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Reso 2013-832RESOLUTION NO. 2013-832 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 97 ESTABLISHING FEES FOR SERVICES RENDERED BY THE OFFICE OF THE DISTRICT CLERK WHEREAS, the Board of Directors on May 23, 2013 adopted Ordinance No. 97 establishing fees for services rendered by the Office of the District Clerk. WHEREAS, that Ordinance was published in the Newport Beach /Costa Mesa Daily Pilot on May 31, 2013, 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. 97 establishing fees for services rendered by the Office of the District Clerk has occurred. PASSED and ADOPTED on this 27th ay of une 2013. Secretary, Costa Mesa Sanita4 Di trict Board of Directors P e ident, Costa Mesa anitary District Board of Directors STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Scott Carroll, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2013 -832 duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 27h day of June 2013. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 2r day of June 2013. Scott Carroll Clerk of the Costa Mesa Sanitary District RECEIVED JUN 1 12013 PROOF OF 601AwItSASMITUY.0QMC1 PUBLICATION STATE OF CALIFORNIA) made a part of this Ordinance without the adoption of any portion thereof and that the Invalidity of perjury that the foregoing is true and ORDINANQN0.97 ) SS. AN ORDINANCE OF THE BOARD OF DIRECTORS COUNTY OF ORANGE ) Of ME MESA ITARY ESTABLISHINGTPLUMBNGFXTUREFEECREEDITS WHEREAS, the District has long charged for fixture fees, those being act dollar amounts charged per Executed on June 07, 2013 at Costa plumbing fixture in a proposed development; and WHEREAS, the Board has definetl 0xlure fees as am a citizen of the United States capacity charges for public facilities in existence and a resident of the County at the time a charge is imposetl or charges for new public facilities to be acquired or constructed aforesaid; I am over the age of in the future that are of proportional benefit to the person or property being charged, Including eighteen years, and not a party to or id WHERE S, the other trio has determined rmi WHEREAS, District has determined fixture fees only be applied to new construction m interested in the action for which the should alteration of existing structures that is made to increase the burden on the capacity of the District's attached notice was published. I am system or that adds other new burdens to the a principal clerk of the "Orange Coast system; and WHEREAS, the Board does hereby desire to establish plumbing fixture fee credit for existing DAILY PILOT", which was adjudged structures and only apply fixture fees to the new or alteration of existing structures a newspaper of general circulation that Increases the burden on capacity to the that District's system; NOW, THEREFORE, the Board of Directors of the for the City of Costa Mesa, County of Costa Mesa esa Sanitary District does hereby ORDAIN Orange, and State of California 9 as follows: Sections 1. That Section 6.04.085 Is hereby added to the Costa Mesa Sanitary District OperaOons Code 1/14/1938 case # A6214. r as follows: 6.04.085 Credits. In the case of existing structures connected to the District's system facilities, where new construction or alteration is Attached to this Affidavit is a true made to change or increase the capacity, the fixture fees shell be calculated and paid to the District on and complete copy that was printed the new use and In the amounts as set forth in Section 6.04.070, less a credit amount for demol- and published on the following ished fixtures. Fee credit amounts shall be uni. formly calculated and shall only be applied when proof of the existing structure and the number of date( s): dates plmbini fixtures demolished Is provided to the - Section 2. Should any part, clause or section of this Ordinance be declared by any Court to competent jurisdiction to be Invalid, the remaining May 31, 2013 provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Casts Mesa Sanitary District of certify (or declare) under penalty of made a part of this Ordinance without the adoption of any portion thereof and that the Invalidity of perjury that the foregoing is true and any part or provision hereof shall not in any way affect the validity or enforcement of the remaining correct. trovisions of this Ordinance that may stand on Section S. Pursuant to Health and Safety Cade Sections 6490 and 6491.3, the Clerk shall cause this ordinance or a summary thereof to be Executed on June 07, 2013 at Costa published In a newspaper of general circulation printed and published in the District according to Mesa, California PASSED and ADOPTED this 23rd day of May, 2013 /a/ Art Perry /a/ Jim Ferrymen 'Secretaryy President Oi CALIFORNIA ) STATE COUNTY OF ORANGE )SS MESA �2 CITY COSTA ) 1. C SCOTT CARRELL, Clerk of the Costa Mesa _® Sanitary District, hereby certify that the above and SIf nature foregoing Ordinance No. 97 was duly and regularly by Board of Directors at y passed and adopted said a regular meeting thereof, held on the 23rd day of Me 2013 2013 by the following votes: AYES: President Ferryman, Directors Oaten, Pmry, 1 WHEREOF, I have hereunto s affixed the seal of the Costa trict, this 23rd day of May, 2013.