HomeMy WebLinkAboutResolution 1969 - 0018I
1 RESOLUTION NO.69-18-7
2 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.7 OF ORANGE COUNTY,
3 CALIFORNIA,ADOPTED PURSUANT TO THE PROVISIONS
OF SECTIONS 2804 AND 2808 OF THE STREETS AND HIGHWAYS
4 CODE OF THE STATE OF CALIFORNIA,IN THE MATTER OF
THE PROPOSED CONSTRUCTION OF SANITARY SEWERS AND
5 APPURTENANCES AND APPURTENANT WORK IN A PORTION
OF SAID SANITATION DISTRICT TO BE KNOWN AS
6 “ASSESSMENT DISTRICT NO.8~’IN SAID SANITATION
DISTRICT.
‘7
_________________________________________________________________________
8 WHEREAS,the Board of Directors of County Sanitation District No.7
9 of Orange County,California,has received a communication from the Health
10 Officer of the County of Orange,California,which Health Officer has juris
11~diction over this District,and which communication is in words and figures as
12 follows:
13 “Board of Directors December 4,1968
County Sanitation District #7
14 10844 Ellis Avenue
Fountain Valley,California 92708
15
“Gentlen:
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“As Health Officer of the County of Orange,I hereby recommend
17 that proceedings relative to the installation of local collector
sewers be instituted as quickly as possible for the area recently
18 annexed to County Sanitation District No.7 and known as Annex
ation Number 14.The area is bounded in general by Newport
19 Avenue on the south,~nwald Avenue on the west,Daniger Road
on the east and extends northerly from Newport Avenue approxi
20 mately 1200 feet.The area is shown on the attached sketch
entitled “Plat of Proposed Assessment District for the improve-
21 ment of Sanitary Sewers and Appurtenances in Newport Avenue
Annexation Number 14.”
22
“This recommendation is made as a measure necessary for the
23 protection of public health and is made pursuant to Section 2808
of the Streets and Highway Code of the State of California.
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“We have made an investigation of the sanitary facilities in this
25 area and have found that residents therein have been experiencing
difficulties with their individual sewage disposal systems.
26
Very truly yours,
27 /s/JohnR.Philp
JOHNR.PHILP,M.D.
28 Health Officer
County of Orange”
29 and
30 WHEREAS,the Board of Directors has duly considered the said
31 communication and has received information from its Engineer of Work for sucI~
32 project with reference to the proposed sanitary sewer improvements referred
LAW OFFICtS OF
RIM~L.HARVEY &
HELSING
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 92701 —
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I.AW OFFICES OP
RIMEL HARVEY &
HE.L.ZI FIG
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA AMA.
CALIFORNIA 92701
S
to in said communication;and
WHEREAS,said Board of Directors,at a regular meeting thereof,
did heretofore receive a petition of property owners for the construction of
sanitary sewers and appurtenances and appurtent work in the same portion of
this District to be generally known as ‘ASSESSMENT DISTRICT NO.8”;and
WHEREAS,said petition delineates the boundaries of the proposed
assessment district for said improvement;and
WHEREAS,said petition requests the Board of Directors of this
District to commence and carry through to completion under the provisions of
the’~mprovement Act of 1911,”being Division 7 of the Streets and Highways
Code of the State of California,all proceedings for the formation of the above
described property into a special assessment district for the construction of
said improvements under and pursuant to the said “Improvement Act of 1911”;
and
WHEREAS,it has been reported to this Board of Directors by its
Engineer of Work that said petition represents and is signed by the owners of
more than sixty (60%)per cent in area of the property subject to assessment
for said proposed improvements;and
WHEREAS,said petition specifically waives and requests this Board
of Directors to dispense with any and all proceedings under the “Special
Assessment Investigation,Limitation and Majority Act of 1931,”being
Division 4 of the Streets and Highways Code of the State of California;and
WHEREAS,this Board of Directors has duly considered the said
petition and the report with reference thereto;and
WHEREAS,said work and improvement described in said petition
consists of the construction of sanitary sewers and appurtenances and appur
tenant work,in the area lying within the proposed assessment district;
NOW,THEREFORE,the BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA,does
hereby RESOLVE and ORDER as follows:
Section 1 That the improvements referred to in the communication
from the Health Officer above quoted and in the property owners’petition above
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LAW OFFICES OF
RIMEL HARVEY &
H E LS C N G
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 92701
9
mentioned consist of the construction of sanitary sewers and appurtenances and
appurtenant work within that portion of this Sanitation District mentioned and
described in said Health Officer’s letter and in said petition,and to which
reference is made for further particulars.
Section 2:That the improvements referred to in said Health Officer’s
letter and in said petition shall he under the provisions of the ‘Improvement
Act of 1911,11 being Division 7 of the Streets and Highways Code of the State of
California.
Section 3 That this Board of Directors does hereby find and determin
that the acquisition of easements and rights of way for and the construction of
said sanitary sewers and appurtenances and appurtenant work in connection
therewith,are necessary as a health measure and such necessity for such
acquisition and construction is found to exist;and this Board of Directors does
hereby find and determine that the qualified signers of the said petition above
mentioned represent more than sixty percent (60%)of the total assessable area
of the proposed district as shown,described and delineated above and in said
petition.
Section 4 That the Secretary of this District is hereby authorized,
instructed and directed to spread the contents of the said original communica
tion from the Health Officer of the County of Orange upon the minutes of this
meeting of the Board of Directors at which this resolution is adopted.
Section 5 That this Board of Directors does hereby further find and
determine that the said letter from the Health Officer and the said petition
represent all the requirements prescribed in Sections 2804 and 2808 of the
“Special Assessment Investigation,Limitation and Majority Protest Act of
1931,”being Division 4 of the Streets and Highways Code of the State of
California1 and the Board of Directors intends,in adopting this resolution,to
meet each and every condition and to make each and every finding necessary
on its part in order to permit the proceedings for said improvements to go
forward to completion without further reference to or application of the pro
—3 -
1 visions of the said Division 4 of the said Streets and Highways Code.
2 ADOPTED,SIGNED AND APPROVED this 12th day of March
1969.
4
5 /Clifton C.Miller
Chairman
6
rj ATTEST:
8 /Fred A.Harper
Secretary
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LAw OFFIOSS OF
RIMEL.,HARVEY &
H ELS I N
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.—4—
CALIFORNIA 02701
CERTIFICATION
t,~FRED A.HARPER,Secretary of COUNTY SANITATION DISTRICT
NO.7 OF ORANGE COUNTY,California,do hei’eby certify that the foregoing
Resolution No.69—18-7 was duly adopted at a regular meeting of the Board
of Directors of said County Sanitation District No.7 of Orange County,held on
the 12th day of March
,
1969,by the following vote of the
members of the Board:
AYES:Clifton C.Miller (Chairman),
Thomas McMichael,Ellis N.Porter
Howard Rogers,Don E.Smith,and
William Hirstein
NOES:Directors NONE
ABSENT:Directors NONE
and I further certify that Clifton C.Miller.,as Chairman,and
FRED A.HARPER,as Secretary,signed and approved the said Resolution on
the 12th day of March
,1969
STATE OF CALIFORNIA )
)ss.
County of Orange )
I,FRED A.HARPER,Secretary of COUNTY SANITATION DISTRICT
NO.7 OF ORANGE COUNTY,California,do hereby certify that the foregoing
is a full,true and correct copy of Resolution No.69—18—7 ,passed and
adopted by the Board of Directors of said County Sanitation District No.7 of
Orange County at a regular me eting thereof held on the 12th
day of March
,1~9.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official Seal of this District on this 12th day of March
,1969.
S
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strict No.7
of Orange County.
Directors
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LAW OFFIc~5 OF
RIM EL,HARVEY &
H ELS IN 0
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 92701
of Orange County