HomeMy WebLinkAbout1980-08-28 - Resolution No. 80-25RESOLUTION NO. 80-25
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RESOLUTION OF THE BOARD OF DIRECTORS OF THE
YORBA LINDA COUNTY WATER DISTRICT, RESCIND-
ING IN PART AND AMENDING IN PART RESOLUTION
OF INTENTION NO. 79-45 REGARDING THE ISSUANCE
OF BONDS AND THE NEWSPAPER DESIGNATED FOR
THE PUBLICATION OF NOTICES
ASSESSMENT DISTRICT NO. 79-1 (OHIO-ORIENTE)
WHEREAS, on December 6, 1979, the Board of Directors ("Board")
of the Yorba Linda County Water District adopted its Resolution
No. 79-45 declaring its intention to order the work, acquisition
and improvements described therein in an assessment district
described and provided for therein; and
WHEREAS, said Resolution of Intention also gave notice that
serial bonds would be issued in the manner provided by Division 10
of the Streets and Highways Code (the Improvement Bond Act of 1915),
bearing interest not to exceed eight (8%) percent per annum; and
WHEREAS, the Board has been advised that under the circum-
stances which pertain to the assessment district provided for in
said Resolution of Intention, serial bonds issued under the pro-
visions of Division 7 of the Code (the Improvement Act of 1911)
can at present be marketed to greater advantage than bonds issued
pursuant to Chapter 10 of the Code, and would probably result in
lower overall assessments against the property to be assessed
to pay the cost of the proposed work, acquisition and improvements;
and
WHEREAS, state law now provides that said bonds issued under
the provisions of Division 7 of the Code may bear interest at not
to exceed ten (10%) percent; and
WHEREAS, said Resolution of Intention selected the "Yorba
Linda Star" as the newspaper in which notices, resolutions, orders
or other matters relating to the proceedings are to be published; and
WHEREAS, the "Yorba Linda Star" has ceased to be a newspaper
of general circulation in the District appropriate for the publica-
tion of legal notices; and
WHEREAS, there is no newspaper published within the District;
and
WHEREAS, the "Daily News Tribune" is published in the County
of Orange and circulated in the District.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE YORBA LINDA
COUNTY WATER DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1: The foregoing recitals are true and correct and
the Board so finds and determines.
SECTION 2: Paragraphs 6, 7, 9 and 11 of Resolution No. 79-45
are hereby rescinded.
SECTION 3: Resolution No. 79-45 is amended by adding a new
paragraph 9, which shall read as follows:
"9. Notice is hereby given that serial bonds payable
to bearer to represent unpaid assessments and to bear
interest at a maximum rate of not to exceed 10% per
annum payable semi-annually will be issued in the man-
ner provided by Division 7 of the Code, the Improvement
Act of 1911 and the last installment of said bonds shall
mature in not to exceed 24 years from the second day of
January next succeeding the next September 1st following
their date. The redemption provisions of said bonds
shall provide a premium of five (5%) percent of the un-
matured principal. Pursuant to Section 6462.1 of the
Streets and Highways Code, the Board may provide for
a classification of bonds into different terms, and may
also provide for assessments to mature in other than
equal annual amounts."
SECTION 4: Resolution No. 79-45 is amended by adding a new
paragraph 11, which shall read as follows:
"11. Whenever in the Municipal Improvement Act of 1913
or the Improvement Act of 1911 a notice, resolution,
order or other matter relative to said proceedings for
the work, acquisitions and improvements in said assess-
ment district is required to be published, the Secretary
of the District is ordered to publish such notice, reso-
lution or other matter in the "Daily News Tribune," which
newspaper is hereby selected by the Board for that purpose."
PASSED AND ADOPTED THIS 28th day of August, 1980.
ATTEST: (//c t President, Board of Directors
Jean E Mathews
Secret~y, Board of Directors
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r - 1.- 0
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
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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 78 day of
1980, and that it was so adopted by the following
vote.
AYES: Directors, Clodt, Korn, Cromwell and Lindow
NOES: Directors - none
ABSENT: Directors - Knauft
ABSTAIN: Directors - None
a't-w Jean & Mathews, Secretary of the
Yorba Linda County Water District and of the
Board of Directors thereof
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ass
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. 80-
of said Board, and that the same has not been amended or repealed.
Dated 9- ~/r f d
Jean E. M hews, Secretary of the
Yorba Linda County Water District and of
the Board of Directors thereof.