Reso 2016-890 RESOLUTION NO. 2016-890
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA
MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF
ORDINANCE NO. 115 CONFIRMING ANNUAL CHARGES FOR SOLID
WASTE AND WASTEWATER FOR 2016-17 HAS OCCURRED
WHEREAS, the Board of Directors on June 23, 2016 adopted Ordinance No. 115
confirming annual charges for solid waste and wastewater for 2016-17;
WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa
Daily Pilot on July 23, 2016, and
WHEREAS, Health and Safety Code Section 6490 provides that an order of the
Board that publication has occurred is conclusive evidence that publication has properly
been made;
NOW, THEREFORE, the Board of Directors does hereby resolve:
That it is hereby ordered and decreed that publication of Ordinance No. 115
confirming annual charges for solid waste and wastewater for 2016-17 has occurred.
PASSED and ADOPTED on this 28 day of July 2016.
SteAt3fx.--
(
Secretary, Costa Mesa Sanitary District Pre ent, Costa M. sa Sanitary District
Board of Directors Board of A irectors
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 Resolution No. 2016-890 was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof, held on the
28 day of July 2016 by the following votes:
AYES: Scheafer, Perry, Ooten, Schafer, Ferryman
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 28 day of July 2016.
oe . iMd• - way
Clerk of the Costa -sa Sani ary District
EOS TAMCS Printed: 7/21/2016 8:36:25 AM
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ORDINANCE NO. 115
AN ORDINANCE OF THE
BOARD OF DIRECTORS
OF THE COSTA MESA
SANITARY DISTRICT
CONFIRMING ANNUAL
CHARGES FOR SOLID
WASTE AND WASTEWA-
TER FOR 2016-2017
WHEREAS,District has im-
plemented the procedure
set forth in Health&Safe-
ty Code section 5470 et
seq. for imposing waste-
water and solid waste
charge collection on the
tax rolls by duly-noticing
and conducting a public
hearing thereon;and
WHEREAS, since District
implemented that pro-
cedure, Proposition 218
was passed, adding Ar-
ticle XIIID to the California
Constitution, and requir-
ing a 45-day noticed pub-
lic hearing before rates
are imposed or increased;
and
WHEREAS,the law also al-
lows a five year increase
in rates if certain hear-
ing procedures are em-
ployed;and
WHEREAS,the District has
adopted solid waste and
wastewater charges in
compliance therewith Ar-
ticle XIIID and the District
has adopted a five year
schedule of increases for
wastewater rates in accor-
dance with the law;and
WHEREAS, the law re-
quires an annual impo-
elesi Printed: 7/21/2016 8:36:25 AM
Page 2 of 4
MEDIA GROUP
Order ID: 4337920 *Agency Commission not included
GROSS PRICE * : $239.97
PACKAGE NAME: Legal-DP-Notices
sition of those rates on
the current tax roll and a
certification of a report to
the Auditor that the im-
position is accurate and
that the charges are cor-
rectly set forth for each
the parcel pursuant to
Health&Safety Code sec-
tion 5473;and
WHEREAS, the law re-
quires a noticed public
hearing to provide a hear-
ing for objections to the
report by those to be as-
sessed;and
WHEREAS, the Board has
taken these actions by
separate resolutions for
each charge since the
Auditor prefers a resolu-
tion;and
WHEREAS, some local
finance experts believe
these actions should be
taken by ordinance since
Health&Safety Code sec-
tion 5471 provides that
these charges may only
be imposed by ordinance;
NOW, THEREFORE, the
Board of Directors of the
Costa Mesa Sanitary Dis-
trict does hereby ORDAIN
as follows:
Section 1.That the charg-
es
harg-es set forth in Resolu-
tion Nos. 2016-887 and
2016-888 for solid waste
and wastewater charges
for 2016-2017 fiscal year,
respectively, are hereby
confirmed by the adop-
tion of this ordinance,
which shall be kept on file
with the District.
Section 2. Should any
part, clause or section
of this Ordinance be de-
clared by any Court of
competent jurisdiction to
be invalid, the remaining
provisions of this Ordi-
nance shall nevertheless
be and remain in full force
and effect and the Board
Eas Angeles 1ms Printed: 7/21/2016 8:36:25 AM
Page 3 of 4
MEDIA GROUP
Order ID: 4337920 *Agency Commission not included
GROSS PRICE * : $239.97
PACKAGE NAME: Legal-DP-Notices
of Directors of the Costa
Mesa Sanitary District of
Orange County, Califor-
nia, hereby declares that
each and every section,
clause, provision or part
of this Ordinance would
have been adopted and
made a part of this Ordi-
nance without the adop-
tion of any portion there-
of and that the invalidity
of any part or provision
hereof shall not in any
way affect the validity or
enforcement of the re-
maining 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 23 day of June,2016.
/s/ Michael Scheafer,
President
/s/ Robert Ooten, Secre-
tary
Legal Review: /s/ Alan
Burns,District Counsel
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 regu-
larly passed and adopted
by said Board of Direc-
tors at a regular meeting
thereof, held on the 23
day of June, 2016 by the
following votes
AYES:Scheafer,Perry,Oo-
ten,Schafer,Ferryma n
TQelC
os JiiiiC Printed: 7/21/2016 8:36:25 AM
Page 4 of 4
MEDIA GROUP
Order ID: 4337920 *Agency Commission not included
GROSS PRICE * : $239.97
PACKAGE NAME: Legal-DP-Notices
riucs:lone
ABSENT:None
ABSTAIN:None
IN WITNESS WHEREOF,
I have hereunto set my
hand and affixed the seal
of the Costa Mesa Sani-
tary District,this 23 day of
June,2016.
/s/Noelani Middenway
Clerk of the Costa Mesa
Sanitary District
ios Auele times
MEDIA GROUP RECEIVED
JUL 28 2016
Costa Mesa Sanitary District
Sold To:
Costa Mesa Sanitary District-CU00069897
628 W.19th St
Costa Mesa,CA 92627
Bill To:
Costa Mesa Sanitary District-CU00069897
628 W. 19th St
Costa Mesa,CA 92627
ORDINANCE NO. 115
AN ORDINANCE OF THE
BOARD OF DIRECTORS
OF THE COSTA MESA
SANITARY DISTRICT
CONFIRMING ANNUAL
CHARGES FOR SOLID
WASTE AND WASTEWA-
TER FOR 2016-2017
WHEREAS,District has im-
plemented the procedure
set forth in Health&Safe-
ty Code section 5470 et
seq. for imposing waste-
water and solid waste
charge collection on the
tax rolls by duly-noticing
and conducting a public
hearing thereon;and
WHEREAS, since District
implemented that pro-
cedure, Proposition 218
was passed, adding Ar-
ticle XIIID to the California
Constitution, and requir-
ing a 45-day noticed pub-
lic hearing before rates
are imposed or increased;
and
WHEREAS,the law also al-
lows a five year increase
in rates if certain hear-
ing procedures are em-
ployed;and
WHEREAS,the District has
adopted solid waste and
wastewater charges in
compliance therewith Ar-
ticle XIIID and the District
has adopted a five year
schedule of increases for
wastewater rates in accor-
dance with the law;and
WHEREAS, the law re-
quires an annual impo- 4337920-Orange Coast Daily Pilot
sition of those rates on
the current tax roll and a Page 2 of 2
certification of a report to