Ord 2015-105 ORDINANCE NO. 105
AN ORDINANCE OF THE BOARD OF
DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT CONFIRMING
ANNUAL CHARGES FOR SOLID WASTE
AND WASTEWATER FOR 2015-2016
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 rates are imposed or increased; 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. 105
Section 1. That the charges set forth in Resolution Nos. 2015-865 and 2015-
866 for wastewater and solid waste charges for 2015-2016, 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 day of TJ(,fil , 2015.
L9sv
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Secretary Presid t
Legal Revie
District Counsel
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Ordinance No. 105
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. /05was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the ;6-
day ofIU , 2015 by the following votes:
AYES: Scheafer, Perry, Ooten, Schafer, Ferryman
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set m hand and affixed the seal of the
Costa Mesa Sanitary District, this day of , 2015.
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