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HomeMy WebLinkAbout74-63 Revenue and Taxation CodeORDINANCE NO. 74-63 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACCOMPLISHING A FUNC- TIONAL CONSOLIDATION BETWEEN THE CITY OF COSTA MESA, A LOCAL AGENCY, AND THE COSTA MESA STREET LIGHTING ENERGY AND MAINTE- NANCE 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 hereby finds and declares that from June 29, 1953, the incorporation date of the City of Costa Mesa, to July 18, 1960, street lighting services in the City of Costa Mesa were provided through contract between the City of Costa Mesa and Southern California Edison Company. The City Council further finds and declares that on June 6, 1960, the City Council of the City of Costa Mesa passed a Resolution of Intention to form a street lighting district under the Street Lighting Act of 1919, being Resolution No. 740; that thereafter and after having fol- lowed the steps required, the City Council of the City of Costa Mesa passed Resolution No. 762 on July 18, 1960, creating the Costa Mesa Street Lighting Energy and Mainte- nance District. The City Council of the City of Costa Mesa further finds and declares that the Costa Mesa Street Lighting Energy and Maintenance District was duly formed and now exists pursuant to Division 14, Part 1, Chapters 1 through 10, Sections 18000 through and including 18193, Streets and Highways Code. 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 street lighting installa- tion and maintenance 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 Street Lighting Energy and Maintenance 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 Street Lighting Energy and Maintenance District are empowered to provide street lighting installation and maintenance 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 and the United States; that a func- tional consolidation between the City of Costa Mesa and the Costa Mesa Street Lighting Energy and Maintenance 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 Taxa- tion 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 street lighting purposes requires a functional consolidation between the City of Costa Mesa and the Costa Mesa Street Lighting Energy and Maintenance District. Accordingly, there is herewith adopted the following sections of the Costa Mesa Municipal Code: gRrTTnM 2 "Section 1. The responsibility for providing street lighting services currently provided for by the Costa Mesa Street Lighting Energy and Maintenance District is transferred 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 street lighting program provided for by the Costa Mesa Street Lighting Energy and Maintenance 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 street lighting services assumed by the City of Costa Mesa, shall 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 1975-1976 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. s ff W "W -W Mayor of the ity of Costa Mesa ATTEST: 4,J City Clerk of the City of Co 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. 74-63 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 Clerk o4Tthe City Council of the City of Cost Mesa