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Home My WebLink About75-66 Providing Sufficient Tax Revenue Regarding Governmental ReorganizationORDINANCE NO. 75-66 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ACCOMPLISHING A FUNC- TIONAL CONDOLIDATION AND A GOVERNMENTAL REORGANIZATION OF THE CITY OF COSTA MESA, A LOCAL AGENCY, AND THE COSTA MESA STREET LIGHTING ENERGY AND MAINTENANCE DISTRICT, A LOCAL AGENCY, FOR PURPOSES OF PROVIDING SUFFICIENT TAX REVENUE FOR THE OPERATION OF SAID DISTRICT; INCREASING ADMINISTRATIVE EFFICIENCY; AND SIMPLIFYING LEVYING AND COLLECTING PROPERTY TAXES WITHIN THE LIMI- TATIONS ESTABLISHED BY CHAPTER 3, ARTICLE 1 THROUGH 9, SECTIONS 2201 THROUGH AND IN- CLUDING 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 the 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 15, 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 7, Sections 2295 through and including 2299 of said Part 4, provides for a governmental reorganization of local agencies where each is empowered to provide street lighting installation and maintenance 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 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 aurhorized 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 and a governmental reorganization of 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 Section 2295 through and including 2299, Revenue and Taxation Code, and Sections 2305 including 2299, Revenue and Taxation Code. The City Council of the City of Costa Mesa further finds and declares: that the property tax rate imposed during the 1971-72 and 1972-73 were not sufficient to pay the cost of providing street lighting services; that these property tax rates became the maximum property tax rate limits per Section 2263 0£ the Revenue and Taxation Code; that increases in the cost of energy supplied by the Southern California Edison Company have made it impossible to maintain the current level of street lighting service within the property tax revenue provided by the maximum property tax rate limit; that unless additional property tax revenues are provided, the current level of street lighting service must be reduced; and that the health, safety and welfare of the community will be adversely affected by a reduction in the level of street lighting service. Accordingly, there is herewith adopted the following sections of the Costa Mesa Municipal Code: SECTION 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. effective for th 1976, and therea SECTION 4. adopted pursuant The reasons The tax levy provided for herein shall be fiscal year 1976-77 beginning July 1, Fter for each succeeding fiscal year. This ordinance is an urgency ordinance to Section 36934 Government Code. 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, 1977 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 PrM day of t)(w..,._La_ , 1975. �( , : '6e . r -e,- M—A the City or Costa Mesa ATTEST: I 4)j"' 14. W. City Clerk o the ity of Costa Mesa APPR ED �S TO FORM ITY ATTO EY 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. 75-'66 was introduced and considered section by section at a regular meeting of said City Council held on the )5Th day of Deca. 6, e , 1975 and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 15n` day of Tam y jos, , 1975 by the following roll call vote: AYES: COUNCIL MEMBERS: P'"Jz, 1-l�.,,.,Q.ct� Wd.,,, (:a6u? ae tr " NOES: COUNCIL MEMBERS: &'a, ABSENT: COUNCIL MEMBERS: Nb hs. IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this )6^' day of 1975. COY CLERK and ex -officio Cie of the CITY COUNCIL of the CI Y OF COSTA MESA By: /OaX.2 z W Deputy City Clerk of the City of Costa Mesa