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HomeMy WebLinkAbout74-62 Tax Revenue' r{ ORDINANCE NO. 74-62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACCOMPLISHING A FUNCTIONAL CONSOLIDATION BETWEEN THE CITY OF COSTA MESA, A LOCAL AGENCY, AND THE COSTA MESA PARK AND RECREATION DISTRICT, A LOCAL AGENCY, FOR PURPOSES OF PROVIDING SUFFICIENT TAX REVENUE FOR THE OPERATION OF SAID DISTRICT WITHIN THE LIMITATIONS ESTABLISHED BY CHAPTER 3, ARTICLES 1 THROUGH 9, SECTIONS 2201 THROUGH AND INCLUDING 2326, REVENUE AND TAXATION CODE. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa finds and declares that the Costa Mesa Park and Recreation District was formed and exists under and by virtue of Divi- sion 5, Chapter 4, Articles 1 through 10, Sections 5780 through and including 5788.13, Public Resources Code. The City Council further finds and declares that the territory under the jurisdiction of and governed by the Costa Mesa Park and Recreation District was, until December 20, 1961, under the jurisdiction of the County of Orange. The City Council further finds and declares that on December 20, 1961, the Board of Supervisors of the County of Orange adopted Resolution No. 1314 which, pursuant to Section 5780.1, Public Resources Code, determined that all of the territory of the Costa Mesa Park and Recreation District was to be found within the geographical limits of the City of Costa Mesa; that pursuant to said section, the City Council of the City of Costa Mesa was designed as the supervising authority of the Costa Mesa Park and Recreation District; and that pursuant to Section 5784.18, Public Resources Code, the City Treasurer of the City of Costa Mesa was designated as the Treasurer of the Costa Mesa Park and Recreation District, and the County Auditor -Controller was ordered and directed to transfer to the City Treasurer of the City of Costa Mesa all monies of the Costa Mesa Park and Recreation District. The City Council further finds and declares that the City Council of the City of Costa Mesa is now the governing body and the City Treasurer of the City of Costa Mesa is now the Treasurer of the Costa Mesa Park and Recreation District, with full taxing authority and jurisdiction over the lands and monies of said District. The City Council of the City of Costa Mesa further finds and declares that in 1973 the Legislature of the State of California adopted Part 4, Chapter 3, Articles 1 through 9, Sections 2201 through and including 2326, Revenue and Taxation Code, relating to certain tax limitations imposed upon local agencies. The City Council further finds and declares that Article 8, Sections 2305 through and including 2309 of said Part 4, provide for a functional consolidation of local agencies where each is empowered to provide park and recrea- tion services. The City Council further finds and declares that the definition of local agency as set forth in Section 2211, Revenue and Taxation Code, includes cities and special districts, and that the Costa Mesa Park and Recreation District is a special district as defined by Section 2215, Revenue and Taxation Code. The City Council further finds and declares that both the City of Costa Mesa and the Costa Mesa Park and Recrea- tion District are empowered to provide park and recreation services. The City Council of the City of Costa Mesa further finds and declares that as a general law city duly incor- porated, and existing under and by virtue of the general laws of the State of California, and specifically as authorized in Section 37100, Government Code, it is empowered to enact ordinances not in conflict with the Constitution and laws of the State of California or the United States; that a functional consolidation between the City of Costa Mesa and the Costa Mesa Park and Recreation District is not in conflict with the Constitution and laws of the State or the United States, and is specifically authorized by Sections 2305 through and including 2309, Revenue and Taxation Code. The City Council of the City of Costa Mesa further finds and declares that the health, safety, and welfare of the community and the need for sufficient revenue for park and recreation purposes requires a functional consolidation between the City of Costa Mesa and the Costa Mesa Park and Recreation District. Accordingly, there is herewith adopted the following sections of the Costa Mesa Municipal Code: grrTTnN 9 - "Section _ "Section 1. The responsibility for providing park and recreation services currently provided for by the Costa Mesa Park and Recreation District is trans- ferred to the City of Costa Mesa, and the City of Costa Mesa by this Ordinance accepts the same. Section 2. The responsibility for levying a property tax rate within such area to pay for the cost of the park and recreation program provided for by the Costa Mesa Park and Recreation District is transferred to the City of Costa Mesa, and the City of Costa Mesa by this Ordinance accepts the same. Section 3. The tax rate as provided for in this Ordinance to be levied for the support of the park and recreation services, assumed by the City of Costa Mesa, be determined as provided for in Sections 2306 through and including 2309, Revenue and Taxation Code." SECTION 3. The tax levy provided for herein shall be effective for the fiscal year 1975-76, beginning July 1, 1975, and thereafter for each succeeding fiscal year. SECTION 4. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a newspaper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 25th day of November, 1974. Mayor of the City of Costa Mesa ATTEST: d-4 City Clerk of the City of Cos Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 74-62 was introduced and considered section by section at a regular meeting of said City Council held on the 19th day of Novem- ber, 1974, and thereafter passed and adopted as a whole at an adjourned meeting of said City Council held on the 25th day of November, 1974, by the following roll call vote: AYES: Council Members: Wilson, Hammett, Pinkley, Raciti, Hertzog NOES: Council Members: None ABSENT: Council Members: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 26th day of November, 1974. City Clerk and ex -officio Clerof the City Council of the City of C to Mesa