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Ord 2016-118 ORDINANCE NO. 118 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT CONFIRMING ANNUAL CHARGES FOR SOLID WASTE AND WASTEWATER FOR 2017-2018 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 increased rates are adopted; 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. 118 Section 1. That the charges set forth in Resolution Nos. 2017-118 and 2017- 119 for solid waste and wastewater charges for 2017-2018 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 22"d day of June, 2016. 411 ' • Secretary / resident Legal Review: ‘/ A4-47 District Counsel // // // // // Ordinance No. 118 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. 118 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 22nd day of June, 2017 by the following votes: AYES: Scheafer, Ferryman, Schafer, Ooten, Perry 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 22nd day of June, 2017. •, • lerk of the osta a Sanita , Dis nc dos AUQC1CS Mimes MEDIA GROUP Sold To: COSTA MESA SANITARY DISTRICT-C000069897 290 Paularino Ave Costa Mesa,CA 92626 Bill To: COSTA MESA SANITARY DISTRICT-C000069897 290 Paularino Ave Costa Mesa,CA 92626 NOTICE OF ADOPTION OF ORDINANCE OF THE COSTA MESA SANITARY DISTRICT CONFIRMING ANNUAL SOLID WASTE AND WASTEWATER CHARGES FOR 2017- 2018 The District previously complied with California Constitution Art XIIID in establishing its trash and sewer charges. On June 22, 2017 the Board con- ducted a public hearing and assessed the charges on each property within the District for 2017-2018 so that the charges may be collected on the tax roll. This procedure is set forth in California Health and Safety Code Section 5473-5473.4. This ordi- nance confirms compli- ance with that procedure. Contact: Noela n i Mid- denway, District Clerk (949)645-8400 7/7/2017 5061651- Newport Harbor News Press Combined With Daily Pilot Page 2 of 2 itos AUQC1CS Mimes MEDIA GROUP PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952,Cases A24831 for the City of Newport Beach,County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Jul 07,2017 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this day of 20 n . nature] 435 N. Michigan Ave. Chicago, IL 60611 5061651 - Newport Harbor News Press Combined With Daily Pilot Page 1 of 2