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HomeMy WebLinkAbout1973-01-26 - Resolution No. 73-030 0 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF YORBA LINDA COUNTY WATER DISTRICT, ORANGE COUNTY, CALIFORNIA, ORDERING THE CONSTRUCTION OF SANITARY SEWER WORK IN THE YORBA LINDA COUNTY WATER DISTRICT, ORDERING POSTING AND PUBLICA- TION OF NOTICES INVITING SEALED PROPOSALS OR BIDS Assessment District No. 72-3 WHEREAS, this Board of Directors on the 28th day of December, 1972, adopted its Resolution No. 256 declaring its intention to order the construction of certain sanitary sewer work or improvement to be made under and pursuant to the Improvement Act of 1911, Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, said Resolution No. 256 was duly published and notices of the passage thereof were duly posted and mailed, and affidavits of publication, posting and mailing have been duly filed; and WHEREAS, at the time and place fixed in said Resolution No. 256 a hearing was duly held by this Board of Directors at which all written protests or objections, if any, were duly presented and read and all persons desiring to be heard thereon were heard, and this Board of Directors gave all per- sons present an opportunity to be heard in respect of any matter relating to the work proposed in said Resolution No. 256 or the boundaries of the assessment district described 0 0 therein, or in any way relating to the proceedings proposed by said Resolution No. 256; and WHEREAS, all such persons desiring to be heard were heard by this Board of Directors; and WHEREAS, protests were not made by the owners of more than one-half of the area of the property to be assessed for the work or improvement, and all protests and objections were overruled and denied by this Board of Directors, and this Board of Directors acquired jurisdiction to order the work described in said Resolution No. 256; 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 the Board of Directors of said District hereby orders the following work to be done or improvement to be made, to-wit: all that certain work or improvement described in said Resolution No. 256 on file in the office of the Secretary of said District. Reference is hereby made to said Resolu- tion No. 256 and to plans (which plans include profiles and detailed drawings) for said work which are designated "Im- provement Plans for Sewer Assessment District No. 72-3, Tract No. 1950, (MMeAu twin View Drive and Woodhaven Drive), a 1911 Improvement Act in the Yorba Linda County Water Dis- trict", consisting of two sheets, numbered 1 to 2, inclusive, on file in the office of the Secretary of said District, and - 2 - to specifications for "Specifications Sewer No. 1950) Yorba Linda in the office of said description of said we work shall be done. said work, Assessment County Wat Secretary, )rk and for • which are designated District No. 72-3, (Tract er District", also on file for a more particular the grades at which such SECTION 2. That this Board of Directors has deter- mined and declared that said contemplated work hereinbefore mentioned, in the opinion of this Board of Directors, is of more than local or ordinary public benefit, and this Board of Directors has made the expense of said work chargeable upon a district, which district this Board of Directors has de- clared to be the district benefited by the said work and to be assessed to pay the cost and expense thereof. For the particular description of said assessment district, refer- ence is hereby made to said Resolution No. 256. SECTION 3. That this Board of Directors determines and declares that serial bonds, bearing interest at the rate of seven percent (7%) per annum, shall be issued to represent each assessment of Fifty Dollars ($50) or more remaining un- paid 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 princi- pal of unpaid assessments and interest thereon shall be made - 3 - 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 penalties accrued and unpaid, together with a premium of five percent (5%) 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 4. That said work and all proceedings there- for shall be done and performed under and in accordance with the Improvement Act of 1911, Division 7 of the Streets and Highways Code of the State of California. SECTION 5. That the Secretary of said District is hereby directed to post conspicuously for five (5) days on or near the office door of the Board of Directors, in the manner and form required by law, a notice inviting sealed proposals or bids for doing said work ordered thereby, and said Secretary is hereby directed to publish TWICE in the YORRA LINDA STAR, a newspaper of general circulation published and circulated in said District, notice inviting - 4 - 0 • such sealed proposals or bids for doing said work and refer- ring to the specifications on file in the office of said Secretary, and said notice shall contain the matters and things required by law. The time fixed for the opening of bids shall be 10:00 o'clock a.m., March 1, 1973, and proposals or bids may be delivered to the Secretary of said District up to that hour. ADOPTED, SIGNED AND APPROVED this 26th day of January, 1973. Presid t of Yorba Li a oC unty Water istrict and of the Board of Directors thereof. (SEAL) ATTEST: i'~ f ter.' ~c i.C Secret~#y of Yorba Lima County Water District and of the Board of Directors thereof. - 5 - 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 an adjourned regular meeting of said Board duly held on the 26th day of January, 1973, and that it was so adopted by the following vote: AYES : DIRECTORS NOES: DIRECTORS ABSENT: DIRECTORS Secretary of Yorba Linda County Water District and of the Board of Directors thereof. (SEAL) - 6 -