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HomeMy WebLinkAbout1978-05-04 - Resolution No. 78-31RESOLUTION NO. 7g-31 RESOLUTION OF BOARD OF DIRECTORS OF YORBA LINDA COUNTY WATER DISTRICT OR- DERING, CALLING, PROVIDING FOR, AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN IMPROVEMENT DISTRICT NO. 2 OF SAID COUNTY WATER DISTRICT ON TUESDAY, JUNE 13, 1978, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID IMPROVEMENT DISTRICT A PROPOSI- TION TO INCUR BONDED INDEBTEDNESS BY SAID COUNTY WATER DISTRICT FOR A CER- TAIN DISTRICT IMPROVEMENT The Board of Directors of YORBA LINDA COUNTY WATER DIS- TRICT DOES HEREBY RESOLVE, DETERMINE and ORDER as follows: SECTION 1. That this Board deems it necessary that Improvement District No. 2 of Yorba Linda County Water Dis- trict incur a bonded indebtedness in the principal sum of $41,660,000 for the purpose of the acquisition and con- struction of works and facilities useful or necessary to convey, supply, store or make use of water, including all land, easements, rights of way and other property necessary therefor, and including all engineering, inspection, legal and fiscal agent's fees, costs of the bond election and of the issuance of bonds, and bond interest estimated to accrue during the construction period and for a period not to ex- ceed twelve months after the completion of construction, and all costs and estimated costs incidental to or connected with such acquisition, construction or financing of said fa- cilities. SECTION 2. That, following a hearing thereon as by law provided, this Board has heretofore determined, and does hereby determine and state, that only a portion of said -1- County Water District will be benefited by the accomplish- ment of the purpose stated and by incurring said bonded indebtedness, which portion so benefited constitutes and is known as "Improvement District No. 2 of Yorba Linda County Water District" and is that portion of said Yorba Linda County Water District more particularly described in Exhibit "A" to this resolution and lying within an exterior boundary line described as follows: That certain area of land known as the Bryant Ranch which is located solely within the boundaries of Orange County. Excluded from this property is all land lying southerly of the centerline of the Santa Ana River. The above described parcel of land con- tains 3331 acres, more or less. SECTION 3. That the amount of bonded indebtedness pro- posed to be incurred for said purpose is $41,660,000; that the maximum term the bonds to be issued shall run before maturity shall be the maximum term permitted by law, to wit: forty (40) years from the date thereof, but said bonds may be made to mature within a lesser number of years; that the maximum rate of interest to be paid on said indebtedness shall not exceed the maximum rate permitted by law, to wit: eight percent (8%) per annum, payable semiannually except that interest for the first year may be payable at the end of said year, the actual rate or rates of interest on said bonds to be determined at or prior to the time of the sale or sales thereof. SECTION 4. That a special election be held, and the same is hereby called to be held, in said Improvement Dis- trict No. 2 of Yorba Linda County Water District on the 13th day of June, 1978, for the purpose of submitting to the -2- qualified voters of said improvement district the proposi- tion of incurring the said indebtedness and issuing bonds of said County Water District therefor, in the amount herein- above set forth, and for the purpose hereinabove stated. That if the proposition for the incurring of said indebtedness so submitted receives the requisite number of votes, to wit: more than two-thirds of the votes of the qualified voters on said proposition, bonds of said County Water district not exceeding the principal amount herein- above set forth shall be issued and sold for the purpose hereinabove set forth. Said bonds will be bonds of said Yorba Linda County Water District; but any taxes levied to pay the principal and interest of said bonds will be levied only upon the taxable property within that portion of said District which constitutes said Improvement District No. 2 of Yorba Linda County Water District, all as provided in the County Water District Law. SECTION 5. That on the ballots to be used at said spe- cial election, in addition to any other matters required by law, there shall be printed substantially the following: MARK CROSS ON BALLOT ONLY WITH RUBBER STAMP; NEVER WITH PEN OR PENCIL. ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.) INSTRUCTIONS TO VOTERS To vote on any measure, stamp a cross in the voting square after the word "YES" or after the word "NO". All marks except the cross are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the inspec- tor of election and obtain another. On absentee voter ballots mark a cross with pen or pencil. -3- BOND PROPOSITION: Shall the Yorba Linda County Water District in- cur a bonded indebtedness for Im- provement District No. 2 thereof in the sum of $ 41,660,000 for the pur- pose of the acquisition and construc- tion of works and facilities useful or necessary to convey, supply, store or make use of water, including all land, easements, rights of way and other property necessary therefor, and including all engineering, in- spection, legal and fiscal agent's fees, costs of the bond election and of the issuance of bonds, and bond interest estimated to accrue during the construction period and for a period not to exceed twelve months after the completion of construction, and all costs and estimated costs incidental to or connected with such acquisition, construction or financ- ing of said facilities? 0 SECTION 6. That a cross placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the question or proposition. A cross placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the question or proposition. SECTION 7. That for the purpose of holding said elec- tion in Improvement District No. 2 of Yorba Linda County Water District there shall be and are hereby established one (1) voting precinct designated VOTING PRECINCT 1 which shall consist of regular county election precincts numbers being all or a portion or portions of one or more regular election precincts lying within the boundaries of said Improvement District as such regular election precincts are now estab- lished in the County of Orange for the holding of state and county elections. -4- This Board finds and determines that there are less than three hundred (300) persons eligible to vote in said precinct and therefore pursuant to Sections 22032, 23511.1 and 1005 of the Elections Code of the State of California, this Board declares that there will be no polling place and that the qualified voters shall vote by absent voter ballots. SECTION 8. That in all particulars not recited in this resolution said election shall be held and conducted in the same manner as provided by law in respect to general water district elections so far as applicable except as provided in Chapter 2, Part 6, Division 12 of the Water Code of the State of California. SECTION 9. That this Board of Directors will meet on Monday, June 19, 1978, for the purpose of commencing canvass of the election returns. SECTION 10. That notice of said election shall be given by the Secretary of this Board of Directors, in the form and manner provided by law, by publication of a Notice of Election once a week for two (2) successive weeks prior to the election in The YORBA LINDA STAR, a newspaper of general circulation printed and published in said District. No other notice of said election need be given. ADOPTED, SIGNED and APPROVED this 4th day of May, 1978. S / M. Roy Knauft Jr. President of Yorba Linda County Water District and of the Board (SEAL) of Directors thereof. ATTEST: S/ Charlotte Thomas Assistant Secretary of Yorba Linda County Water District and of the Board of Directors thereof. -5- STATE OF CALIFORNIA ) OFFICE OF THE SECRETARY ) ss. I, CHARLOTTE THOMAS, Assistant Secretary of the Board of Directors of Yorba Linda County Water District, do hereby certify that the foregoing resolution was duly adopted by the Board of Directors of said District at an adjourned regular meeting of said Board duly held on the 4th day of May, 1978, and that it was so adopted by the following vote: AYES: DIRECTORS Knauft, Li ndow, Clodt and Cromwell NOES: DIRECTORS None ABSENT: DIRECTORS Korn S/ Charlotte Thomas Assistant Secretary of Yorba Linda County Water District and of the Board of Directors thereof (SEAL) -6- STATE OF CALIFORNIA ) 1 ss. COUNTY OF ORANGE ) I, CHARLOTTE THOMAS, Assistant Secretary of the Board of Directors of YORBA LINDA COUNTY WATER DISTRICT, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 78-31 of said Board, and that the same has not been amended or repealed. Dated this 4th day of May, 1978. S/ Charlotte Thomas Assistant Secretary of Yorba Linda County Water District and of the Board of Directors thereof (SEAL) April 18, 1978 No 0 IMPROVE LENT DISTRICT rio. 2 TO YORBA LINDA COUNTY WATER DISTRICT Those parcels of land contained in T3S, R8W, S.B.M. and T3S, R9W, S.B.M. situated in the County of Orange, State of California, and more particularly described as follows: Page 1 of 2 JM 4 4/78 Beginning at the most southeasterly corner of Parcel "2" of Annexation No. 78-1 to the Yorba Linda Counl-y Water District, said point being the intersection of the easterly boundary line of the 2,002.23 acre tract of Second Class land allotted to B. and J. Yorba in Decree of Partition in Case No. 1978 with the Bixby, Irvine Scully compromise line as shown on a map filed in Book 21, Page 21, of Records of Survey of said orange County; thence, in a general south- westerly, westerly, and northwesterly direction along the southerly boundary line of said Parcel "2" of Annexation No. 78-1 to a point in the westerly line of the Kalisher and Wartenberg allotment as shown on a map recorded in Book 34, Page 29, of Records of Survey of said County; thence, along said westerly line North 0122'16" East, 5,889.33 feet; thence, leaving said westerly line South 89°37'44" East, 528.42 feet; thence, North 0122'16" East, 300.00 feet: thence, North 89°37'44" West, 528.42 feet, returning to the aforementioned westerly line; thence, continuing along said westerly line, North 0°22'16" East,3,060.71 feet to a point in the northerly boundary line of the Rancho Canon de Santa Ana, as described in the Final Decree of Partition, a certified copy of which was recorded February 8, 1874 in Book 28, Page 158, of Deeds, Records of Los Angeles County, California; thence, along said Rancho boundary line, South 89°07'06" East, 4,079.58 feet to an angle point in said boundary line; thence, North 0°25'40" East, 2,650.00 feet to a point in the Orange County - San Bernardino County boundary line, said County boundary line also being the easterly boundary line of aforementioned Parcel "2" of Annexation No. 78-1; thence, along said county boundary line South 52136'06" East, 16,78C feet more or less, to a point in the aforementioned easterly boundary line of the 2,002.23 acre tract of Second Class land allotted to B. and J. Yorba; thence, along said easterly line, due South 2,280.00 feet to the point of beginning. w Page 2 of 2 JMM 4/78 IMPROVEMENT DISTRICT NO. 2 TO YORBA LINDA COUNTY WATER DISTRICT EXCEPTING THEREFROM: That portion of land described as Exception "A" in aforementioned Parcel "2" in Annexation No. 78-1. Also EXCEPTING THEREFROM: Those portions of land lying northerly of the centerline of the Santa Ana River contained within the-following described Documents: Parcel No. G.A. 519-2.01, as recorded in Book 8754, Pages 111 through 113 of Official Records of Orange County, California: AND Parcels 47286-1, 47286-2, and 47286-3 as recorded in Book 9266, Pages 326 through 335 of Official Records of Orange County, California: AND Parcels 68969-1, and 68969-2 as recorded in Book 12117, Pages 91 through 104 of official Records of Orange County, California. The above described Improvement District No. 2 contains 3,233 acres, more or less.