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Home My WebLink About1970-08-26 - Resolution No. 197y a • RESOLUTION NO. 017 *i :FC 8/25 /70 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT CONCERNING PROPOSED DETACHMENT 70-2 FROM THE YOR13A LINDA COUNTY WATER DISTRICT WHEREAS, the owner of approximately a 10-acre parcel known as the Hale property has requested detachment from the Yorba Linda County Water District, which said requested detach- ment has been designated "Detachment 70-2 From the Yorba Linda County Water District"; and W1IEREAS, the Board of Directors of said district has carefully reviewed the requested detachment and the district's commitment to the water users, taxpayers and bondholders, as well as the long history of problems involving the City of Placentia and the Southern California Water Company in the area of said detachment; and WHEREAS, the property, which is the subject of Detach- ment 70-2, was included in the original incorporation of the Yorba Linda County Water District at the request of the owners thereof; and WHEREAS, the Yorba Linda County Water District has con- sistently advised the Local Agency Formation Commission since its formation in 1963, that the annexation to the City of Placentia of territory of the Yorba Linda County Water District created a present, as well as a future, problem for water and sewer service within the areas so annexed; and that service boundaries should either he agteed upon by said city and dis- trict or determined by the Local Agency Formation Commission, and said agencies required to conform thereto; and WHEREAS, litigation between the Yorba Linda County Water District and the City of Placentia, and others, has occurred as a result of these problems, by reason of which a determination A 0 0 r of service area boundaries by court order and resulting negoti- ated agreement between said District and said City has been made, which said agreement provides that the Yorba Linda County Water District will provide water service to the property, which is the subject of Detachment 70-2; and WHEREAS, the Yorba Linda County Water District has con- structed and is presently operating a water system designed, constructed and master-planned to include service to the area proposed for exclusion at a substantial cost for which general obligation bonds in the amount of $1,900,000 have been issued and sold; and WHEREAS, said facilities have been constructed, pursuant to a policy to provide the highest quality water service con- sistent with appropriate concern for cost; and WHEREAS, it appears that despite the best efforts of the Yorba Linda County Water District that continual problems, disputes and conflicts regarding service of sewer and water will be generated along its westerly service boundary; NOW, THEREFORE, be it RESOLVED, DETERMINED AND ORDERED by the Board of Directors of Yorba Linda County Water District as follows: 1. This Board reaffirms and states its opposition to the proposed detachment known as "Detachment 70-2 from the Yorba Linda County Water District." 2. In the event said detachment: is denied, the Yorba Linda County Water District will agree to provide water service to the proposed detachment area under a contract similar to that provided I)v- an investor-owned public utility regulated by the California Public Utilitv Commission having refund provisions if the Local Agency Formation Commission determines it is proper. 3. The District will agree to annex and to serve, both water and sewer to the 20-acrd Christensen property adjoining Detachment 70-2, and would provide water service to such pro... r% 2. • after annexation on the basis of a refund contract similar to that approved by the Public Utility Commission. 4. The Yorba Linda County Water District will initiate and process to completion the detachment of the approximate 10 acres of territory within its boundaries located north and east of the intersection of Valencia and Yorba Linda Boulevard, known as Tract 4307, which territory is now served by Southern Cali- fornia Water Company. 5. In order to provide an overall solution of the prob- lems of water and sewer service in the western portions of the Yorba Linda County Water District which have been annexed into the City of Placentia, upon agreement of the need therefor by said city and the Local Agency Formation Commission, the Directors of the Yorba Linda County Water District would be agreeable to withdraw its opposition to "Detachment 70-2" and agree thereto on the following terms and conditions: (a) Southern California Water Company will agree, subject to P.U.C. approval as required, to transfer to the Yorba Dada County Water District all of its present customers from the Locke Ranch system to the Yorba Linda County Water District in considera- tion Cor a transfer of the ;;zme number of dist_ri_ct custo- mers along the westerly boundary of said district to said Southern California Water Company. The engineering considerations and service requirements would determine the exact boundaries and numbers of such customers to be exchanged by the Yorba Linda County Water District in consideration for all of the Locke Ranch system, but generally the area from which this transfer of customers Teould be made would be northerly of Yorba Linda Boulevard and westerly of the Rancho San Juan Cajon de Santa Ana line, or the Carbon Creek Channel, whichever is more 3. A 0 0 r westerly. In addition to said exchange of customers on as near as possible one-for-one basis, the Yorba Linda County Water District will pay to the Southern California Water Company the sum of $350,000 for reservoir, wells, MWD connections and related facili- ties involved in the Locke Ranch system, less any neces- sary adjustments for liabilities owed against such facilities in the form of payback contracts, customer advances, mortgages, etc. (b) The Yorba Linda County Water District will sell and transfer to the City of Placentia any and all of the sewer system related to the areas being transferred to the Southern California Water Company for future service on the same basis as the Yorba Linda County Water District and the City of Yorba Linda have recently purchased from the City of Placentia the sewer system serving the Locke Ranch and related area. (c) The Local Agency Formation Commission approve the annexation of the Locke Ranch system to the Yorba Linda County Water District for water and sewer service, and would approve the detachment of the area involved in the substitution of services from the Yorba Linda County Water District as outlined in sub- paragraph (a) hereof. 6. In order to prevent any delay in development of the subject property as a result of delays in determining water or sewer service, Yorba Linda County Water District will agree that if th( Local Agency Formation Commission prefers the solu- tion proposed by paragraph 5 hereof, the District will provide interim water and sewer service on the terms proposed in para- graphs 2 and 3 and will agree that when Southern California 4. 41 • 6 Water Company is in a position to make the exchange of customers as provided in said paragraph 5, the territory within Detachment 70-2 will be transferred to Southern California Water Company for water service without additional consideration other than payment to District of non-recoverable costs, and the exchange provided for in said paragraph 5 will he completed. 7. Ralph Shook, General Manager, and H. Rodger Howell of Rutan & Tucker, attorneys for the District, are authorized to appear at any and all proceedings involving this detachment for and on behalf of the District. Resolution No. f~ was passed and adopted by the Board of Directors of Yorba Linda County Water District at a regular meeting held on the 26th day of August, 1970, by the following vote: AYES: NOES: ABSENT: Jean E. Mathews, Secretary Ra1T-~h A. McGuire. President