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Reso 2000-640RESOLUTION NO. 2000 -640 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 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. RF.C.TTATS, 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 the procedural provisions of Proposition 218 applies to the imposition of these charges and has determined that Proposition 218 does not apply to the procedures for adopting these charges since the charges are not being increased; and WHEREAS, the substantive provisions of Proposition 218 may, apply to said charges and the Board has determined that the following criteria have been met: 1. Revenues derived from the annual sewer fee charges do not exceed the funds required to provide the sewer service. The charges are calculated by adding together the costs of all the components of providing the service and then apportioning the required funds to each of the properties connected to the system. The components of providing the service include the yearly capital replacement projects, the maintenance and operation costs of maintaining the system and administration costs. 2. Revenue from the fee or charge is not used for any purpose other than for which the fee or charge is imposed. No funds collected from the charges are used for expansion or augmentation to the sewer system, only the purposes as designated in the applicable statutes. Similarly, no funds derived from the charges are used for solid waste collection, recycling, or administration thereof. 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. Each parcel connected to the system falls into a property category type, which has a related estimated maximum sewer flow. The maximum estimated sewer flow is based on actual flow metering tests along with flow rates calculated and established by other sewer agencies. The total estimated maximum sewer flows and acres of property developed are used to determine the funding contribution from each property category type. Each individual parcel, based on the actual number of residential units or commercial /industrial /other square footage, is assigned its proportional share of the required funds of each property category type. Therefore, each property contributes its proportional share. 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. Properties are only charged if they are physically connected to the sewer system. Vacant land or properties with storage or other buildings not receiving sewer service are not charged. 5. No fee or charge is imposed for general governmental services such as police, fire, ambulance, or libraries, but is only imposed for sewer services. The District provides only trash collection and sewer service and all fees collected as sewer charges are used only for related expenses. 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 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 10th day of August 2000 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 of 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 10th day of August 2000. r� . 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. 2000 -640, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 10th day of August 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this /oxj, day of 2000. Clerk of'asta -Mess Sanitary District