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Resolution Number 68-12-9-345 RESOLUTION NO. 68-12-9-3 RESOLUTION OF APPLICATION OF THE CITY OF SAN JUAN CAPISTRANO FOR THE ESTABLISHMENT OF ORANGE COUNTY WATERWORKS DISTRICT NO. 4 AS A SUBSIDIARY DISTRICT OF SAID CITY December 9, 1968 On motion of Councilman Durnford, duly seconded and carried, the following Resolution was adopted: WHEREAS, the total taxable area of the Orange County Waterworks District No. 4 (hereafter referred to as "DISTRICT") is approxi- mately 8,600 acres; and WHEREAS, approximately 8,000 acres thereof comprising more than eighty percent (80%) of the area of taxable or assessable land within DISTRICT as shown on the last equalized assessment roll of the County of Orange lies within the City of San Juan Capistrano (hereafter referred to as "CITY"); and WHEREAS, DISTRICT is a "district of limited powers" within the definition of Section 56040 of the Government Code; and WHEREAS, CITY desires to initiate proceedings for either the merger of DISTRICT into CITY or the establishment of DISTRICT as a subsidiary district of CITY; NOW, THEREFORE, BE IT RESOLVED that: 1. This proposal is made pursuant to Division 1, Title 6, commencing with Section 56000, of the Government Code. 2. The nature of the,proposed change of organization is the merger of Orange County Waterworks District -No. 4 into the City of San Juan Capistrano, or in the alternative, the establishment of said DISTRICT as a subsidiary district of the said CITY. 3. The aforesaid change of organization is proposed for the Orange County Waterworks District No. 4 and the City of San Juan Capistrano. 4. The following are the proposed terms and conditions to which the proposed change of organization is desired to be subject: a. That an advisory board consisting of five (5) members be established. b. That three (3) members of said board be appointed by the City Council from the residents of the City of San Juan Capistrano; one (1) member to be appointed by the City Council from the Dana Knolls area; and one (1) member to be appointed by the City Council from the northerly area of DISTRICT lying outside the boundaries of CITY. C. That the advisory board shall advise and make recommend- ations to the City Council on the budget, water rates, personnel, and such other matters as may be established from time to time by regulation of the City Council. 5. The reasons for the proposed change of organization are as follows: Eighty-nine percent (89%) of the total area of the DISTRICT lies within the CITY; seventy-four percent (74%) of the inhabitants of DISTRICT reside within the CITY. The CITY'S Director of Public Works is also the Superintendent and Manager of the DISTRICT and many of the functions and activities of CITY and DIS- TRICT are correlated. CITY possesses the present capability of assuming all of DISTRICT'S functions. The transfer of the governing body from the Board of Supervisors to the City Council is, therefore, a logical step in placing the government of the DISTRICT at the seat of the DISTRICT'S activities. Aside from the replacement of the Board of Supervisors as the DISTRICT'S directors, the DISTRICT will continue to function in the same manner under the County Waterworks District Law. 6. BE IT THEREFORE RESOLVED that this Council hereby requests that proceedings be taken for the merger of Orange County Waterworks District No. 4 into the City of San Juan Capistrano, or in the alternative, that the Orange County Waterworks District No. 4 be established as a subsidiary district of the City of San Juan Capistrano. ATTEST• Cityz-Clerk of the City San Juan Capistrano Mayor of the City o San Juan Capistrano W4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, California, hereby certify that the foregoing is a true and correct copy of a Resolution of the City Council of said City numbered 68-12-9-3, adopted by the City Council on the 9th day of December, 1968, and was so passed and adopted by the following stated vote, to wit: AYES: COUNCILMEN: DURNFORD, BATHGATE, FORSTER, OLIVARES and CHERMAK NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE