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Reso 1983-400a RESOLUTION NO. f3-goD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, INITIATING PROCEEDINGS FOR THE DETACHMENT OF CERTAIN TERRITORY FROM THE DISTRICT; SETTING FORTH REASONS FOR THE PROPOSED DETACHMENT; SETTING FORTH TERMS AND CONDITIONS OF THE PROPOSED DETACHMENT; FIXING THE TIME AND PLACE FOR HEARING ON THE PROPOSED DETACHMENT; AND PROVIDING FOR THE LODGING OF PROTESTS, IF ANY. THE BOARD OF DIRECTORS OF THE COSTA MESA SANTIARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: THAT, WHEREAS, the Board proposes to detach certain territory from the District, the legal description and a plat map of which are attached to this Resolution marked Exhibit "A" and by this specific reference made a part hereof; and WHEREAS, the Board desires to provide for public hearing and other matters relative to said detachment; NOW, THEREFORE, BE IT RESOLVED that the preliminary proceedings were commenced by application of the Costa Mesa Sanitary District to the Local Agency Formation Commission of Orange County, said body having acted by Resolution No. 83 -44, passed and adopted June 22, 1983, approving said detachment; and BE IT FURTHER RESOLVED that said Local Agency Formation Commission identified said detachment in a short form designation of Detachment No. 83 -01 from the Costa Mesa Sanitary District, said body having approved the legal description and plat map attached to this Resolution marked Exhibit "A "; and BE IT FURTHER RESOLVED that the territory to be detached is in- habited; and BE IT FURTHER RESOLVED that the reason for the proposed detachment is that the City of Newport Beach has annexed this territory and will make provision for sanitary sewer service and a further reason being to relieve properties within the detached territory from a user's fee for liquid waste disposal being imposed by the Costa Mesa Sanitary District; and BE IT FURTHER RESOLVED that the Local Agency Formation Commission has designated the Costa Mesa Sanitary District as the conducti=ng district and has directed it to initiate proceedings in compliance with its Resolution 83 -44; and BE IT FURTHER RESOLVED that the Board of Directors of the Costa Mesa Sanitary District is directed to initiate and conduct proceedings in accordance with Chapter.l, Part 5, Division 1 of Title 6 of the Government Code; and BE IT FURTHER RESOLVED that if an election be necessary to confirm the order for detachment, the same shall be called, held and conducted upon such detachment only within the territory ordered to be detached; and BE,,IT FURTHER-RESOLVED that upon completion of the detachment of the territory from the Costa Mesa Sanitary District, said territory shall be relieved from liability for payment of all or any part of principal or interest or any other amounts which may be due or become due on account of all or any part of the bonded indebtedness, contracts or obligations including, but not by way of limitations, any judgment or judgments against the Costa Mesa Sanitary District that said territory shall be relieved from the levying or fixing and collecting of any tax or assessment or service charge as may be made for the payment therefor; BE IT FURTHER RESOLVED that the Local Agency Formation Commission has ordered that the Costa Mesa Sanitary District be liable for all fees necessary to conduct and complete the proposed detachment; BE IT FURTHER RESOLVED that the 8th day of December , 1983 at the hour of 7:30 P.M. at the City Council Chambers for the City of Costa- Mesa at 77 Fair Drive, Costa.Mesa, California shall be the time and place for the public hearing on the.proposed detachment; and BE IT FURTHER RESOLVED that any interested person desiring to make written protest against said detachment shall do so by written communication I filed with the Clerk-of the conducting district not later than the hour set for the public hearing; and -2- BE IT FURTHER RESOLVED that written protest by landowners shall contain a description sufficient to identify the land owned by him, her or it and that any protest by a voter shall contain the residential address for such voter; BE IT FINALLY RESOLVED that the Staff of the Costa Mesa Sanitary District provide for the publication, posting and mailing of notice as required by law. PASSED AND ADOPTED this day. of 1983. C C d resi ent ta Mesa Sanitary Distrct ATTEST: _ Secretary APPROVRD AS TO FORM: Q E, - rnev for Dist STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I, Florine T. Reichle Assistant Secretary of the COSTA MESA SANITARY DISTRICT of Orange County, California., DO HEREBY CERTIFY, that the foregoing Resolution No. 83 -400 was duly passed, approved and adopte_d.by said Board, approved and signed by the President of said Board and attested; to by the Secretary of said Board, all at a regular meeting of said Board held on the 13th day of October , 1983, and that the same was passed and adopted by the following.roll call vote: AYES: DIRECTORS: Wahner, Crank, Hutchison, Hanson, Green. NOES: DIRECTORS: None ABSENT: DIRECTORS: None DATED this 13 tb day of 1983. Assstannt ecretary -3-