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Reso 1998-612' a+F ' RESOLUTION NO. 98 -612 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DETERMINING THAT A MAJORITY PROTEST DID NOT OCCUR WITH RESPECT TO THE PROPOSED CHARGES FOR TRASH COLLECTION 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 trash collection charges pursuant to Section 5473 of the Health and Safety Code was passed and adopted on the 5"' day of June 1968, at a regular meeting of said Board; and WHEREAS, the Board has determined that since an increase in trash rates is proposed, that Proposition 218 may apply to the imposition of these charges and therefore has determined that: 1. Revenues derived from the fee or charge have not exceeded the funds required to provide the property related service. 2. Revenue from the fee or charge is not being used for any purpose other than . that for which the fee or charge is imposed. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. 5. No fee or charge is being imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. WHEREAS, a written report has been prepared and filed with the Clerk which contains a description of each parcel of real property receiving trash collection services 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 13"' day of August, 1998 to be heard in the Council Chambers 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, in accordance with the law; WHEREAS, mailed notice has also been given to each owner or record for which a charge is proposed; 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 this report, properly endorsed over her signature to show that it has been finally adopted, and this Resolution, with the County Auditor. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting thereof held on the 13"' day of August, 1998. Secretary Vice President -s .. 1 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. 98 -612, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 13th day of August, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 13Jk day of ( , 19 gR Quet=' (Q� Clerk of t6dCosta Mesa Sanitary District