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HomeMy WebLinkAbout1972-12-28 - Resolution No. 72-256RESOLUTION NO. _Z:::E~- 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. 72-3" 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 Couni;y 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 (600) 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 District to order the following work to be done or improve- ment to be made in the District, to wit: The construction of sanitary sewers and appurte- nances and all appurtenant work in MEADOW VIEW DRIVE from the intersection with Casa Loma Avenue to a point approximately 610 feet easterly thereof, and in WOODHAVEN DRIVE from the intersection with Meadow View Drive to a point approximately 240 feet northwesterly thereof. 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 District. -2- • f 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. 72-3" for the Yorba Linda County Water District consisting of 2 sheets, numbered 1 to 2, inclusive, and identified as "Improvement Plans for Sewer Assessment District No. 72-3," 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. 72-3, Yorba Linda County Water District" being on file in the office of the General Manager of the District, and to which plans, profiles, drawings and specifications, heretofore approved by the Board of Directors of the 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. Section 3. That the said easements and rights-of-way necessary for the said contemplated work and improvement, as - 3 - i aforesaid, and the said contemplated work and improvement as aforesaid, are of more than local or ordinary public benefit and 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: A:.1 that certain territory situated in the Yorba L:~nda 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. 72-3" in said District, which map is titled and identified as "Proposed Sewer Assessment District in the Yorba Linda County Water District, Assess- ment District No. 72-3" and consists of one sheet. Which said map was heretofore approved by the Board of Directors of said District at the time of the api3roval 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, - 4 - ' 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. Section 4. That serial bonds, bearing interest at the rate of seven percent (70) per annum, shall be issued to rep- resent each assessment of Fifty Dollars ($5000) or more re- maining unpaid at the expiration of the last date fixed for payment of assessment in the notice to property owners mailed purs'Uant 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 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 penalties acc:cued 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 (lo) penalty for any delinquency as a cost of servicing the delin- quency as provided in Section 6442 of the Streets and Highways Code. - 5 - Section 5. That the estimated costs and expenses of said acquisition, work and improvement, including the incidental expenses are the sum of Twenty-three Thousand One Hundred and Fourteen Dollars ($23,114.00). Section 6. Notice is hereby given that on the 25th day of January, 1973, at the hour of 9:00 o'clock a.m., in the office of the Yor_ba Linda County Water District, 4622 Plumosa Drive, Yorba Linda, California, any and all persons having any objec- tions to the proposed work or improvement, or to the extent of the assessment district, or to the proposed grades, may appear and s'aow 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 Secretary of said District prior to the time set for the hear- ing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equal- ized assessment roll of Orange County as the owner of the prop- erty 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 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. - 6 - 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 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 con- tract and the property owners will not be allowed or permitted to take the contract. The Board of Directors of said 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 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 within the District is hereby designated 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 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 - 7 - District Secretary, including the mailing of such notices to every owner of property assessed by the State under Section 14 of Article VIII 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 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. - 8 - ADOPTED, SIGNED AND APPROVED this 28th day of December, 1972. c.. Pres ent of Yor County Wat& District and of the Board of Directors thereof. (SEAL) ATTEST: Secre ry )f Yorba Linda County Water" District and of the Board of Directors thereof. - 9 - 0 0 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 December, 1972, and that it was so adopted by the following vote: AYES : DIRECTORS" ~/~LJ✓t~'i ~~a'~nn NOES: DIRECTORS ABSENT: DIRECTORS Secret ry of the Yorba Linda County Water District and of the Board of Directors thereof (SEAL) - 10 - 1 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) u 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. ?A- -Z4of said Board, and that the same has not been amended or repealed. DATED : ~ti 19 72 . Secre :cy of the Yorba Linda County Rater District and of the Board of Directors thereof.