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Reso 1997-599. I V'1. RESOLUTION NO. 97 -599 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, OVERRULING PROTESTS TO THE PROPOSED USER FEE FOR LIQUID WASTE DISPOSAL AND ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT AND DIRECTING THE CLERK TO FILE THE REPORT WITH THE AUDITOR RECITALS WHEREAS, an ordinance providing for the user fee for liquid waste disposal pursuant to Section 5473 of the Health and Safety Code was passed and adopted on the 9th day of June, 1983, at a regular meeting of said Board, in consolidation with a public hearing conducted by Sanitation District No. 6; and WHEREAS, the Board has considered whether Proposition 218 applies to the imposition of these charges and has determined that Proposition 218 does not apply for the following reasons: (1) The charges are not "property related" but are only imposed for services provided; a refund policy is available for those who do not receive the service. (2) The Board is not increasing the charges. (3) The charges imposed do not exceed the costs of providing the service. WHEREAS, a written report has been prepared and filed with the Clerk which contains a description of each parcel of real property receiving liquid waste disposal and the amount of the charge for each parcel for said year, computed in conformity with the ordinance in accordance with Health and Safety Code Section 5473; and WHEREAS, a public hearing was set for the 14th day of August, 1997 to be heard in the first floor conference room of the Costa Mesa City Hall at 77 Fair Drive, Costa Mesa, California, at the hour of 6:00 p.m.; and WHEREAS, the Clerk has heretofore caused notice of said hearing to be published in a newspaper of general circulation within the District, pursuant to Section 6066 of the Government Code; and WHEREAS, said public hearing has been conducted; and WHEREAS, a majority protest has not occurred; and WHEREAS, the Board has heard any objections or protests to said report and desires to overrule said objections, if any be made; and WHEREAS, the Board does desire to adopt the report without modification; NOW, THEREFORE, BE IT RESOLVED that any protests are hereby overruled. BE IT FURTHER RESOLVED that no modifications are necessary in said report and that the report is adopted as presented and the charges set forth therein imposed. BE IT FINALLY RESOLVED that the District Clerk is instructed to file a copy of the report, properly endorsed over her signature to show that is has been finally adopted, and this Resolution, with the County Auditor prior to the 22nd day of August, 1997. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting thereof held on the 14th day of August, 1997. Secretary Pr i ent STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 97 -599, was duly and regularly passed and adopted by the said Board of Directors at a regular meeting thereof, held on the 14th day of August, 1997. Cla of the District Costa Mesa Sanitary District