Ord 2007-57RESOLUTION NO. 2006 -733
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
ORDERING THAT PUBLICATION OF ORDINANCE
NO. 57 REGARDING TRASH CONTAINERS HAS
OCCURRED
WHEREAS, the Board of Directors on January 17, 2007, amended the Operations
Code regarding trash containers; and
WHEREAS, that ordinance was published in the Newport Beach /Costa Mesa
Daily Pilot on January 30, 2007; and
WHEREAS, Health and Safety Code Section 6490 provides that an order of the
Board that publication has occurred is conclusive evidence that publication has properly
been made;
NOW, THEREFORE, the Board of Directors does hereby resolve:
That it is hereby ordered and decreed that publication of Ordinance No. 57
amending the Operations Code regarding trash containers.
PASSED and ADOPTED on this S& day of March 2007.
Secretary, Costa Mesa Sanitary District
Board,.of_Directors
President, Costa Mesa Sanitary it ct
Board of 0irecto' rs'
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. 2007 -733 duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof held on the FAL day of
2y, Wn-c 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this day of 2007.
Clerk o e Costs -'Mesa Sanitary District
ORDINANCE NO. 57
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
REGARDING TRASH CONTAINERS
WHEREAS, the Board of Directors of the Costa Mesa Sanitary District has
previously purchased and implemented a standardized trash container collection
system that was compatible with semi - automatic or automatic collection; and
WHEREAS, the Board thereafter authorized its franchisee to implement a
fully automated system for the collection of trash; and
WHEREAS, pursuant to the negotiations that resulted in adoption of a
master agreement between the District and the franchisee, it was agreed that the
franchisee would purchase the trash containers from the District and would take
over the trash container program; and
WHEREAS, that purchase has now occurred and a bill of sale has been
issued to the franchisee transferring title to the containers; and
WHEREAS, the Board does hereby desire to revise its Operation Code to
reflect the fact that the franchisee now owns the containers;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary
District does hereby ORDAIN:
Section 1. That Section 10.01.050 of the Costa Mesa Sanitary District
Operations Code is amended to read:
10.01.050 Container Ownership /Care. The containers are owned by the
District's franchisee. It is unlawful to damage or deface the containers. It is
unlawful to mark on the containers. Each container has a registration number on
it and is assigned to a residence. Graffiti, vandalism or other damage to the
containers should be reported to the franchisee immediately and the franchisee
shall advise the District thereafter."
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 and it shall take effect upon the expiration of one week after publication.
PASSED and ADOPTED this % day of 2007.
Secretary President
OA
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 Ordinance No. 57, was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the
l ?/i day of 2007 by the following vote:
AYES: Art Perry, Arlene Schafer, Robert Ooten, James Ferryman, Gary Monahan
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the Costa Mesa Sanitary District, this �7� day of
2007.
Clerk of e C 6sta'Me8a Sanitary District
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