and by the same person together with and not
separately from the general taxes.
SECTION 3. The District Engineer is hereby ordered to
prepare the map for the purposes of this ordinance as said
requirements are set forth in Sections 5473 Health and Safety
Code and Section 327 Revenue and Taxation Code.
SECTION 4. The District Manager, District Engineer and
District Director of Finance are hereby ordered to prepare the
report as required by Section 5473 Health and Safety Code in a
form and in the manner as required by the County Auditor and the
County Assessor. It is further ordered that said report provide
for trash collection only and that the same not include any rate
charge for maintenance and operation of sanitary sewer lines and
facilities. Said report shall take into account the uses being
made of each parcel as determined in Section 5 of this ordinance.
SECTION 5. Prior to compiling of the report as provided for
in the last section, the District Street Superintendent is
hereby ordered to make a field inspection to determine the exact
use being made of each premises designated by Assessor's Parcel
Number and to report his findings to the District Manager.
SECTION 6. The hearing as prescribed and required by
Section 5473.1 Health and Safety Code is hereby set for
/5 71 .
July, 1968.
-2-
1
2
3
4
5
C9
7.
Mr*
9
10
11
12
13
14
15
16
17
18
19
20
21
.22
23
24
25
26
27
28
29
M
31
32
SECTION 7. Notice of said hearing is hereby ordered to be
pzblished pursuant to Section 6066 Government Code which shall be
once a week for two successive weeks with at least five days
intervening between each publication not counting the date of
publication, said publication to be in the Daily Pilot and to be
deemed complete on the fourteenth day following the first day of
publication counting the first day of publication.
SECTION 8. Notice of the filing of the heretofore described
report and of said hearing is hereby ordered to be mailed to each
person to whom any parcel or parcels described in said report is
assessed in accordance with the requirements of Section 5473.1
Health and Safety Code said notice is hereby ordered to be mailed
to the address as shown on the latest available assessment roll.
SECTION 9. The Secretary of said District shall certify to
the passage of this ordinance and shall cause the same to be
published once in the Costa Mesa Daily Pilot, a newspaper of
general circulation, printed, published and circulated in the
Costa Mesa Sanitary District, Orange County, California, and
seven (7) days from and after its publication it shall be in
full force and effect.
r
President of the Costa Mesa
Sanitary District of Orange
ATTEST: County, California.
Secretary of the Costa Mesa Sanitary
District of Orange County.
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE )
i'
I, KERM RIMA Secretary of the Costa Mesa
Sanitary District of Orange County, California do hereby certify
that the foregoing Ordinance was introduced at a regular meeting
of the Costa Mesa Sanitary District Board of Directors held on
the 5th day of June , 1968, and was finally passed and adopted
at a regular meeting of the Costa Mesa Sanitary District on the
5th day of June , 1968, by the following roll call vote:
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
.22
23
24
25
26
27
28
29
30
31
32
AYES: Directors - Rima, Glockner, Warren, and .Porter
NOES: Directors - None
ABSENT :Directors - Briggs
MAN
Secretary of Costa Mesa
Sanitary District of Orange
County, California.