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Ord 2018-118 (number used twice) 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 2018-2019 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 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. 2018-910 and 2018- 909 for solid waste and wastewater charges for 2018-2019 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 28th day of June, 2018. p :4 Al_ Secretary Presi ent Legal Review: 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 28nd day of June, 2018 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 28nd day of June, 2018. 1 -1 drati Cler of the Cost: Mes•Fanitary District