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RESOLUTION NO. 980
A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF
TUSTIN MAKING APPLICATION TO THE LOCAL AGENCY
FORMATION COMMISSION FOR THE DISSOLUTION OF THE
ORANGE COUNTY HARBOR DISTRICT IN ACCORDANCE WITH
THE PROVISIONS OF SECTION 56195 OF THE GOVERNMENT
CODE
The City Council of the· City of Tustin does hereby find, determine,
and re s o lye as fo 1 lows:
1. This proposal is 'made pursuant to'the provisions Division One of'
the District Reorganiz .at ion Act of the Califormia State Government Code,
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and specifically Sections 56140 and 56195 thereof.
- 2o This proposal is for the dissolution of the Orange .County' Harbor
District.
3. This proposal, is deemed mandatory under the provisions of Section
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56197 of the Government Codeo
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4. This. proposal for the dissolution of the O~ange County Harbor
District will be for the interest of landowners and present and future in-
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habitants within said districto (Section 5~367, Government Code o)
5, This dissolution proposal is made subject tO the following con-
ditions, as permitted by Government Code Section 56470:
a) All existing assets including but not limited to property,
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real and personal, sh'all be transferred to t:he County of Orange, ex-
.¢ept as provided in sub paragraph (e), hereof° '.
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b) The Local Agency Formation Commission is to determine which
obligations of the.., district may be assumed by the County of Orange,
and those which cannot shall be transferred to the appropriate COunty
Officer for the purpose of succeeding to all of the rights, duties
and obligations of 'the extinguished district: with respect to enforce~-
ment~ performane~ or payment: of any out:standing bonds, or other con-
tracts and obligat'ions of said eXtinguished district°
The functions, duties, and operations of the existing Orange
County Harbor District shall be transferred to the County of Orange,
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to the extent authorized by the Harbors and Navigation Code, especially
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Sections 660 and 663°5 'and the Govert~ment Code, especially Section 25352°
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The Local Agency·Formation Commission .shall determine if
there are any. essential harbor activity functi, on.s. which the County
of Orange is not authorized to perform pursuant to existing State
law, and, if a~y, $h~ll formulate ·legislative proposals for sub-
mission to the 1969 State Legislature°
e) o The Local Agency Formation Commission shall determine that,
in the absence of cooperative agreements between the Harbor District
the County of Orange and cities in w~ich harbors are located, the
duties of pa~trol, law enforcement and fire protection, and the au
t:hority t:o regulate and charge fees for anchorages, wharfages, moorings,
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piers shall vest: in t:he County £n unincorporated areas ~ and the c£ties
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within the incorporated areas°
Existing properties, consisting of anchorages, wharfs, moorings
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and Piers, Other than the facilities of the existing Harbor Districts'
Headquarters, located within incorporated cities, shall be transferred
such cities°
f) The Local Agency Formation Commission shall determine that.
existing county tidelands, held in trust for harbor' purposes, shall be
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retained by the County of Orange, and the revenues obtained from said
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tidelands shall be use.d for regional-harbor purposes', although by
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agreements with cities, said revenue may be paid to cities for per-
forming services of a regional harbor purpose.
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g) The Board of Harbor Commi'ssioners shall be terminated, and
a Board of Beaches, Harbors amd Parks Commissioners shall be established
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as an advisory commissiono
h)
The employees of the district $~all be transferred to the Count~yN.
of Orange with. appropriate employment conversion rights°
The effective date shall be November 1,. 1969, subsequent to
the ratification.election and filing of certificate of completion, and
prior to the due date of 1969-70 taxes°
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6o This dissolu6ion proposal is. made for the following reasons:
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a) Tl'fe original purpose of said harSor district, to'.~witl to
develop and maintain Newport Harbor, has been so greatly changed,
altered and' added to by legislatiVe araendmemt:s that the present purposes,
powers and philosophy of the' harbor district are entirely different
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from the 6riginal purposes, powers and' philosophy of said district, and
b)
There exists overlapping jurisdiction between the Harbor
District and certain cities relating to law enforcement 'and fire fighting,
and .
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¢) lhere appears to be some expenditures by the Harbor District of
funds for local benefit rather than regiona.1 recreational ben'fit, and
d)
There exists a separate taxing jurisdiction in the agency of
the Harbor District, which levies taxes to be used exclusively for harbor
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purposes, and .. ..
e) ' There exists' two parallel administrative agencies, the District
and the County, for the administration of the regional harbors, beaches
and parks program in Orange County'.
7. It is requested that the Orange County Local Agency Formation
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Commission take proceedings for the dissolution of the Orange County Harbor
District proposed herein. '
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It is further resolved by the City Council, that the City Clerk be
instructed to file a certified copy of this resolution with the E~ecutive
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Officer of the L'0cal Agency Formation Commission between March 1 and March 8,
1969,
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PASSED, APPROVED AND ADORED by the City Council of the City of Tustin
at a regular meeting held on the 20th day of January, 1969.
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.......... t" Mayor ....
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'-City Clerk
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· STATE OF CALIFOP~NIA ) ~
·COUNTY OF .ORANGE ) SS ~ · '~
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RuTH C. P~E, Cit~ Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City 'Council of the City of Tustin is five; that the
i above and. foregoing Resolution No. 980 was duly and regalarly in-
troduced, read, passed and adopted ~t a re~ar meeting of the City Comical
· held on. the 20th day of January 1969 by the following
vote- '-- ...... . .................' ' ' ' '
AYES:
COUNCILMEN. Coco, Mack, Klingelhofer, Miller, MArsters
NOES COUNCIL~-N · None ' ' ·
ABSENT:
· COUNCIL~,I · None
City Cle~k~ of Tustin,
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