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HomeMy WebLinkAbout1972-09-28 - Resolution No. 236RESOLUTION NO. :2_ (o 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. 72-2" 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. WHEREAS, the Board of Directors of the Yorba Linda County Water District, Yorba Linda, California, proposes to take pro- ceedings 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 percent (60%) in area of the property subject to assessment for said proposed sanitary sewer work have signed and filed with the secretary 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 re- quire, 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 and all appurtenant work in LOIE STREET from a point approximately 125 feet from the center line of Rose Avenue to the end of Loie Street, and in AN EASEMENT across the northwesterly portion of Lot 9, Tract No. 1132, as shown on a map recorded in Book 128, Pages 35 and 36 of Miscellaneous Maps, Records of Orange County, California. 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 Dis- trict. 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. 72-2" for the Yorba Linda County Water District consisting of two (2) sheets, numbered 1 to 2 inclusive, and identified as "Improvement Plans for Sewer Assessment District No. 72-2," 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. 72-2, Yorba Linda County Water District" being on file in the office of the General Manager of this District, and to which plans, profiles, drawings and - 2 - 0 1 . 0 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 herein- above 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. Sectiop 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 assessed 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 property affected or benefited by or to be as- sessed to pay the costs and expenses of said work and improvement in said "Assessment District No. 72-2" in said "Proposed Sewer Assessment District in the Yorba Linda County Water District, Assessment - 3 - District No. 72-2" and consists of one sheet. 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 herein- above referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys and all ease- ments and rights-of-way therein contained belong- ing to the public, and all such property above mentioned and described as being excepted from the area shall be omitted from the assessment herein- after to be made to cover the costs and expenses of such acquisition, work and improvement. Segtiop 4. That serial bonds, bearing interest at the rate of seven percent (7%) per annum, shall be issued to rep- resent each assessment of Fifty Dollars ($50.00) or more re- maining 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 lst 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 - 4 - • , . • 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 penalties accrued and unpaid, together with a premium of five percent (50) of said unmatured principal. The Board of Directors elects to have the Treasurer retain the first one percent (1%) penalty for any delinquency as a cost of servicing the delinquency as provided in Section 6442 of the Streets and Highways Code. Section 5. That the estimated costs and expenses of said acquisition, work and improvement, including the incidental expenses are the sum of Twenty Thousand One Hundred Sixty Dollars ($20,160). Section 6. Notice is hereby given that on the 26th day of October, 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 ex- tent of the assessment district, or to the proposed grades, may appear and show cause why said work should not be done or carried out in accordance 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, suf- ficient to identify the same, and must be delivered to the District Secretary of the said Yorba Linda County Water Dis- trict prior to the time set for the hearing, and no other pro- tests or objections will be considered. 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 - 5 - • 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 Legislature of the State of California, designated as the "Improvement 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 prop- erty 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 award of the contract and must execute said contract and file the required bonds with said Yorba Linda County Water District within twenty-five (25) days after the date of first publication of notice of award of contract. Section 10. That the Yorba Linda Star, a newspaper printed, published and of general circulation in the Yorba Linda County Water District, Yorba Linda, California, is here- by designated as the newspaper in which this Resolution of - 6 - 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 In- tention, unless otherwise provided. The District Secretary is directed to mail notices of the adoption of this Resolution of Intention, postage prepaid, to all persons owning real property which is proposed to be assessed, whose names and addresses appear on the last equal- ized 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 con- templated 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 with- in fifteen (15) days after the adoption of this resolution and in no event later than fifteen (15) days prior to the date of - 7 - hearing as provided in Section 7 hereof, he is further directed to file a copy of said map or plat, with his endorsement there- on, with the County Recorder of Orange County, California, all in the manner and form provided by law. ADOPTED, SIGNED AND APPROVED this 28th day of September, 1972. (SEAL) ATTEST: Press t of or a in a County Water istrict and of the Board of Directors thereof. Secr ary of Yorba Linda County Water District and of the Board of Directors thereof. - 8 - 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 Directors of said District at a regular meeting of said Board duly held on the 28th day of September, 1972, and that it was so adopted by the following vote: AYES: DIRECTORS P1 L.Z9 `)~etnTvycf,~~ ~~b~ " ~~iY~cptc NOES: DIRECTORS ABSENT: DIRECTORS Secretary of the Yorba Linda County ater District and of The Board of Directors thereof. (SEAL) - 9 - STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, JEAN E. MATHEWS, 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. :x.3(0 of said Board, and that the same has not been amended or repealed. DATED: e-°~~ 19 72 . Secre,Eary of the Yorba Linda County Water District and of The Board of Directors thereof.