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Ord 2016-115 ORDINANCE NO. 115 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT CONFIRMING ANNUAL CHARGES FOR SOLID WASTE AND WASTEWATER FOR 2016-2017 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. 115 Section 1. That the charges set forth in Resolution Nos. 2016-887 and 2016- 888 for solid waste and wastewater charges for 2016-2017 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 ,2-3 day of ikQJ , 2016. \-144 ( ettiA , / Secretary Presk ent Legal Revi District Counsel // // // // // Ordinance No. 115 // 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. 115 was duly and regularly passed and ado ted by said Board of Directors at a regular meeting thereof, held on the day of , 2016 by the following votes: AYES: Scheafer, Perry, Ooten, Schafer, Ferryman NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto et my hand and affixed the seal of the Costa Mesa Sanitary District, this a3 day of ,i.,V� , 2016. V7? logi Clerk of the Costa - - Sanit. District