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Ord 1968-0411 2 3 41 5' 6' 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 29 30 31 32 :.'.ORDINANCE NO. 4 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTYS CALIFORNIA, DECLARING ITS INTENTION.TO FORM AN ASSESSMENT DISTRICT UNDER AND BY VIRTUE OF CHAPTER 6, ARTICLE 4, HEALTH AND - SAFETY CODE OF THE STATE OF CALIFORNIA PROVIDING FOR TRASH COLLECTION ,#; ORDERING THE DISTRICT ENGINEER TO PREPARE THE MAPr,'FURTHER ORDERING THE DISTRICT ENGINEER,,C THE DISTRICT MANAGER AND THE DISTRICT DIRECTOR OF FINANCE TO PREPARE THE REPORT AND TO FIX THE ASSESSMENT AGAINST EACH PARCEL WITHIN THE DISTRICT; SETTING THE TIME AND.PLACE FOR PUBLIC HEARING; ORDERING PUBLICATIONe AND MAILING OF NOTICES OF SAID HEARING; ELECTING TO COLLECT RATES ON THE COUNTY TAX ROLLS AND GENERALLY PROVIDING FOR ALL THINGS NECESSARY TO IMPLEMENT THIS ACT. THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Board of Directors of the Costa Mesa Sanitary District hereby finds and determines that an inequity exists in the Ad Valorem system of assessing and collecting rate charges for trash collection within the District. The Board further finds and determines that certain rate charges have been assessed and are being collected with that portion of the District which lies within the City of Newport Beach and that the City of Newport Beach also collects a rate charge for this service and in fact performs said service for real property owners within the City while the District does not. The Board further finds and determines that certain rate charges have been assessed against certain commercial and industrial properties within the District and that in some cases either inadequate service or no service at all is being provided by the District's contract haulers to said commercial and industrial properties. The Board further finds and determines after investigation by its staff that proceeding under Chapter 6, Article 4 of the Health and Safety Code is the best method of relieving the here- tofore described inequities in trash collection rate charges and collection of rates. -1- 1 2 3 4 5 6 7 9 10 11 1.2 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 29 Nm 31 32 The Board further finds and determines.that as a District organized under and by virtue of the "Sanitary District Act of 1923 ", (found in Division 6, Part 1, Chapter 1 of the Health and Safety Code), it has the power as set forth in Section 5473 and Section 6520.5 of the Health and Safety Code to act in the manner as set forth-.in this ordinance. SECTION 2. The Board hereby declares its intention to elect to proceed under Section 5473 Health and Safety Code and to have its trash collection rate charges collected:lon the tax roll in the same manner and by the same person together with and not separately from the general taxes. SECTION 3. The District Engineer is hereby ordered to prepare the map for the purposes of this ordinance as said requirements are set forth in Sections 5473 Health and Safety Code and Section 327 Revenue and Taxation Code. SECTION 4. The District Manager, District Engineer and District Director of Finance are hereby ordered to prepare the report as required by Section 5473 Health and Safety Code in a form and in the manner as required by the County Auditor and the County Assessor. It is further ordered that said report provide for trash collection only and that the same not include any rate charge for maintenance and operation of sanitary sewer lines and facilities. Said report shall take into account the uses being made of each parcel as determined in Section 5 of this ordinance. SECTION 5. Prior to compiling of the report as provided for in the last section, the District Street Superintendent is hereby ordered to make a field inspection to determine the exact use being made of each premises designated by Assessor's Parcel Number and to report his findings to the District Manager. SECTION 6. The hearing as prescribed and required by Section 5473.1 Health and Safety Code is hereby set for /5 71 . July, 1968. -2- 1 2 3 4 5 C9 7. Mr* 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 29 M 31 32 SECTION 7. Notice of said hearing is hereby ordered to be pzblished pursuant to Section 6066 Government Code which shall be once a week for two successive weeks with at least five days intervening between each publication not counting the date of publication, said publication to be in the Daily Pilot and to be deemed complete on the fourteenth day following the first day of publication counting the first day of publication. SECTION 8. Notice of the filing of the heretofore described report and of said hearing is hereby ordered to be mailed to each person to whom any parcel or parcels described in said report is assessed in accordance with the requirements of Section 5473.1 Health and Safety Code said notice is hereby ordered to be mailed to the address as shown on the latest available assessment roll. SECTION 9. The Secretary of said District shall certify to the passage of this ordinance and shall cause the same to be published once in the Costa Mesa Daily Pilot, a newspaper of general circulation, printed, published and circulated in the Costa Mesa Sanitary District, Orange County, California, and seven (7) days from and after its publication it shall be in full force and effect. r President of the Costa Mesa Sanitary District of Orange ATTEST: County, California. Secretary of the Costa Mesa Sanitary District of Orange County. STATE OF CALIFORNIA ss COUNTY OF ORANGE ) i' I, KERM RIMA Secretary of the Costa Mesa Sanitary District of Orange County, California do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Costa Mesa Sanitary District Board of Directors held on the 5th day of June , 1968, and was finally passed and adopted at a regular meeting of the Costa Mesa Sanitary District on the 5th day of June , 1968, by the following roll call vote: -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 29 30 31 32 AYES: Directors - Rima, Glockner, Warren, and .Porter NOES: Directors - None ABSENT :Directors - Briggs MAN Secretary of Costa Mesa Sanitary District of Orange County, California.