HomeMy WebLinkAbout75-65 Consolidation of Recreation and Park District, and Street Lighting Maintenance DistrictORDINANCE NO. 754V
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA ACCOMPLISHING A
FUNCTIONAL CONSOLIDATION AND A GOVERN-
MENTAL REORGANIZATION OF THE CITY OF
COSTA MESA, A LOCAL AGENCY, AND THE COSTA
MESA PARK AND RECREATION DISTRICT, A
LOCAL AGENCY, FOR PURPOSES OF INCREASING
ADMINISTRATIVE EFFICIENCY AND SIMPLIFYING
LEVYING AND COLLECTING PROPERTY TAXES
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 Dsitrict;
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.
Ji
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 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 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 incor-
porated, and existing under and by virtue of the general
laws of the State of California, and specifically as autho-
rized 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 and a governmental reorganization
of the City of Costa Mesa and the Costa Mesa Park and Recre-
ation 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 increasing administrative
efficiency and simplifying the levying and collecting of
property taxes requires a functional consolidation and a
governmental reorganization 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:
CPITTII TI O
"Section 1. The responsibility for providing park
and recreation services currently 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 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 1976-77, beginning July 1,
1976, and thereafter for each succeeding fiscal year.
SECTION 4. This ordinance is an urgency ordinance
adopted pursuant to Section 36934 Government Code.
The reasons for the urgency are that deadlines estab-
lished by the California Legislature require the adoption of
this ordinance prior to January 1, 1976 in order to make the
steps taken herein effective for the 1976-1977 fiscal year.
Unless adopted as an urgency ordinance its effective
date will not meet the January 1, 1971+deadline.
SECTION 5. Any Ordinances in conflict herewith are
hereby repealed.
SECTION 6. This ordinance shall take effect and be in
full force and effect immediately 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 pub-
lished 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 15day of f V_C& " ,
1975.
MAYOR the City 01 costa mesa
ATTEST:
n-�
City Clerk of the City
Costa Mesa
APPR VED CAS TO FORM
QTYATTORNEY
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. -7!5-G57 was introduced
and considered section by section at a regular meeting of said
City Council held on the p5tl day of L)eca..,.6.z,e.. 1975 and
thereafter passed and adopted as a whole at a regular meeting
of said City Council held on the /5t*' day of >
1975 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS: Nano..
ABSENT: COUNCIL MEMBERS: Namx-
IN WITNESS WHEREOF, I have hereby set my hand and affixed
the Seal of the City of Costa Mesa this 16A day of bace..."a ,
1975.
CI Y CLERK and ex -officio Cle
of the CITY COUNCIL of the CITY
OF COSTA MESA
By: 4, d. b) 1 --
Deputy City Clerk of the City of
Costa Mesa