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HomeMy WebLinkAbout68-23 - Petitioning for Change of Organization of Sanitary Districtl2 RESOLUTION N0. 68-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PETITIONING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE CHANGE OF ORGANIZATION AND CON- SOLIDATION OF THE COSTA MESA SANITARY DISTRICT WITH THE CITY OF COSTA MESA. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: A. That this application to the Local Agency Formation Comission is made pursuant to Title 6, Division 1, Part 2, Section 56195, et seq. of the Government Code which is popularly known as the District Reorganization Actof 1965. B. That the nature of the proposed consolidation and reorganization will result in the formation of a parent district which shall encompass all of the Costa Mesa Sanitary District within the territorial limits of the City of Costa Mesa. That that portion of the Costa Mesa Sanitary District now within the terri- torial limits of the County of Orange and outside the territorial limits of the City of Costa Mesa shall be designated as Costa Mesa Sanitary District, Sub- sidiary No. 1. That that portion of the Costa Mesa Sanitary District now within the terri- torial limits of the City of Newport Beach shall be designated as Costa Mesa Sanitary District, Subsidiary No. 2. That the districts affected will be the Costa Mesa Sanitary District, Sanitation District No. 6, Sanitation District No. 7, City of Newport Beach, and the County of Orange. C. That subsection (c) of Section 56140 of the Government Code is not applicable �o this petition. D. That the Costa Mesa Sanitary District was formed, operates, and exists under and by virtue of the Sanitary District Act of 1923 found in Division 6, Part 1 of the Health and Safety Code. That there is attached hereto marked Exhibit "A" and by this specific reference made a part hereof, a map and legal description of that portion of the district which shall be wholly within the territorial limits of the City of Costa Mesa. That there is attached hereto marked Exhibit "B" and by this specific reference made a part hereof, a map and legal description of that portion of the district which shall be wholly within the territorial limits of the County of Orange. That there is attached hereto marked Exhibit "C" and by this specific refer- ence made a part hereof, a map and legal description of the portion of the dis- trict which shall be wholly within the territorial limits of the City of Newport Beach. E. That the terms and conditions of said annexation are, among others, as follows: ■■ 1. The special assessment district that is now being formed by the Costa J Mesa Sanitary District for the purpose of eliminating the payment for services not rendered shall be pursued and completed by the City of Costa Mesa in a diligent manner until completed or until legally prohibited, and that the City take whatever steps are available under the law to eliminate any and all double taxation for either trash collection or sewer maintenance and operation throughout the district. 2. That the present membership of the Board be retained as the governing board of any portion of the district now within the territorial limits of the City of Newport Beach and that a budget be maintained by this Board and the City of Costa Mesa to continue to operate this subsidiary district under contract, it being the intention of the Board that the boundaries of the district ultimately align with those of the City of Costa Mesa and the City of Newport Beach. 3. That the current trash collection contract with Orco Disposal be extended to the year 1973 with the same terms and conditions as now exist, with the provision that any portion of the district ultimately transferred to the City of Newport Beach be eliminated from Orco Disposal's contract. 4. That the Board of Directors of the Costa Mesa Sanitary District, Subsidiary Number 3, commence negotiations and diligently pursue the same to the end that that portion of the district now within the City of Newport Beach be transferred to the City of Newport Beach as soon as financial arrangements are made and connecting facilities can be completed. 5. That that portion of the district now within the County of Orange be relinquished to whatever city may eventually annex said territory on financial terms and conditions as shall be mutually agreeable to the City of Costa Mesa and said annexing city. 6. That the City of Costa Mesa commence and proceed diligently negotiations with the Sanitation District No. 6 for the eventual detachment of all territory in said district within the City of Costa Mesa and annex to the parent district within the territorial limits of the City of Costa Mesa. That said negotiations commence and continue until approved by the Local Agency Formation Commission or found practically or legally unfeasible by the Local Agency Formation Commission. F. That the reasons for said application are to: 1. Eliminate double taxation for sewer maintenance and operation and trash collection within that portion of the district now within the terri- tory limits of the City of Newport Beach. 2. To conform boundaries of districts and cities. 3. To eliminate tax charges and collections for services not now being supplied to taxpayers. 4. To reduce the overhead of operations by consolidation of services of operation under a contract now existing between the City of Costa Mesa as operator for and on behalf of the Costa Mesa Sanitary District. 5. That for the further purpose and reason that the consolidation of the Costa Mesa Sanitary District with the City of Costa Mesa is for general relief of the taxpayers, the improvement of efficient management, and to generally provide for the health, safety, and welfare of the taxpayers and citizens within the City and district. G. That subsection (g) of Section 56140 of the Government Code is not applicable to this application. H. That the City of Costa Mesa respectfully requests that proceedings be taken for the change and reorganization proposed herein. APPROVED AND ADOPTED this 18th day of March, 1968. ATTEST: Mayor of the Ci" Costa Mesa 4 City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 68-23 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 18th day of March, 1968. IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of March, 1968. ��� City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa i j