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Home My WebLink About1979-12-06 - Resolution No. 79-45M r! T BOARD OF DIRECTORS YORBA LINDA COUNTY WATER DISTRICT, STATE OF CALIFORNIA ASSESSMENT DISTRICT NO. 79-1 (OHIO-ORIENTS) RESOLUTION NO. 7 fF- ~4~ RESOLUTION OF INTENTION k WHEREAS, the Board of Directors of the Yorba Linda County Water District (Board) has received a written recom- mendation from the Health Officer of the County of Orange that proceedings be instituted for the acquisition or construction of sanitary sewers as necessary as a health measure; and WHEREAS, said written recommendation has been spread upon the minutes of the Board; and WHEREAS, the Board has by its Resolution entitled "Resolution of the Board of Directors of the Yorba Linda County Water District Finding the Construction of Certain Sanitary Sewers to be Necessary as a Health Measure" hereto- fore adopted by at least a four-fifths vote found and determined that the construction of sanitary sewers in an assessment district designated Assessment District 79-1 (Ohio-Oriente) is necessary as a health measure and that the provisions of Division 4 of the Street & Highways Code (by the Special Assessment Investigation, Limitation and Majority Protest Act of 1931) are not applicable to said proceedings; and WHEREAS, the Board by its resolution adopted /J~Z ~ , 1979, appointed Keith and Associates, Consulting Civil Engineers, as Engineer of Work to do and perform all engineering work necessary in and for the proceedings, including all preliminary surveying, the description of -1- improvements to be constructed, plans and specifications, estimate of costs, diagram and assessment; and WHEREAS, the City Council of the City of Yorba Linda has considered and approved this resolution and the proposed Boundary Map on file in the office of the Secretary of the District, as provided by Section 10104 of the Streets and Highways Code; and WHEREAS, the public interest and convenience requires the construction and installation of said improvements; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIREC- TORS of the Yorba Linda County District, State of Cali- fornia, as follows: 1. The foregoing recitals are true and correct and the Board so finds and determines. 2. The Board hereby determines that the situation described in Section 2808 of the Streets and Highways Code exists and that Division 4 of said Code shall not apply to the proceedings hereinafter provided for. 3. The public interest and convenience require the construction and installation of the proposed work, acquisi- tions and improvements hereinafter described. 4. It is the intention of the Board to order the acquisition, work and improvements to be made in an assess- ment district (hereinafter provided for) designated Assess- ment District No. 79-1 (Ohio-Oriente), the exterior bound- aries of which are specified and described in Paragraph 5 hereof, the improvements being briefly described as follows: -2- Description of Improvements The installation of sanitary sewers within an area generally northwesterly of the intersection of Ohio and Oriente Streets, including J & J Lane, Hideaway Lane, Villa Terrace and Vallecito Lane all located within the City of Yorba Linda, California and within the Yorba Linda County Water District. The system will include pipelines, manholes and sewer laterals to property lines. The various facilities will be installed in City road rights of way and in easements acquired or to be acquired by the Yorba Linda County Water District. Except as in this resolution otherwise specifically provided, all the work, acquisitions and improvements shall be made and done pursuant to the Municipal Improvement Act of 1913. 5. The Board hereby declares that the territory within the boundaries hereinafter specified and described is the district to be benefited by the improvements and acquisi- tions and to be assessed to pay the cost and expenses thereof; that the expense of the work, acquisitions and improvements is hereby made chargeable upon the district; and that the exterior boundaries of the assessment district are hereby specified and described to be as shown on that certain map now on file in the office of the Secretary of the Yorba Linda County Water District entitled "Proposed Assessment District, Boundary, Proposed Assessment District 79-1" which map indicates by a boundary line the extent of the territory included-in the proposed district and shall govern for all details as to the extent of the assessment district. A copy of said map is attached hereto as Exhibit A and made a part hereof. -3- 6. The Board of Directors further hereby declares that it is its intention to covenant that, upon default of any assessment payment due and upon written demand of any bondholder affected thereby, it will cause foreclosure proceedings to be brought within 60 days of such demand, as permitted by Section 8830(b) of the Streets and Highways Code. 7. The Board of Directors further hereby declares that it is its intention to create a special reserve fund to provide for the purchase of tax delinquent property by the District and for other advances contemplated to be made by the District under Part 13 of Division 10 of the Streets and Highways Code, as permitted by Sections 8880-8886 of the Streets and Highways Code. 8. All public streets, alleys, easements and ways and all publicly owned property in the assessment district in use in the performance of a public function shall be omitted from the assessment hereafter to be made to pay the cost and expenses of the acquisitions. 9. Notice is hereby given that serial bonds payable to bearer to represent unpaid assessments of $150 or more, and which bear interest at the rate of not to exceed eight percent (8%) per annum, payable semiannually, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915) and the last installment of such bonds shall mature in not to exceed 24 years from the second day of July next succeeding 10 months from their date. The alternate proce- dure for collecting assessments and advance retirement of bonds as set forth in Part 11.1 Division 10 of the Streets -4- 0 0 and Highways Code shall apply herein. Pursuant to Section 8550.1 of said Code, the Board of Directors may determine to issue said bonds so that other than an equal annual propor- tion of the principal amount shall mature each year. 10. The Board hereby finds and determines that if the assessment proposed herein results in a surplus in the improvement fund to be provided for in the proceedings hereafter taken pursuant to this resolution, after the improvements are acquired, the surplus shall be applied as a credit on the assessment, unless the Board of Directors hereafter otherwise provides by resolution, all in accor- dance with the provisions of Sections 10427 to 10427.2, inclusive, of the Streets and Highways Code. 11. Whenever, in the Municipal Improvement Act of 1913 or in the Improvement Bond Act of 1915 a notice, resolution, order or other matter relative to said proceedings for the acquisitions in said assessment district is required to be published, the Secretary of the District is hereby ordered to publish such notice, resolution or other matter in the Yorba Linda Star, which is hereby selected by the Board for that purpose. 12. The Board hereby refers the proposed acquisitions to the Engineer of Work, and hereby directs the Engineer to make and file with the Secretary of the Board of Directors a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code. PASSED AND ADOPTED this day of , 1979. residen j'/Bbard of OPirectbrs ATTEST: cliff. Secretary -5- 0 0 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, J4 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 L~ day of , 1979, and that it was so adopted by the following vote: AYES: DIRECTORS: C.j&w'foe-) NOES: DIRECTORS: ABSENT: DIRECTORS i?~ G-2.~~yL~•~ 1r '14a Secreta of the Yorba Linda County Water District and of the Board of Directors thereof. -6- r. - 0 E STATE OF CALIFORNIA Sec etary of the Yorba Linda County Water District and of the Board of Directors thereof. -7- Ss. COUNTY OF ORANGE ) I, n/ A"V-f wVC'0j , 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./7-'/Jof said Board, and that the same has f" not been amended or repealed. DATED: ZG~ & , 1979. r PROPOSED DISTRICT TRACT 29 I, ;I1 :O r QQ ..I~ ~n ±I• ~z ~ i : n~ 3 OOprNE~ r O ' I j v Oy 032..- • 0' ' t ~ `Pow for LINDA 323-03 + + O ' '3 84LK /O a..r..a~n77 rRACr n , O Q w^1 a` a O O ♦ O \ O O , 6" J Q 6" ASSESSMENT - ;--e-. r J A BOUNDARY i i LEGEND a A.D. BOUNDARY i EXISTING EASEMENT TO Y. L.C W.D. PROPOSED 15' wo EASEMENT TO BED DEDICATED TO YLC.WD. 8" VC.P. SEWER, SIZE INDICATED 0--- MANHOLE f- C LEA N OU T Z T N 3;0 Q s T M h PROPOSED ASSESSMENT DISTRICT NO. 79-1 OHIO -ORIENTE • REVISED II/l/79 O ti 0 O O p ;1 Cc izi!/ 1 i . , m. .,n• - I ;i a I (co r- O r + I ° I W 1 , O xr ar It, A I! o I ; 1 1• ~ 4 I,~ I , O =i II 4 ♦ I ~ I h ~r l♦ § . i -fbr 1 nI / w i I' I M I IV y col 1 I•I ~ iCo ~ n ~-I I ~t ~ ® N ~ Q ~ i•I~ I ~ 0 0 v • h I -1N04-Op/ENJi L r 1 0 ~••Ex. B` 25 ~I y + d. nu.A .j