HomeMy WebLinkAboutResolution 1976 - 0215WJML:PLMcE:bz 12/13/76
RESOLUTION NO.76-215-7
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITA
TION DISTRICT NO.7 OF ORANGE COUNTY MAKING DETERMINA
TIONS,ORDERING ANNEXATION OF TERRITORY SUBJECT TO CON
FIRNATION OF VOTERS,ESTABLISHING TERMS AND CONDITIONS
OF ANNEXATION,DESCRIBING EXTERIOR BOUNDARIES OF TERRI
TORY ANNEXED,AND CALLING SPECIAL IMPROVEMENT DISTRICT
BOND ELECTION
ORANGE PARK ACRES ANNEXATION NO.51
•(No.76-1)
WHEREAS,the Local Agency Formation Commission of Orange County
on July 14,1976,adop.ted its resolution of the Local Agency Forma
tion Commission making determinations and approving proposed Annexa
tion No.51 to Sanitation District No.7 of Orange County,the
boundaries of said territory,as modified to reflect deletion of
lands heretofor annexed by separate proceedings,being more partic
ularly described in Exhibi’t “A”hereto attached and by reference
made a part hereof;
WHEREAS,by said.resolution the Commission found the terri
tory proposed to be annexed to be inhabited,as defined by
Section 56045 of the Government Code;assigned to such territory
the short-form designation “Annexation No.51 (No.76-1)”;designated
County Sanitation District No.7 as the conducting agency and
directed its Board of Directors to initiate annex~ation proceedings
in compliance with said resolution;and directed that any annexation
of such territory ordered by this Board shall be subject to the
terms and conditions hereinafter set forth;
•WHEREAS,pursuant to said terms and conditions this Board
obtained and filed with the Clerk of this Board an engineering
report on existing and proposed sanitary facilities for the portion
of the Sanitation District as set forth in said proposed annexation
which is not yet supplied with sewage treatment and disposal
facilities,and the said report h~s been approved and adopted by
the Board after notice and hearing as required by law;
WHEREAS,pursuant to said Local Agency Formation Commission
direction,and on November 10,1976,this Board duly adopted its
Resolution No.76-200-7 initiating proceedings,determining the
necessity to incur a bonded indebtedness of a portion of County
Sanitation District No.7 and of intention to form Improvement Dis
trict No.7-1,setting Thursday,the 16th day of December,1976,
at the hour o.f 8:00 p.m.,at the Fire Station at 5020 Santiago
Boulevard,Orange,California,as the time and place for hearing
on said proposed annexation and on the necessity to incur a bonded
indebtedness to obtain lands with which to acquire the rights and
property and do the work set forth in the report;
•WHEREAS,notice of said hearing was given by publication,
posting,and mailing in accordance with the requirements of law,
as appears from the proofs thereof on file with the Secretary of
this Board;
WHEREAS,at the time and place fixed for said hearing,the
Commission’s resolution making determinations was read aloud or
summarized and thereafter all oral or written protests,objections,
or evidence made,presented,and filed were heard and received on
the questions of the proposed annexation,the improvement district,
the extent thereof,the proposed improvements,and the amount of debt
to be incurred;and
•
•
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•WHEREAS,this Board has duly considered those factors required
to be considered by it pursuant to Section 56314.1 of the Govern
ment Code and all other matters which this Board deems material
to said annexation and to the formation of said improvement district
and the incurring of said bonded indebtedness;
NOW,THEREFORE,the Board of Directors of County Sanitation
District No.7 of Orange County,California,does HEREBY FIND,DETER
MINE,and ORDER as follows:
Section 1 ‘Having given due consideration to the matters
material thereto and after full investigation,hearing,and examina
tion,this Board hereby determines and finds that annexation of the
territory more particularly described in Exhibit “A”hereto attached
will be for the interest of the landowners or present or future
inhabitants within the District and within the territory to be
annexed,and it is hereby further determined and found that all of
the lands proposed to be annexed will be benefited by becoming a
part of the District.
Section 2 Any and all objections to the proposed annexation
or the terms and conditions hereinafter specified are hereby over
ruled.
Section 3 This Board deems it necessary that the County
Sanitation District incur a bonded indebtedness for the said pro
posed Improvement District No.7-1.
Section 4 The purpose for which the proposed debt is to be
incurred is the acquisition of rights of service and use of the
existing treatment and outfall facilities of District No.7;the
acquisition and constru~ction of majo.r trunk lines,facilities,and
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•appurtenances to serve the portion of the District within said
Annexation No.51;and the acquisition of easements,rights of
way,and other property or structü~es neces~ary or convenient
thereto,together with all costs and estimated costs incidental to
or connected with the acquisition,construction,improving,or
financing of the project.
Section 5 The exterior boundaries of the proposed portion
of County Sanitation District No.7 which will be benefited by the
proposed indebtedness are set forth on a map entitled “Annexation
No.76-1 to County Sanitation District No.7,”which map is on
file with said BOard and which map shall govern for all details
•
as to the extent of the improvement district.
Section 6 Said proposed portion of the District as set forth
on said map shall hereupon constitute and be known as “Improvement
District No.7-1 of County Sanitation District No.7 of Orange
County,”and said improvement district is hereby declared to be
formed.
Section 7 The determinations made in this resolution relative
to said improvement district shall be final and conclusive.
Section 8 The territory proposed to be annexed is inhabited,
as such term is defined in Government Code Section 56045.
Section 9 Written protests to the proposed annexation filed
and not withdrawn represent less than .50%of theassessed value of
land therein and less than 50%of the voting power of voters entitled
to vote as a result of residing in or owning property within such
territory and that therefore the Board of Directors has acquired
jurisdiction to order the annexation of said territory to the Dis
trict.
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Section 10 Having given due consideration to the Commission’s
resolution making determinations and to all other matters relevant
and material to said annexation,this Board hereby orders the
territory described in said Exhibit “A”and designated Annexation
No.51 to County Sanitation District No.7 annexed to said County
Sanitation District No.7 subject to the confirmation of the voters
within said territory.
Section 11 Said annexation is subject to the terms and condi
tions as set forth in Exhibit “B”attached hereto.
Section 12 An election is hereby called and ordered to be
held and conducted only within the territory proposed to be annexed
on Tuesday,the 8th day of March,1977,for the purpose of submitting
to the voters of said territory the following proposition,to wit:
Shall the order adopted on December 16,1976,by the
Board of Directors of County Sanitation District No.7
of Orange County,ordering the annexation to said dis
trict of the territory described in said order and
designated therein as Annexation No.51 (No.76-1)to
County Sanitation District No.7 be confirmed subject
to the terms and conditions specified in said order?
Such terms and conditions including the concurrent
formation of a new improvement district and approval of
general obligation bonds by the voters therein,all as
more particularly set forth in said order.
Section 13 A special bond election is hereby called and
ordered to be held in said proposed Improvement District No.76-1
on Tuesday,the 8th day of March,1977,for the purpose of sub
mitting to the qualified voters of said Improvement District the
proposition of incurring a bonded indebtedness by the issuance of
bonds of the District for said Improvement District to obtain funds
with which to acquire the rights and property and do the work set
forth in the heretofor-referred engineering report.
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Section 14 The amount of debt to be incurred is $1,025,000.00
including all costs and estimated costs incidental to or connected
with the acquisition,construction,improving,or financing of the
project and all engineering,inspection,legal and fiscal agent’s
fees,costs of the bond election and of the issuance of said bonds,
bond reserve funds and working capital,and bond interest estimated
to accrue during the construction period and for a period of not
to exceed 12 months after completion of construction.
Section l5 The proceedings for the purpose of the bond elec
tion shall be limited and shall apply only to the improvement dis
trict benefited by the acquisitions and improvements and as herein
described,and taxes for the payment of said bonds,if authorized,
and the interest thereon shall be derived exclusively from an annual
tax upon the real property in the improvement district.
Section 16 The number of years not to exceed which the whole
of the bonds are to run is forty (40)years.
Section 17 The bonds shall bear interest ata rate not to
exceed eight percent (8%)per annum,payable semiannually after
the first year.
Section 18 The bond proposition to be submitted to the voters
of Improvement District No.7-1 is as follows:
Shall County Sanitation District No.7 of Orange County
incur a bonded indebtedness for Improvement District
No.7-1 of County Sanitation District No.7 (Orange Park
Acres)in the amount of One Million,Twenty-Five Thousand &no/100’s
(for the objects and purposes ot the
acquisition of rights of service and use in existing
treatment and outfall facilities of District No.7 and
for the purpose of the acquisition or construction of
major trunk lines,facilities,and appurtenances to
serve said improvement district,and the acquisition
of easements,rights of way,and other property or
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structures necessary or convenient therefor,together
with all costs and estimated costs incidental to or
connected with the acquisition,construction,improving,
or financing of the project?
Section 19 Said special elections shall be held and conducted,
the votes thereof canvassed,the returns thereof made,and the
results thereof ascertained and determined as herein provided;and
in all other particulars not prescribed by this Resolution,the
elections shall be held and conducted pursuant to law fOr the
conduct of elections within the Sanitation District.
Section 20 The Board of Supervisors and the County Superin—
tendent of Schools of the County of Orange,State of California,
are hereby requested,pursuant to Chapter 4,Part 2 of Division 12
(comprising Sections 23300 to 23314,inclusive)of the Elections
Code of the State of California,to consent to and order the con
solidation of the Special District Elections proposed to be held
March 8,1977,with the School District Election to be held within
the same territory,or in territory that is in part the same,as
the territory comprising the proposed Improvement District No.7-1
of County Sanitation District No.7 of Orange County,on the same
date.
Section 21 This Board cor~sents to and orders the consolida
tion of said elections.
Section 22 (a)The special elections provided herein are
hereby consolidated with the School District Election which will
be held within the territory proposed for annexation and Improvement
District No.7-1 on said date.The elections shall be held in the
manner provided for the School District Election with which they
are consolidated,and,within the territory affected thereby,for
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said purpose the election precincts,polling places,and officers
of election shall be the same.
(b)All persons who reside within said territory
to be annexed and said Improvement District No..7-1 and who are
registered voters qualified pursuant to law to vote at an election
held on said date shall be qualified to vote upon the propositions
herein submitted at the special elections.
(c)The elections hereby consolidated shall be
held in all respects as if there were only one election and only
one form of ballot shall be used.Ballots for said special elec
tions shall be provided of the form and number provided by law..
On said ballots,in addition to any other printed matter which
may be required by law,two voting squares shall be set off to the
right of each of the propo~sitions submitted at said election,in
the manner provided by law,one having the word “YES”printed
before it,and the other having the word “NO”printed before it.
(d)Each voter to vote for either of said proposi
tions hereby submitted shall stamp or write a cross (+)in the
blank space opposite the word “YES”on the ballot to the right of
said proposition,and to vote against either of .said propositions
shall stamp or write a cross (+)in the blank space opposite the
word “NO”on the ballot to the right of said proposition.
Section 23 The Board of Supervisors of the County of Orange
is hereby authorized,Dursuant to Section 23306 of the Elections
Code,to canvass the returns of the Special District Elections.
The canvass may be made by the County Clerk when the Board of
Supervisors so orders,pursuant to Section 18401 or Section 18462.
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Section 24.The polls shall be opened at 7:00 a.m.of the day
of election and shall be kept open until 8:00 p.m.of the same day,
when the polls shall be closed,except as to voters in line as
provided in Section 14436 of the Elections Code.
Section 25 If,at the special elections provided herein,
it shall appear that a majority of the votes cast on the proposi
tion set forth in Section 12 hereof were in favor of the Proposi
tion and in favor of the annexation,then said proposition shall
be deemed to be accepted and approved,subject,however,to the
terms and conditions herein set forth in Exhibit “B.”If,in
addition,it shall appear that two-thirds of the votes cast on the
proposition set forth in Section 18 hereof are in favor of incurring
the bonded indebtedness as proposed,the annexation shall be deemed
confirmed,and bonds of the County Sanitation District No.7 of
Orange County,issued in the name of said District and designated
“Bonds of County Sanitation District No.7 of Orange County for
Improvement District No.7-1”for the amount stated in this resolu
tion,shall be issued and sold in the same form and manner as bonds
of the entire Sanitation District.In the event of approval of
both propositions,the Certificate of Completion shall be filed
with the Secretary of State,and such annexation shall thereafter
be effective.
Section 26 This Resolution shall be published once a week
for three successive weeks by the Secretary of the Board in the
TUSTIN NEWS ,
a newspaper of general circulation within
County Sanitation District No.7 of Orange County and Improvement
District No.7-1.The Secretary of the Board shall further cause
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a certified copy of this resolution to be transmitted by registered
mail within five (5)days of its adoption to the executive officer
of the Local Agency Formation Comrr~ission,pursuant to Section 56119
of the Government Code.Said mailing shall further constitute
notice to the Commission,pursuant to Section 56315 of the Govern
ment Code,of the exclusion of lands found by this Board not to be
benefited in becoming a part of Sanitation District No.7 and
Improvement District No.7-1.
Section 27 The Secretary of the Board is hereby directed to
file with the Board of Supervisors,the County Superintendent of
Schools,and the County Clerk of the County of Orange certified
copies of thisResolution no later than December 17,1976,as the
request and consent to consolidation of elections to be held on
March 8,1977.
**•****
PASSED AND ADOPTED at an adjourned regular meeting held
December 16,1976.
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4-~
I~NNEXATION NO.51 (76-1)TO
COUNTY SANITATiON DISTRICT NO.7
AU that certain land situated in the unincorporated territory of the County
of Oran9e,State of California,more particularlY described as fol1o~is:
PARCEL 1
Beginningat a point in thc boundary line of Cot~rity Sanitation District No.7
as established by “~n~exati~i ~o..30”,said Point being the Narthwest corner of seH
annexation,said cornar also being a point in the existing boundary line of the ~ty
of Orange as established by “Annexation tZo~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.4~18’45”C.,5~8.22 feet,i~,ore
or le~sN 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.~ad;
Thence leaving said existing boundary line of the City of Orahac and continuing
•along said boundary line of County Sanitation District No.7 as established by
“Annexation No.32”in a general southeasterly and Northerly direction through
Courses 6 and 7 tothe Southerly terminus of that certain course d&scribed as
s•3°49’E.~,260.24 feet”in said existing boundary line of the City of .Orange
•as established by “Annexation No.231”;
Thence continuing along said boundary line of County Sanitation Dist’~.ict No.7
and along said existing boundary line of the City of Orange in a general Northerly
and.Easterly direction through Courses 8 and 8A to the Southerly terminus of that
certain course described as “S.0°23’04”W.,607.88 feet”irs said “AniiexationNo.32”;
Thence~leaving said boundary line of County Sanitation District No;7 and con—
tinuing along said existing boundary line of the City of Orange as established by s~.id
“Annexation No.231”through Courses 9 through 33 to a point in the northerly boundary
~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 the City of Orange as
established by “Annexation No.265”and by “Annexation No.299°and along said
existing boundary of County Sanitation District No.7 as established by “Annexation
t~o.27”in a tIesterly direction along Course 34 a distance of 1149.62 feet;
Thence leaving said existing boundary ofCounty Sanitation District No.7 and
continuing along said existing boundary line of the City of Orange as established
by said “Annexation No.265”in a general Northerly,Westerly and Southerly
direction along Courses Uunber 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 No.265”and along,said boundary line of County Sanitation
District Ho.7 in a Westerly direction along Course 38 a distance of 622.61 feet;
Thence leaving said boundary line of County Senitatior.District No.7 and con
tinuing along said existing boundary line of the City of Orange as establish2d by
said “Annexation No.265”and said “Annexation No.299”in a general Northerly,
Vesterly and Southerly direction through Courses 39 through 52 to a point in the
existing buundary line of County Sanitation District No.7 as established by an
“Exclusion”‘adopted by Orange County Board of Supervisors per Resolution No.61-93
dated January 25,1961;
Thence leaving said existing boundary line of the City of Orange irs a general
South ‘~ester1y direction along said existing boundary line of County.Sanitation
District No.7 as established by said flesolution No.61-93 and by an “Exclusion”
.Idopted by said Board of Supervisors —Oecc.rsber 17,1958 (desitnated as Orarse Park
A on pa~1~thr~u3h Courses 53 through 64 to the Southerly prolon’jation
EXHIBIT “A”
(3 of IlisceflanCouS riaps,Records of said County;
Thence leaving said existing boundary of County Sanitation District tb.7 along
said Southerly prolongation and Westerly line of Tract tio.918 throug’n the fo11o~:ing
bearings and distances (course numbers designated,as 65 through 71):U.1°51’E.,
85O.~8 feet;
Thence N.70 17’20”W.,1039.02 feet;
S
e
Thence 11.53°42’tI.,213.70 feet;
Thence Il.87°33’II.,829.90 feet;
Jhence N.18°00’20”tI.,1416.14 feet;.
Thence N.0°40’50”U.,337.96 feet;
Thence 11.5D~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 ccurse described as “U.7~12’30”E.,
643.26 feet”in said annexation,.
.
Thence in a general Northeasterly direction along said existing boundary lin~
•of the City of Orange as established by said “Annexation No.191”,by “Detachren~No.
191—A”,,by said’”Annexation’flo.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 North’,est corner of “Annexation tb,31”.
Thence leaving said existing bounda~y line of the City of Orange and along said
boundary line of County Sanitation District No.7 as established by said “Annexation’
ho.31”in a~~naral Southerly,Easterly and Northerly direction through Courses 95
through 98 to the Northeast corner of said “Annexation No.31”,said corner bain~a
point in said existing boundary line of the City of Orange as established by said
“Mr,exation i~o.228”;
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 103
to the Point of Beginning.‘
‘..
The above parcel of land contains 537,79 acres,rnoreor less.
•PARCEl.2
..
Beginning at a point in the boundary line.of:County Sanitation District rio.7,
said point being the Northwest corner of an “Exclusion”adopted by the Orange County
Board of Supervisors —Deçenber 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;.
Thence along said boundary line of County Sanitation District No.7 as established
by said ‘Exclusion”through the following courses:S.10 40’50”E.,404.80 feet;
Thence S.480 24’40”E.,57.70 feat;
‘
Thence S.79°24’40”E.,S6.35 feet;
Thence N.00 00’40”IL,470.00 feet;
Thence S.85°44’10”IL,150.37 feet to th~Point ~f Beginning.
The above parcel of land contains 1.47 acres,more or less.
All references to course nunbers ~‘,ithin this description ar~to course nu~bers
~shown on the rap designated ‘Annexation tIe.76—1 to County Sanitation District
ho.7”•The use of said course numbers is to facilitate comparing this descriptiontothemap,-
EXHIBIT “B”
ANNEXATION NO.51 (76—1)TO
COUNTY SANITATION DISTRICT Nb.7
‘FERMS AND CONDITIONS
.1.Approval by.a majority of the voters within the terri!:ory to
be annexed.
2.Payment by the landowners of the annexed territory of $828
per acre for the acrcage involved,being the amount estabJ.ishedas 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
ou~fa11 facilities of District ~o.7.
3.Payment of proponents of all engineering,legal,administrative
and election costs incurred in processing the annexation,to be re.mbursed
from bond proceeds in the event of completion of annexation.
4.That the annexcd territory shall be subject to the terms and
conditions of all ordinances pertaining to fees or connection to the
District facilities and use of ,caid facilities.
S.The territory proposed to be annexed shall concurrently be
annexed into’the 7th and 70th Sewer Maintenance Districts.
.6.The territory,upon annexation,shall be subject to all ad
valorem taxes required for the retirement of all existing and future bonds
‘of the District as.a ~Thole.
•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,compr4sed of
the lands within the proposed annexation or such thereof as are found to
be benefited pursuant to hearings had thereon by the District,such im—
pi-ovcment district to be created concurrently with,and not separately
from,the proceedings for annexation.
8.The approval by the voters of said improvement district (at
an election held concurrently with and not separately from the election
on the annexation)of general obligation bonds determined by the said
Sanitation District No.7 to be sufficient,with applicable incidental
expenses,to pay the following:
a.The sum of money necessary to.acquire appropriate rights
of service and use in the existing treatment and outfall facilities
of Sanitation District No.7 in an amount equal 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.
(1)
EXhIBIT “B”
c.The sums advanced to pay costs of annexation proceedings,
being the amount referred to i.n Condition No.3 thereof.
9.In exchange for the advance of the sums necessary for said
Reaches 17 and 18,by the bond issue,each parcel of land in existence
and of record as of the date of the election shall be entitled,at no
further charge except as provided in Condition No.12 hereof,to one
Connection to the se~er 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 be provided untier
the existing Sanitation District No.7 policy of reimbursement relating
to master plan sewers.
1.1.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 by Ordinance
No.716,of County Sanitation District No.7 those properties receiving
service by direct connection to the trunk sc~zLr shall pay an additional
connection service charge in an amount to be determined by the District.
Those monies shall,upon receipt,be applied for bond redemption.
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(ii)
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STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
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.76-215-7 was regularly passed
and adopted at an adjourned regular meeting of said Board on the 16th day of
December
,
1976
,by the following vote,to wit:
AYES:Directors Donald Saltarelli (Chairman),Pete Barrett,
John Burton,Ralph Clark,John Garthe and Don Smith
NOES:None
ABSENT:Director Francis.Glockner
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
16th day of December
,
19 76.
~%ae~yi4~~tary
Board o~’Jt~irec,.ors.of County
i~’anita9’on Di~’trict No.7.
of Ora~/ge County,California
S-103