HomeMy WebLinkAboutResolution 1976 - 0200?..I
.1 RESOLUTION NO.76-200-7
2 A RESOLUTION OF THE BOARD OF DIRECTORS INITIATING
PROCEEDINGS FOR ANNEXATION OF TERRITORY,DETER-
3 MINING TEE NECESSITY TO INCUR A BONDED INDEBTEDNESS
OF A PORTION OF COUN~SANITATION DISTRICT NO.7
4 OF ORANGE COUNTY AND OF INTENTION TO FORM IMPROVE
MENT DISTRICT NO.7-1 AND FIXING A TIME AND PLACE
5 OF HEARING THEREON (ANNEXATION NO.51--ORANGE
PARK ACRES)
6
•7 WHEREAS,the Local Agency Formation Commission of Orange
8 county,State of California,has,by resolution no.76—92,
9 adopted July 14,1976,approved an application for the annexa—
10 tion of certain territory to this District pursuant to the
11 provisions of law,and has designated this District as the
12 District to conduct annexation proceedings pursuant to law;and
13 WHEREAS,pursuant to such resolution,certain terms and
14 conditions were proposed to-be ~imposed including the formation
15 of an improvement district and the authorization of general
16 obligation bonds thereof;
17 NOW,THEREFORE,THE BOARD OF DIRECTORS OF COUNTY SANITATION
18 DISTRICT NO.7,DOES HEREBY FIND,DETERMINE AND ORDER,as
19 follows:
20 I 1.A resolution (No.76-53-7)of application for the
21 annexation of territory was adopted by this Board of Directors
22 on March 10,1976,commencing such proceedings.
23 2.The distinctive short form designation assigned by
24 the Local Agency Formation Commission to the territory proposed
25 I to be annexed is Annexation No.51 (No.76-1)to County Sanita
26 tion District No.7,the description of the exterior boundaries
27 of such territory being set forth on Exhibit “Afl,attached
28 hereto and made a part hereof by reference.
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3.The territory proposed to be annexed is inhabited as
2 such term is defined in Division 1 of Title 6 of the Government
Code.
4 4.The reason for the proposed annexation as set forth
5 in the proposal thereof is to provide sanitary sewer services
6 to said territory as requested by the Orange Park Acres
7 Association.
8 5.The terms,and conditions set forth in Exhibit “B”,
9 attached hereto and incorporated herein,are applicable to the
10 proposed annexation.
11 6.proceedings are hereby initiated for the annexation
12 to this District of the territories described in said Exhibit
13 HAIl
14 7.Pursuant to Section 4748 of the Health and Safety
15 Code,and the order of this Board,and following notice,and
16 hearing thereon,this Board has duly adopted an Engineer’s
17 Report,by resolution no.76-147-7,dated August 11,1976.
18 8.Pursuant to Section 4806 of the Health and Safety Code,
19 this Board hereby determines that it is necessary to incur
20 bonded indebtedness to obtain funds with which to acquire the
21 rights and property and to do the work set forth in the report
22 and described in the attached terms and conditions (Exhibit “B”).
23 9.The general objects and purposes for which the proposed
24 debt is to be incurred is the acquisition or rights of service
25 and use of the existing treatment and outfall facilities of
26 District No.7,and for the purposes,of the acquisition or
27 construction of major trunk lines,facilities and appurtenances
.28 to serve the portion of the District within said Annexation
29 No.51 (No.76-1),and the acquisition of easements,rights
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~‘of way and other property or structures necessary or convenient
2 therefor,together with all costs and estimated costs incidental
3 to or connected with the acquisition,construction,improving
4 or financing of the project.
5 10.That the amount of debt to be incurred is $1,025,000.00
6 11.That this Board intends to form an improvement district
I of that portion of the~District and of Annexation No.51
8 (No.76-1)which,in the opihion of this Board,will be bene
9 fited,the exterior boundaries of which proposed improvement
10 district are set forth on a map entitled “Annexation No.76-1
11 to County Sanitation District No.7”,which map is on file with
12 this Board and shall govern for all details as to the extent
13 of the proposed improvement district.
14 12.That should the proposed annexation be approved,this
15 Board intends tocall an election in such improvement district
16 on a date to be fixed,for the purpose of submitting to the
17 qualified voters thereof,the proposition of incurring an
18 indebtedness by the issuance of bonds of the District for said
19 improvement district.
20 I 13.That taxes for the payment of said bonds and the interest
21 thereon shall be derived exclusively from an annual tax upon the
22 real property within the improvement district,provided,however,
23 that the District shall provide for contribution to the bond
24 redemption fund established for the payment of such bonds of
25 such amounts and from such sources as would be provided under
26 existing County Sanitation District No.7 policy of reimbursement
27 relating to master plan sewers.
28 14.That the Engineer’s Report,together with a map showing
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1 the exterior boundaries of the proposed improvement district
2 with relation to the territory immediately contiguous thereto
3 and to the proposed improvements,are on file with the District
4 Board and are available for inspection by any person interested.
5 15.That Thursday,the 16th day of December,1976,at
6 the hour of 8:00 O’Clock P.M.,at Fire Station No.23,
7 5020 Santiago Boulevard,Villa Park,California,
8 are hereby fixed as the time and place for a heari~ng by the
9 Board on the proposed annexation and on the question of the
10 formation of the proposed improvement district,the extent
11 thereof,the proposed acquisition and improvement and the amount
12 of the debt to be incurred.Said dat&is not less than fifteen
13 (15)days nor more than sixty (60)days from the date of
14 adoption of this resolution.Any interested person desiring
15 to make written protest against said annexation shall do so by
16 written communication filed with the Secretary of the Board not
17 later than the hour set for hearing.
18 A written protest by a landowner shall contain a description
19 sufficient to indentify the land owned by him;a protest by a
20 voter shall contain the residential address of such voter.
21 16.At the time and place fixed for hearing,any person
22 interested,including all persons owning property in the District
23 or in the proposed improvement district,-may appear and protest
24 the inclusion of his property within the proposed improvement
25 district,and/or present •any other matter material to the
26 questions set forth in this resolution.
27 17.The Secretary of the Board shall provide for notice of
28 such hearing by publication of this resolution once a week for
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two successive weeks,with at least five (5)days intervening
2 between the respective publication dates,not counting such
3 publication dates in the Tustin News,a newspaper of general
4 circulation within the affected District and County,said
5 publication to be commenced at least fifteen (15)days prior
6 to the date specified herein for hearing.
7 18.The Secretary shall further cause notice of such hearing
8 by posting a copy of this resolution on or near the door of the
9 meeting place of this Board,said posting to be commenced at
10 least fifteen (15)days prior to the date specified herein for
11 hearing and continue to the time of said hearing.A copy of
12 said resolution shall further be posted in three (3)public
13 places within the proposed improvement district at least two
14 weeks before the time fixed for said hearing.
15 19.Said Secretaryshall also give mailed notice of such
16 hearing at least fifteen (15)days prior to the date thereof
17 as specified herein,to all landowners owning land within the
18 territory proposed to be annexed,addressed to such person to
19 whom land within said territory is assessed as sñown upon the
20 last equalized assessment roll of the Cpunty of Orange,at such
21 personts address as shown upon such roll,or where any such
22 person is no longer the owner,then addressed to any person en—
23 titled to be shown as owner on the next assessment roll,or
24 where land is subject to a recorded written agreement of sale,
25 then addressed to the person shown therein as purchaser,and ad
26 dressed to any public agency owningland within said territory,
27 and to all persons and counties,cities or districts,which
28 shall theretofore have fileda written request for special
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1 notice with said Secretary,or with the County Assessor,pursuant
2 to Section 58905 of the Governnient Code,by depositing a copy
3 of this resolution,first class,postage prepaid,in the United
4 States mails.
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5 PASSED AND ADOPTED at a regular meeting held November.10
6 1976.
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f t~NUExtJ iou rio.75-•I TO
~LOU~Ty s!~::i 11%!iou L)ISTRJCT NO.7(
An that certain land situated in the unincorporated territory of the County
of Orange,State of California,more particularly described as follo:-is:
PARCEL 1
Beginning’at a point in the botindary line of County Sanitation District No.7
as established by “An~,exati3n No.30’
,
said point being the North;•;est corner of said
annexation,said corner also being a point in the exis ting boundary line of the City
of Orange as established by “Annexation No~231’;
Thence in a general Southerly,Easterly and Northerly direction along the
boundary line of said County Sanitation District No.7 and along said existing
boundary line of the City of Orange through Courses 1 through 3 to the Northerly
terminus of that certain course described as “S.4~13’45”E.,548.22 feet,~:ore
or less”in said existing boundary line of the City of Orange as established by
“Annexation No.231”;
Then’ce leaving said existing boundary line of County Sanitation District No.7
and continuing along said existing boundary line of the City of Orange in a general
Easterly and Northerly direction through Courses 4 and 5 to a point in the boundary
line of County Sanitation District No.7 as established by “Annexation No.32”and
a point in the center line of Santiago Canyon P.dad;
Thence leaving said existing boundary line of the City of Orange and continuing
along said boundary line of County Sanitation District Mo.7 as establIshed by
“Annexation No.32”in a general Southeasterly and Northerly direction through
Courses 6 and 7 to the Southerly terminus of that certain course de’scribed as
0S..30 49 E.,260.24 feet”in said existing boundary line of t~.e City of Prange
as established by “Annexation No.231”;
.
.
Thence continuing along said boundary line of County Sanitation Dist’c’.ict No.7
and along said existing boundary line of the City of Orany~in a general Northerly
and Easterly direction throu~gh Courses 8 and 8~to the Southerly terminus of that
certain course described as “S.00 23’04”W.,607.88 feat”in said “Annexation No.32”;
Thence leaving said boundary line of County Sanitation district No;7 and con
tinuing along said existing boundary line of the City c-f Orange as established by s~.id
“Annexation No.231”through Courses 9 throug’n33 to a point in the uortherly bouadary
line of County Sanitation District No.7 as established by “Annexation No.27”,said
point being the Southerly terminus of that certain course described as “South 791.41
feet”in said existing boundary line of the City of Orange;
Thence continuing along said existing boundary line of theCity of Orange as
established by “Annexation No.265”and by “Annexation No.299”and along said
existing boundary of County Sanitation District 11o.7 as established by “Annexation
No.27”in a l-Iesterly direction along Course 34 a distance of 1149.62 feet;
Thence leaving said existing boundary of.County Sanitation District No.7 and
continuing along said existing boundary line of the City àf Orange as est4blished
by said .~‘Annexation 11g.265”in a general Northerly,Westerly and Southerly
direction along Courses tiuriber 35 through 37 to a point in said boundary line of
County Sanitation District No.7 as established by “Annexation No.7”;
Thence continuing along said existing boundary line of the City of Orange as
established by “Annexation lb.265”and along said boundary line of County Sanitation
District No.7 in a Westerly direction along Course 38 a distance of 622.61 feet;
Thence leaving said boundary line of County Sanitation District No.7 and con
tinuing along said existing l~oundary line of the City of Orange as established by
said ‘Annexation No.265”and said “Annexation No,299”in a qeneral Northerly,
l!esterly and Southerly direction through Courses 39 through 52 to a point in the
existing buund.~ry line of County Sanitation District Mo.7 as established by an
“Exclusion”adopted by Orange County Board of Supervisors per Resolution No.61-93
dated January 25,1961;
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Thence leaving said existing boundary line of the City of Orange in a general
Southwesterly direction along said existing boundary line of.Cour.ty Sanitation
.0Strict Mo,7 as established by said Resolution tb.61-93 and by an ‘Exclusion”
adopted by said Board of Supervisors -Dcce;nber 17,1958 (desicj~atcd as Orar.ge Park
Ct0~-A n,nn )~thrr,p,ch Courses 53 through 6~to the Southerly prolongation
Exhibit nA_Ill
1.t;~iExI\r to::r;0.76-1 TO
Ct)UtXTY SAtUTATIOI DISTRICT t~O.7
43 of tiiscefl~n~OuS flaps,P.ecord3 of said County;
Thence leaving said existing boundary of County Sanitation Dist~-ict No.7 along
said Southerly prolongation and Westerly line of Tract No.918 through the following
bearings and distances (Course numbers designated as 65 through 71):U.1°51’E.,
850S8 feet;
Thence N.7°1P 20”W.,1039.02 feet;
Thence H.530 42’U.,213.70 feet;
Thence H.870 331 W.,829.90 feet;
Thence H.18°00’20”U,,1416.14 feet;
Thence N.0°40’50”U.,337.96 feet;
0
Thence H.5O~10’-30”E.,393.67 feet to an angle point in the existing boundary
line of the City of Orange as established by ‘Annexation No.191”,said angle point
being the Southwesterly terminus of that certain course described as “Fl.72°12’30”E.,
643.26 feet”in said annexation.S .
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Thence in a general Northeasterly direction along said existing boundary line
of the City of Orange as established by said ‘Annexation No.191”,by “Detachment No.
191—A”,,by said “Annexation No.191’~,and by “Annexation No.228”through Courses
72 through 95 to a point in the boundary line of County Sanitation District No.7,
said point being the Northwest corner of “Annexation No.31”,c :-.-
Thence leaving said existing boundaiy line of the City of Orange and along said
boundary line of County Sanitation District No.7 as established by said “Ann~x~tján
No.31”in a general Southerly,Easterly and Northerly direction through Courses 95
through 98 to the Northeast corner of said “Annexation No.31”,said corner bein~a
point in said existing boundary line of the City of Orange as established by said
“Annexation No.228”;
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Thence leaving said boundary line of County Sanitation District No.7 and along
said existing boundary line of the City of Orange as established by said “Annexation
No.228”in a general Northerly and Easterly direction through Courses 99 and 100
to the Point of Beginning,..
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The above parcel of land contains 537,795 acres,more or less.
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PARCEL 2
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Beginning at a point in th~boundary line of.County Sanitation District Ho.7,
said point being the Northwest corner of an “Exclusion”adopted by the Orange County
~oard of Supervisors -December 17,1958 (designated as Orange Park Acres —T on
Page 13),said Northwest corner also being a point in the Westerly line of the land
described in a deed recorded in Book 2769,Page 150 of Official Records of said
County of Orange;
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Thence along said boundary line of County Sanitation District No.7 as established
by said “Exclusion”through the following courses:•S.1°40’50”E.,404.80.feet;
Thence S.480 24’40”E.,57.70 feet;
Thence S.790 24’40”E.,96.35 feet;
Thence N.00 00’40”W.,470,00 feet;..
Thence 5,85°44’10”V.,150.37 feet to the Point of Beginning.
The above parcel of land contains 1.47 acres,more or less.
All references to course numbers within this description are to course .nu~rbers
~shown on the map d~s~gnated “Annexation No,76—1 to County Sanitation District
7”.The ~se of said course numbers is to facilitate comparing this description
toemap,-
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Exhibit “A-2”
EXHIBIT “B”
ANNEXA’PION NO.51 (NO.76—i)
COUNTY S/~NITATION DISTRICT NO.7
TERMS AND CONDITIONS
1.Approval by a majority of the voters within the territory to
be annexed.
2.Payment by the landowners of the annexed territory of $028
per acre for the acreage involved,being the amount established as the
standard annexation fee by action of the Board of Directors,being equal
to the cost of rights of service and use of the existing treatment and
outfall facilities of District ~o.7.
3.Payment of proponents of all engineering,legal,administrative
and election costs incurred in processing the annexation,to be reimbursed
from bond proceeds in the event of completion of annexation.
4.That the annexed territory shall be subject to the terms and
conditions of all ordinances pertaining to fees or connection to the
District facilitfcs and use of ~caid facilities.
•5.The territory proposed to be annexed shall concurrently be
annexed into the 7th and 70th Sewer Maintenance Districts.
6.The,territory,U~Ofl annexation,shall he subject to all ad
valorem taxes required for the retirement of all existing and future bonds
‘of the District as a whole.-
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7.The formation of a new improvement district of Sanitation
District No.7 for the purpose of acquiring,rights of service and use in
existing facilities of said District No.7 and for the purpose of con
structing or acquiring major trunk lines to serve the area,comprised of
the lands within the proposed annexation or such thereof as are found to
be benefited pursuant to hearings had thereon by the District,sudh im
provc’ment district to be created concurrently with,and not separately
from,the proceedings for annexation.
B.The approval by the voters of said improv~nient district (at
an election he)d concurrently with and not separately from the election
on the annexation)of general obligation bonds determined by the said
Sanitation District Mo.7 to be sufficient,.with applicable incidental
expenses,to pay the following:
a.The sum of money necessary toacquire appropriate rights
of service and use in the existing treatment and outfall facilities
of Sanitation District No.7 in an amountequal to that set forth
in Condition No.2.
b.The sum necessary to provide those portions of the major
trunk lines designated on the Sanitation District No.7 master
plan as Reaches 17 and 18 necessary to serve the area proposed
to be annexed,less the proportionate amount thereof applicable
to lands already within Sanitation District No.7 which abut
and would be served by any part of that system.
Exhibit “B-i”
c.The sums adv.-niccc~to pay costs of annCxation proceedings,
being the amount referred to in Condition No.3 thereof.
9.In exchange for the advance of t:he sums nccessary for said
Reaches 17 and 18,by the bond issue,each p~rccl of land in existence
and of recoi:d as of 1:he date of the election shall be entitled,at no
further charge except as Provided in Condition No.12 hereof,to one
Connection to the sever system of Sanitation District No.7.
10.The District shall provide for contribution to the bond redemp
tion fund established for the payment of the bonds of the improvement
district of such amounts and from such sources as would he provided und~r
the existing Sanitation District No.7 policy of reimbursement relating
to master plan sewers.
11.The annexation shall become effective only after the formation
of’the improvement district by the affirmative vote of a majority of
those voting on the Proposition and the authorization of the general
obligation bonds by the affirmative vote of two-thirds of those voting
on the proposition.
12.In addition to the connection charges required hy Ordinance
No.716,of County Sanitation District No.7 those properties receiving
service by direct connection to the trunk sewcr shall pay an additional
connection service charge in an amount to be determined by the District.
These monies shall,upon receipt,be applied for bond redemption.
Exhibit “B—2”
F-
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
)SS.
)
I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of
County Sanitation District No.7 of Orange County,California,do
hereby certify that the above and foregoing Resolution No.76-200-7
was regularly passed and adopted at a regular meeting of said Board
on the 10th day of November
,
1976
,by the following vote,to wit:
AYES:Directors Donald J•.Saltarelli (Chairman),Pete Barrett,
John M.Burton,Ralph B.Clark,John Garthe,Francis H.
Glockner,and Don E.Smith
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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 11th day of November
~1976 .
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County,California
S-l04