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HomeMy WebLinkAbout1980-10-02 - Resolution No. 80-29RESOLUTION NO. 80-29 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT CONFIRMING ASSESSMENT AND ORDERING PROPOSED IMPROVEME14TS TO BE MADE; PRO- VIDING FOR NOTICE OF RECORDING OF ASSESSMENT; AND DESIGNATING OFFICIAL TO COLLECT AND RECEIVE MONEY WHEREAS, the Board of Directors of Yorba Linda County Water District, Orange County, California, heretofore, by Resolution of Intention No. 79-45, adopted December 6, 1979, declared its inten- tion to order the work to be done and the acquisitions and improve- ments to be made as described in said Resolution of Intention, all in an assessment district designated "Yorba Linda County Water District Assessment District No. 79-1 (Ohio-Oriente)," as shown and designated on that certain map entitled "Proposed Sewer Assessment District in the Yorba Linda County Water District, Orange County, California, Assessment District No. 79-1," on file in the office of the Secretary of said Board of Directors (the "Secretary") of said Yorba Linda County Water District; and WHEREAS, said Board of Directors in and by said Resolution of Intention referred said work and acquisitions and improvements to Keith and Associates, Engineers for said Yorba Linda County Water District and Engineers of Work, and directed said Engineers to make and file with the Secretary a report in writing; and WHEREAS, said Engineers duly filed with the Secretary their report in writing including contract documents, plans and specifi- cations, general description of works and property to be acquired, estimate of costs of improvements and of land, rights of way, ease- ments and incidental expenses in connection with said improvements, diagram and a proposed assessment of the total amount of the costs and expenses of said proposed improvements upon the several sub- divisions of land in said assessment district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the acquisitions and improvements, all in accordance with Sections 10203 and 10204 of the California Streets and Highways Code (the "Report"), and WHEREAS, said Board of Directors, by resolution entitled "Resolution of the Board of Directors of the Yorba Linda County Water District Preliminarily Adopting, Confirming and Approving Engineer's Report and Appointing Time and Place for Hearing Pro- tests to Proposed Improvements in Assessment District 79-1 (Ohio- Oriente)," duly adopted on August 28, 1980, preliminarily approved said Engineer's Report and fixed Thursday, October 2, 1980, at 7:30 p.m., before the Board of Directors of Yorba Linda County Water District in the District offices located at 4622 Plumosa Drive, Yorba Linda, California, as the time and place for hearing protests or objections to the proposed acquisitions and improve- ments, the extent of the assessment district or to the proposed assessment, and provided for notice of said hearing; and WHEREAS, the Board of Directors, on August 28, 1980, adopted Resolution No. 80-25, rescinding in part and amending in part the Resolution of Intention regarding the issuance of bonds and the newspaper designated for publication of notices; and WHEREAS, the Engineer amended the assessment to reflect the bid of the lowest responsible bidder for said work; said as- sessment being lower than the assessment contained in the report preliminarily approved on August 28, 1980; and WHEREAS, the Secretary has filed with said Board of Directors a declaration setting forth the time and manner of the compliance with the requirements of Chapter 4, Division 12 of the California Streets and Highways Code, and the requirements of law otherwise, for publishing, posting and mailing notices of the passage of the said Resolution of Intention and of the time and place for hearing protests or objections to said proposed acquisitions and improve- ments; and said Board of Directors hereby finds that notice of the passage of said Resolution of Intention and of the time and place for hearing protests or objections to said proposed acquisitions and improvements has been published, posted and mailed in the time, form and manner required by law; and -2- 0 0 WHEREAS, said hearing was duly held by said Board of Directors at said time and place for the hearing of all objections to said proposed work and acquisitions and improvements; and WHEREAS, one (1) protest or objection in writing to said proposed work, acquisitions and improvements was delivered to the Secretary up to the hour set for the hearing thereof, said protest or objection consisting of one page, and said Board of Directors proceeded to hear and pass upon said protest and objection and on protests and objections made at the hearing, and overruled each and all of said protests and objections, as hereinafter set forth; and WHEREAS, the written protest was withdrawn in writing prior to the conclusion of the hearing; and WHEREAS, said Board of Directors hereby finds and determines that protests and objections against said proposed work, acquisitions and improvements and the cost thereof were not made or signed by the owners of more than one-half of the area of the land in said assess- ment district to be assessed for said work, acquisitions and improve- ments; and WHEREAS, said Board of Directors immediately thereupon acquired jurisdiction to order the proposed work, acquisitions and improvements to be made; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF YORBA LINDA COUNTY WATER DISTRICT, as follows: 1. The foregoing recitals are true and correct and the Board of Directors so finds and determines. All said protests and objections are hereby overruled by the affirmative vote of the members of the Board of Directors voting in favor of the adoption of this Resolution. 2. The Board of Directors hereby confirms the proposed assessment as modified and declares that said Report of said Engineers, including said contract documents, plans and specifi- cations and estimate of the cost of the work, acquisitions and improvements and incidental expenses in connection with the said work, acquisitions and improvements, assessment as modified, and -3- 0 6 diagram, are hereby finally adopted, accepted, confirmed, and approved. Said assessment is hereby levied. 3. Said Board of Directors hereby orders the work, acquisi- tions and improvements described in said Resolution of Intention and in said Report, including said contract documents and plans and specifications, to be done, made and acquired. 4. Pursuant to law, including the Municipal Improvement Act of 1913, the Improvement Act of 1911, and Division 4.5 of the Streets and Highways Code of the State of California, the Secretary shall transmit said diagram and assessment, or duplicate originals or certified copies thereof to the Superintendent of Streets (the District Manager) of the District, and to the Superintendent of Streets (City Engineer) of the City of Yorba Linda. The Secretary of the District shall execute and record a notice of assessment in the office of the County Recorder of said County. Said assessment hereby levied shall become a lien upon the lands upon which it is levied and due and payable, all as provided by law. 5. Said Superintendent of Streets of the District is hereby ordered and directed to give notice of recording said assessment by: (a) Mailing, postage prepaid, to each person owning property in said Yorba Linda County Water District Assess- ment District No. 79-1, in the time, form and manner required by law, a statement containing a designation by street number or some other description of the property addressed sufficient to enable the owner to identify it, the amount of the assessment, the date of the recordation of the assessment, the time and place of payment of the assessment, and the effect of failure to pay within such time, and a statement that bonds are to be issued under the Improvement Bond Act of 1911 to represent unpaid assessments; and (b) Causing to be published, in the time, form and manner required by law, in the Daily News Tribune, a newspaper circulated in Yorba Linda County Water -4- 0 6 District, a notice stating: that said assessment has been recorded in the office of the Superintendent of Streets, and that all sums assessed therein are due and payable immediately; that the payment of said sums is to be made to the Superintendent of Streets (the District Manager) within 30 days after the date of recording the assessment (which date shall be stated in the notice); and that if any assessments are not paid within the 30-day period, bonds will be issued under the Improvement Act of 1911 to represent unpaid assessments. 6. The Superintendent of Streets (the District Manager) is hereby designated to collect and receive the money paid pursuant to the said assessment. PASSED AND ADOPTED on October 2 , 1980, by the following vote: AYES: Directors Lindow, Clodt, Korn, Cromwell and Knauft NOES : Directors: None ABSENT: Directors: None President of the Board of Directors, Yorba Linda County Water District. ATTEST: q--e~7 e Aa~e~ Jeyq E. Mathews SeVretary of the Board of Directors, Yorba Linda County Water District -5-