HomeMy WebLinkAbout74-64 Revenue and Taxation Coder,
ORDINANCE NO. 74-64
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA ACCOMPLISHING A
GOVERNMENTAL REORGANIZATION OF 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
Division 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
7, Sections 2295 through and including 2299 of said Part 4,
provide for a governmental reorganization of local agencies
where each is empowered to provide park and recreation
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 incorpor-
ated, 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 govern-
mental reorganization of 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 2295
through and including 2299, 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 governmental reorganiza-
tion of 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:
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"Section 1. The Costa Mesa Park and Recreation
District is consolidated with the City of Costa Mesa,
and the City of Costa Mesa, as the surviving local
agency, has all the powers and duties relating to park
and recreation services, formerly exercised by the
Costa Mesa Park and Recreation District, in addition to
those powers and duties the City may already possess.
Section 2. The responsibility for levying a pro-
perty tax rate to provide for the cost of park and
recreation services provided for prior to consolidation
by the Costa Mesa Park and Recreation District is the
responsibility of the surviving local agency, the City
of Costa Mesa.
Section 3. The tax rate as provided for in this
Ordinance to be levied for the support of the park and
recreation services being the responsibility of the
surviving local agency, the City of Costa Mesa, shall
be determined as provided for in Sections 2296 through
and including 2299, 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 year. The consol-
idation of the City of Costa Mesa and the Costa Mesa Park
and Recreation District shall be effective upon the adoption
of this Ordinance.
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.
ATTEST:
WNW
Mayor of the City of Costa Mesa
City Clerk of the City of Cq�ta Mesa
STATE OF CALIFORNIA ) U
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. 74-64 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.
(Flo"�
City Clerk and ex -officio Cle of the
City Council of the City of sta Mesa