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HomeMy WebLinkAboutResolution 1966 - 0157RESOLUTION NO.66-157-7 2,~A RESOLUTION OF rNTENTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.7 3~OF ORANGE COUNTY,CALIFORNIA,PROPOSING TO CHANGE,MODIFY AND AMEND RESOLUTION OF 4~INTENTION NO.66-19-7 OF SAID DISTRICT,AS MODI FlED BY RESOLUTION NO.66-51-7 OF SAID DISTRICT, 5,~AND THE DIAGRAM OF THE DISTRICT HERETOFORE APPROVED FOR AND PERTAINING TO ‘ASSESSMENT ~DISTRICT NO.6,”WHICH SAID DIAGRAM IS REFERRED TO AND INCORPORATED IN SAID RESOLUTION OF INTEN TION,AND TO MODIFY THE BOUNDARIES OF THE ASSESS MENT DISTRICT BY ADDING SOME TERRITORY THERETO 8 AND DELETING OTHER TERRITORY THEREFROM;FIXING THE TIME AND PLACE OF HEARING UPON THE PROPOSAL 9 TO SO CHANGE,MODIFY AND AMEND SAID RESOLUTION OF INTENTION AND DIAGRAM,AND DIRECTING THE 10 SECRETARY TO MAIL AND PUBLISH NOTICE OF SAID HEARING 11~ WHEREAS,the diagram and/or plat describing the boundaries of 13~“ASSESSMENT DISTRICT NO.6,”as heretofore approved by the Board of 14~Directors of County Sanitation District No.7 of Orange County,California, 15~and as referred to and incorporated in Resolution of Intention No.66-19-7, 16I~adopted March 9,1966,as modified by Resolution No.66-51-7,adopted 1?7~.May 5,1966,does fix and establish the district and the boundaries thereof 18h benefited by the proposed acquisition,work and improvement and to be 19 assessed to pay the costs and expenses thereof,including incidental e~enses; 20~and 21 WHEREAS,the Plans for the construction of sanitary sewer 22~improvements in “ASSESSMENT DISTRICT NO.6,”as heretofore approved by~ the Board of Directors of County Sanitation District No.7 of Orange County 24 and as referred to and incorporated in said Resolution of Intention No. 25 66-19-7,as modified by Resolution No.66-51-7,and the description of work 26 as contained in said Resolution of Intentior~as so modified,do provide among 27 other things for the construction of sanitary sewers and appurtenances and 28 i~appurtenant work to be done as therein described;and 29 WHEREAS,the Board of Directors of this District proposes to 30 change,modify and amend said diagram and/or plat of the assessment district~ 31 so as to include certain additional territory within the assessment district 32 and to delete certain territory from the assessment district and so as to LAW OFFICES or - - RIMELHARVEV& HELSING FOURTH FLOOR 1010 NORTH MAIN Si. - SANTAANA.—1— CALIFORNIA 92701 1 change,modify and amend said Resolution of Intention No.66-19-7,as modi 2~fled by Resolution No.66-51 -7,so as to add certain additional territory and to 3~delete other territory from the said assessment district,all as more sped 4 fically set forth and described in Exhibit “A”attached hereto and by this 5 reference incorporated herein and made a part hereof for all purposes;and 6 WHEREAS,a contract for said work has been awarded to the success- 7 ful bidder;- 8 NOW,THEREFORE,the Board of Directors of COUNTY SANITA - 9 TION DISTRICT NO.7 OF ORANGE COUNTY,California,pursuant to the 10 provisions of Chapter 8.5,Part 8,Division 7 of the Streets and Highways 11 Code of the State of California,does hereby RESOLVE and ORDER as follows: Section 1 That the said Board of Directors proposes to change, 13 modify and amend the sheets of the diagram or plat of the assessment district 14 and Section 5 of Resolution of Intention No.66-19-7,as modified by Resolu 15/tion No.66-51-7,in the particulars as set forth in Exhibit “A”attached hereto 16 to which reference is hereby made and by such reference Exhibit “A”is 1?incorporated herein and made a part hereof for all purposes.That the pro- 18 posed modified diagram or plat of the assessment district referred to in 19 said Exhibit “A”have been received and filed by this Board of Directors and 20 are on file in the office of the Secretary of this District. 21/Section 2 That said Board of Directors does hereby state and deter~ 22~mine that the said changes,modifications and amendments to the diagram and 23 boundaries of the assessment district and the said Resolution of Intention,as 24 modified,will not result in any change in the estimated cost of the construe- 25 tion work or in the estimated cost of the entire work and,therefore,will not 25 exceed or violate cost limitations as set forth in Section 5234 of the Streets 27 and Highways Code of the State of California.That said Resolution of Intentior~ 28 No.66-19-7 and said Modification Resolution No.66-51-7 and the plat or dia 29 gram of the assessment district hereinabove referred to are on file in the 30 office of the Secretary of this District. 31 Section 3:That Wednesday , the 11th day of January 32 1967,at the hour of 8:00 o’clock p.m.of said day,is hereby fixed as LAW OFFICES OP RIMEL HARVEY & HELSJNG FOURTH FLOOR 1010 NORTH MAIN ST. SANTAANA.0 CALIFORNIA 9~7O1 the day and hour and the regular meeti~g place of the Board of Directors of County Sanitation District No.7 of Orange County at 10844 Ellis Avenue, 3~Fountain Valley,Orange County,California,is hereby fixed as the place 4H when and where any and all persons having any objection to the aforesaid 5~prpposal to change,modify and amend the boundaries of the assessment dis trict and the said resolution of intention,may appear before said Board of Directors and show cause why said changes,modifications and amendments 8~should not be adopted.Protests must be in writing and must contain a 9~description of the property in which each signer is interested,sufficient to 10 identify the same,and must be delivered to the Secretary of the Board of fl~Directors of County Sanitation District No,7 of Orange County not later than the time set for the hearing and no other protests or objections will be con sidered.If the signer of any protest is not shown upon the last equalized 14~j assessment roll of Orange County as the owner of the property described in 15 the protest,then such protest must contain or be accompanied by written 16~evidence that such signer is the owner of the property so described. i7~Section 4 That this Board of Directors does hereby order and 18h direct the Secretary to give notice of the time and place of the aforesaid hear 19h ing by publishing this resolution once in THE TUSTIN NEWS,a weekly news 20h.paper of general circulation in County Sanitation District No.7 of Orange 21~County,California.That said publication shall be made at least ten (10)days 22~prior to the date fixed herein for the hearing on the proposal to change, ~modify and amend the description of the assessment district and the plat or 24 diagram thereof,and the said resolution of intention,as modified. 25 The Secretary is further directed to mail a copy of this resolution to 26 all persons owning real property within the additional territory to be added to 27 the assessment district as described in Exhibit “A”attached hereto,whose 28~names and addresses appear upon the last equalized assessment roll or as 29 known to the Secretary,at least fifteen (15)days prior to the date herein 30 fixed for the said hearing,all in the manner and form provided for under 31 Section 5232.1 of the said “Improvement Act of 1911”of said Streets and High- 32 ways Code. LAW OFFICES OF RIMCL HARVEY S.I’- HELSING FOURTH FLOOR 1010 NORTH MAIN St I!- SANTAANA.3 CALIFORNIA 02701 1 The Secretary is further ordered and directed to file with the County 2 Recorder of Orange County at least ten (10)days prior to the date set for the 3 hearing upon this proposal to modify,the proposed revised map of the assess- 4 ment district containing the additions and deletions herein proposed to be 5 made. 6 ADOPTED,SIGNED AND APPROVED by the Board of Directors of ‘7 COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY at a 8 regular meeting thereof held this__l~4thday of Decemler ,1966. 9 /s/Clifton C.Miller ATTEST:Chairman 11 j~/Fred A.Harper Secretary 13 14~~ 15~ 16 1.7~ 18 19 20 21 22 23 24 25 26 27~ 28 29 30 31 32 LAW OPFICCS OF RIMEL I-IARVEY& HELSING FOURTH FLOOR 1010 NORTH MAIN ST. SANTA AN... —— CALIFORNIA 92701 EXHIBIT “A” IN THE MATTER OF THE CONSTRUCTION OF SANITARY SEWERS AND APPURTENANCES AND APPURTENANT 3~WORK IN ASSESSMENT DISTRICT NO.6”IN COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY 4 PROPOSED CHANGES,MODIFICATIONS AND AMENDMENTS TO THE BOUNDARIES OF THE ASSESSMENT DISTRICT AND 6i~TO RESOLUTION OF E~TENTION NO.66-19-7,AS MODIFIED: 1.That the plat or diagram of the assessment district,consisting of 10 8 sheets,numbered 1 through 10,inclusive,entitled “Diagram Exhibiting the 9 Property Affected or Benefited by and to be Assessed to Pay the Costs and 10~Expenses of the Improvement of Sanitary Sewers in Assessment District 11~I No.6 in the County Sanitation Districts of Orange County,California, District No.7,March 1966..”referred to in Section 4 of said Resolution of Intention No.66-19-7,as modified,amended,changed and revised as follows: 14~A.That Sheet 4 of said Diagram be amended,modified,changed and revised by adding thereto territory within a portion of Lot 8,Block B of Oge and Bond Tract per map recorded in Book 3,pages 430 and 431,Miscellan eous Records of Los Angeles County,as shown on proposed Sheet 4 (modified)~ B.That Sheet 10 of said Diagram be amended,modified,changed 19~:and revised by deleting therefrom all of the territory shown on said Sheet 10. 20~C.That Sheets 1 and 6 of said Diagram be amended,modified, 2J.~changed and revised so as to conform with the proposed modifications to the 22~other sheets hereinabove designated. 23~1 That said proposed Sheet 1 (Modified),Sheet 4 (Modified),Sheet 6 24 (Modified)and Sheet 7 (Modified)hereinabove mentioned have been received 25 and filed by the Secretary of County Sanitation District No.7 of Orange County 26 California,and are on file with the Secretary thereof. 27~ 28 2.That Section 4 of Resolution of Intention No.66-19-7,as modified by 29 Resolution No.66-51 -7,which said Section 4 is entitled “DESCRIPTION OF 30 ASSESSMENT DISTRICT,”be amended,modified,changed and revised to 3JJ~readas follows: - 32~ L’.W OFPIC~OF R~MELHARVEY&I: HEISING FOURTh FLOOR 1010 NORTH MAIN ST. SANTA ANA,- CALIFORNIA 02701 EXHIBIT “A”—page F 1 2 3 5 6 ‘7 8 9 10 11 1’2 13 14 15 16 1.7 18 19 20 2L 22 24 25 26~ 27 28 29 30 31 32 LAW OFFICES Op RIM~LHARV~y& HEISING FOURTH FLOOR I0~0 NORTH MAIN ST. SANTA Ant,. CALZFQRNM 92701 “OF ASSESSMENT DISTRICT “4 That the said acquisition of lands,easements and rights of—way for all public sewer purposes and the said contemplated work and improvement,as aforesaid,is of more than local or ordinary public benefit and the said Board of Directors hereby makes the expenses of said acquisition,work and improvement chargeable upon a district, which said district the Board of Directors hereby declares to be the district benefited by said acquisition,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: “All that certain territory situated in the City of Orange and in the unincorporated territory of the County of Orange included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said acquisition,work and improvement in said ‘ASSESSMENT DISTRICT NO.6,T which said plat consists of 10 sheets,numbered Sheets 1 (Modified),2,3,4(Modified),5,6 (Modified),7,8,9 and 10 (Modified),entitled ‘Diagram Exhibiting the property affected or benefited by and to be assessed to pay the costs and expenses of the improvement of Sanitary Sewers in Assessment District No.6,in the County Sanitation Districts of Orange County,California,District No.7, March 1966,Revised 11-22-66,‘indicating by said boundary lines the extent of the territory included within the proposed assessment district, and which revised map or plat is now on file in the office of the Secretary of County Sanitation District No.7 of Orange County,California,and a copy of which is on file in the office of the Engineer of Work,EXCEPT ING FROM the area shown within and delineated upon said map or plat hereinabove referred:to,the area of all public streets,public avenues, public lanes,public roads,public drives,public courts,public alleys and all easements and rights-of-way therein contained belonging to the public,and any lot or parcel of land belonging to the United States, and also excepting therefrom any lot or parcel of land belonging to the EXHIBIT “A”-page 2 1 State of California or to the County of Orange or to the City of Orange 2~or to the Orange County Flood Control District,which lot or parcel of land is in use for the performance of any public function,and all such 4!!property above mentioned and described as being excepted from the 5~area shall be omitted from the assessment hereinafter to be made to 6 cover the costs and expenses of such acquisition,work and improve 7•!I ment.Lots or parcels of land owned by school boards,school districts 8 or other public or private educational authorities,whether or not •9~devoted to public or school uses and purposes,shall not be excepted or omitted from said district or from said assessment,but shall be 1].1 included in said assessment.Reference is hereby made to said plat 12~for further,full and more particular description of the said assessment •13~l district,and the said plat so on file shall govern for all details as to the 14i~extent of said assessment district.” 15 161 3.That the above additions,deletions,modifications and changes will 1?7i~not change the estimated quantities of the work to be installed and will not 18~change the total cost of the work,including all incidentals and acquisition of 19!1 right-of-way easements. 2011 21~ 22 24! 25~ 26h 27~ 28!! 29! 3o,~ 3J-i~ 32~ LAW OFFICES OF RIMEL HARVEY & HELSING FOURTH FLOOR ISIS NORTH MAIN ST.H SANTA ANA. CALIFORNIASZ7O: 11 EXHIBIT ‘‘A”—page 3 CERTIFICATION 2 I,Fred A.Harper ,Secretary of COUNTY SANITA 3 TION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA,do hereby certify 4 that the foregoing Resolution No.66-157-7 was duly adopted at a 5 regular meeting of the Board of Directors of said County Sanitation District 6 No.7 of Orange County,held on the 1L!~th day of December ,1966,by 7 the following vote of the members of the Board: 8 AYES:Directors Clifton C.Miller (Chairman),Al Forgit, Harry H.Harvey,Rex A.Parks,Ellis N;Porter, 9 and Alton E.Allen 10 NOES:Directors None 1].ABSENT:Directors None 12 and I further certify that Clifton C.Miller , as Chairman , and 13 Fred A.Harper , as Secretary ,signed and approved the said 14 resolutiononthel~4thdayof December , 1966 15 /Fred A.Harper 16 Secretary ,County Sanitation District (Seal):No.7 of Orange County 17 18~ 19~ 20 STATE OF CALIFORNIA ) )ss. 21 County of Orange 22 I,Fred A.Harper ,Secretary of COUNTY SANITA 23 TION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA,do hereby certify 24 that the foregoing is,a full,true and correct copy of Resolution No.66-l57-~ 25 passed and adopted by the Board of Directors of said County Sanitation District 26 No.7 of Orange County at a regular meeting thereof held on the 27’~l~-i-th_day of_December , 1966. 28 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the 29 official Seal of said District this l~4th day of December , 1966.. 31 Secretary ,County Sai~itation District No.TÔT Orange County 32~. LAW OFFIC~01’ RIM EL &HARVEY FOURTH FLOOR lOjO NORTH MAIN St SANTA AMA.CALIFORNIA1~ STATE OF CALIFORNIA SS. COUNTY OF ORANGE I,FRED A.HARPER,Secretary of the Board of Directors of County Sanitation District No., of Orange County,Cali fornia,do hereby certify that the above and foregoing Resolution No.66157~7 was regularly passed and adopted at a regular meeting of said Board on the l4thday of December ,1966,by the following vote,to wit: AYES:Directors Clifton C.Miller (Chairman), Al Porgit,Harry H.Harvey,Rex A.Parks, Ellis N.Porter and Alton E.Allen NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.7 ,of Orange County,California,this 14th day of December ,1966. Fre .Harper,Secre~ Board of Directors of County Sanitation District No.7 ,of Orange County, California