HomeMy WebLinkAbout1972-05-25 - Resolution No. 221RESOLUTION NO. 221
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
YORBA LINDA COUNTY WATER DISTRICT, YORBA
LINDA, CALIFORNIA, DECLARING ITS INTENTION
TO ORDER THE CONSTRUCTION OF SANITARY SEWERS
AND APPURTENANCES AND ALL APPURTENANT WORK
IN "ASSESSMENT NO. 72-1" IN THE YORBA LINDA
COUNTY WATER DISTRICT; DECLARING THE WORK
AND IMPROVEMENT TO BE MORE THAN LOCAL OR
ORDINARY PUBLIC BENEFIT, AND DESCRIBING THE
DISTRICT TO BE BENEFITED BY SAID WORK AND
IMPROVEMENT AND TO PAY THE COSTS AND
EXPENSES THEREOF; AND FIXING THE TIME AND
PLACE FOR THE HEARING OF OBJECTIONS TO SAID
WORK AND IMPROVEMENT.
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WHEREAS, the Board of Directors of the Yorba Linda
County Water District, Yorba Linda, California, proposes to
take proceedings pursuant to the provisions of the "Improvement
Act of 1911," being Division 7 of the Streets and Highways Code
of the State of California, for the construction of certain
sanitary sewer work; and
WHEREAS, all of the owners of more than sixty (60) per
cent in area of the property subject to assessment for said pro-
posed sanitary sewer work have signed and filed with the secre-
tary of the Board of Directors a written petition for said
improvements and a waiver of the proceedings under the Special
Assessment, Investigation, Limitation and Majority Protest Act
of 1931;
NOW, THEREFORE, the Board of Directors of the Yorba
Linda County Water District DOES HEREBY RESOLVE, DETERMINE and
ORDER as follows:
Section 1. That the public interest and convenience
require, and it is the intention of the Board of Directors of
the Yorba Linda County Water District to order the following
work to be done or improvement to be made in the Yorba Linda
County Water District, to wit:
The construction of sanitary sewers and appurtenances
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and all appurtenant work in
MOUNTAIN VIEW AVENUE
between Orchard Drive and the southeasterly terminus thereof;
in
STRADELLA AVENUE
between Mountain View Avenue and the southerly terminus thereof;
in
TRINO CIRCLE
and in
THAT CERTAIN EASEMENT
on Lots 28 and 29 of Tract 3182, Book 103, Pages 26, 27 and 28
in the office of the County Recorder, County of Orange.
That details for the construction of all the above-
described work are shown in the plans on file in the office
of the General Manager of the Yorba Linda County Water District.
Section 2. That all of the said work and improvement
to be done as described in Section 1 of this Resolution shall be
constructed upon the grades, along the lines, between the points,
of the dimensions, at the places and in the manner shown on the
plans, profiles and drawings for the construction of the said
work and improvement in "Assessment District No. 72-1" for the
Yorba Linda County Water District consisting of four (4) sheets,
numbered 1 to 4 inclusive, and identified as "Plans for Sewer
Improvement Assessment District No. 72-1, Yorba Linda County
Water District," all of which plans are on file in the office
of the General Manager, and except as otherwise provided on
said plans, in further accordance with the specifications for
the construction of said work and improvement, and identified
as "Specifications Sewer Assessment District No. 72-1, Yorba
Linda County Water District" being on file in the office of the
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General Manager of this District, and to which plans, profiles,
drawings and specifications, heretofore approved by the Board
of Directors of this District, reference is hereby made for a
further, full and more particular description of said work.
That work and grades shall be in accordance with the
grades as shown on said plans, profiles and drawings hereinabove
mentioned, which said grades may be different from the grades
heretofore existing, established or adopted.
That all of the easements and rights-of-way for public
sewer purposes hereinabove described are shown upon the said
plans, profiles and drawings hereinabove described.
Section 3. That the said easements and right-of-way
necessary for the said contemplated work and improvement, as
aforesaid, and the said contemplated work and improvement as
aforesaid, are of more than local or ordinary public benefit
and the said Board of Directors hereby makes the expenses of
said work and improvement chargeable upon a district, which
said district the Board of Directors hereby declares to be the
district benefited by said work and improvement and to be asses-
sed to pay the costs and expenses thereof, including incidental
expenses and costs, and which district is described as follows:
All that certain territory situated in the
Yorba Linda County Water District, County of Orange,
State of California, included within the exterior
boundary lines shown on the map exhibiting the pro-
perty affected or benefited by or to be assessed to
pay the costs and expenses of said work and improve-
ment in said "Assessment District No. 72-1" in said
District, which said map is titled and identified as
"Sewer Assessment District No. 72-1 Proposed Assess-
ment District Boundary" and consists of one sheet.
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Which said map was heretofore approved by the
Board of Directors of said District at the time
of the approval of the Plans as aforesaid, and
which said map or diagram is on file in the office
of the District, EXCEPTING from the area shown
within and delineated upon said map hereinabove
referred to, the area of all public streets, pub-
lic avenues, public lanes, public roads, public
drives, public courts, public alleys and all
easements and rights-of-way therein contained
belonging to the public, and all such property
above mentioned and described as being excepted
from the area shall be omitted from the assessment
hereinafter to be made to cover the costs and ex-
penses of such acquisition, work and improvement.
Section 4. That serial bonds, bearing interest at the
rate of seven percent (7%) per annum, shall be issued to repre-
sent each assessment of Fifty Dollars ($50.00) or more remaining
unpaid at the expiration of the last date fixed for payment of
assessment in the notice to property owners mailed pursuant to
the provisions of the Improvement Act of 1911. Said serial
bonds shall extend over a period ending nine (9) years from the
second day of January next succeeding the next September 1st
following their date. Payments on the principal of unpaid
assessments and interest thereon shall be made by property owners
to the Yorba Linda County Water District Treasurer, and the same
shall be disbursed by said District Treasurer, all as provided
in the Improvement Act of 1911. Said bonds shall provide that
redemption may be made by payment of the amount then unpaid on
the principal sum thereof, with interest thereon calculated up
to the date of the next maturity interest coupon, and all
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penalties accrued and unpaid, together with a premium of five
percent (5%) of said unmatured principal. The Board of Direc-
tors elects to have the Treasurer retain the first one percent
(1%) penalty for any delinquency as a cost of servicing the de-
linquency as provided in Section 6442 of the Streets and High-
ways Code.
Section 5. That the estimated costs and expenses of
said acquisition, work and improvement, including the incidental
expenses are the sum of Fifty three thousand six hundred _
Dollars 53,600.00).
Section 6. Notice is hereby given that on the 22nd day
of June, 1972, at the hour of 9:00 o'clock a.m., in the office
of the Yorba Linda County Water District, 4622 Plumosa Drive,
Yorba Linda, California, any and all persons having any objections
to the proposed work or improvement, or to the extent of the asses-
sment district, or to the proposed grades, may appear and show
cause why said work should not be done or carried out in accord-
ance with this Resolution of Intention. Protests must be in
writing and must contain a description of the property in which
each signer thereof is interested, sufficient to identify the
same, and must be delivered to the District Secretary of the
said Yorba Linda County Water District prior to the time set
for the hearing, and no other protests or objections will be con-
sidered. If the signer of any protest is not shown upon the
last equalized assessment roll of Orange County as the owner of
the property described in the protest, then such protest must
contain or be accompanied by written evidence that such signer
is the owner of the property so described.
Section 7. That all of the work herein proposed shall
be done and carried through in pursuance of an Act of the Legis-
lature of the State of California, designated as the "Improvement
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Act of 1911," being Division 7 of the Streets and Highways Code
of the State of California.
Section 8. That these proceedings have been instituted
by a written Petition in accordance with Section 2804 of the
Streets and Highways Code.
Section 9. Pursuant to the provisions and the authority
granted by the Improvement Act of 1911, the Board of Directors of
the Yorba Linda County Water District do hereby determine and
declare that, in the opinion of this Board of Directors, the
public interest will not be served by allowing the property owners
to take the contract and the property owners will not be allowed
or permitted to take the contract. The Board of Directors of
said Yorba Linda County Water District further hereby determine
and declare that the contractor to whom the contract is awarded
may sign said contract immediately upon the
and must execute said contract and file the
said Yorba Linda County Water District with
days after the date of first publication of
contract.
Section 10. That the Yorba Linda
award of the contract
required bonds with
in twenty-five (25)
notice of award of
Star, a newspaper
printed, published and of general circulation in the Yorba Linda
County Water District, Yorba Linda, California, is hereby desig-
nated as the newspaper in which this Resolution of Intention
shall be published by the District Secretary, in the manner and
form provided by law, and for making all other publications in
the proceedings under this Resolution of Intention, unless other-
wise provided.
The District Secretary is directed to mail no
the adoption of this Resolution of Intention, postage p
to all persons owning real property which is proposed t
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assessed, whose names and addresses appear on the last equalized
assessment roll for District taxes, or as known to the District
Secretary, including the mailing of such notices to every owner
of property assessed by the State under Section 14 of Article
XIII of the Constitution of the State of California at the
address thereof shown on the last board roll transmitted to the
County Auditor all in the manner and form provided under said
Improvement Act of 1911.
Section 11. That the General Manager is hereby directed
to cause to be conspicuously posted along the line of said contem-
plated work or improvement and along all open streets within the
district liable to be assessed for said acquisition and work,
notices of the passage of this Resolution of Intention in the
time, form and manner provided by law.
Section 12. That the District Secretary is directed to
endorse on the original and on at least one copy of the map or
plat of the assessment district as referred to in Section 4
hereof his certificate evidencing the date and adoption of this
Resolution of Intention, and he is further directed to file the
original of such map or plat in his office, and within fifteen
(15) days after the adoption of this resolution and in no event
later than fifteen (15) days prior to the date of hearing as
provided in Section 7 hereof, he is further directed to file a
copy of said map or plat, with his endorsement thereon, with
the County Recorder of Orange County, California, all in the
manner and form provided by law.
ADOPTED, SIGNED AND APPROVED this 25th day of May,
1972.
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(SEAL)
ATTEST :
a l-l 2
Sectary of Yorba
Water District and
Directors thereof.
Water District and of
of Directors thereof.
Linda County
of the Board of
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STATE OF CALIFORNIA
) ss.
COUNTY OF ORANGE )
I, Jean E. Mathews, Secretary of the Board of Directors
of the Yorba Linda County Water District, do hereby certify that
the foregoing resolution was duly adopted by the Board of Direc-
tors of said District at a regular meeting of said Board duly
held on the 25th day of May, 1972, and that it was so adopted by
the following vote:
AYES: DIRECTORS McGuire, Hastings, C1odt, Knauft
NOES: DIRECTORS None
ABSENT: DIRECTORS Wagner
Secaqe(ary of the Yorba Linda County
WatDistrict and of the Board of
Directors thereof.
(SEAL)
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