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HomeMy WebLinkAbout1978-05-04 - Resolution No. 78-25r 9 4 RESOLUTION NO. 78-25 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT DECLARING THE POLICIES OF THE YORBA LINDA COUNTY WATER DISTRICT WITH RESPECT TO IMPROVEMENT DISTRICT NO. 1 WHEREAS, property owners in the east Yorba Linda area, have requested that the District provide water and investigate methods of financing the extension of facilities necessary to provide water within such area; and WHEREAS, the District contemplates, after due consideration of all alternatives, financing the construction and installa- tion of water facilities necessary to serve the property in the east Yorba Linda area through the formation of one or more improvement districts and the issuance of general obli- gation bonds; and WHEREAS, the District has passed a resolution calling a hearing with respect to the formation of Improvement District No. 1, the boundaries of which will be approximately coter- minous with the property extending from the westerly boundary of the Kramer Ranch east through the District and those lands annexed or proposed to be annexed to the District exclusive of the Bryant Ranch; and WHEREAS, a portion of Improvement District No. 1 is exempt from District taxes except for those property taxes necessary to provide for payment of indebtedness specifically incurred to provide water service and facilities to said territory and also excepting those property taxes necessary to provide for payment of that portion of the District's general obligation and maintenance expenses incurred to provide water service and facilities to said territory; and WHEREAS, a portion of Improvement District No. 1 is subject to all District taxes; and WHEREAS, the District is desirous of equalizing the burden of District taxes on property within Improvement District No. 1 and has adopted a resolution declaring the District's intention to reduce the District-wide general fund tax to zero by fiscal year 1982-1983; and WHEREAS, the District contemplates that water facilities for the Improvement District shall be completed on a timely basis to avoid insofar as possible the delay of construction schedules because of the unavailability of water or lack of facilities; and WHEREAS, the property owners have requested that the District state its policy as to the costs and timing of such installa- tion, and the property owners have indicated their consent to the formation of Improvement District No. 1. -1- NOW, THEREFORE, the Board of Directors of the Yorba Linda County Water District does hereby resolve, declare, find, determine and order as follows: Section 1: The District intends to subject the property within Improvement District No. 1 only to ad valorem taxes, assessments, charges, fees, and other exactions or impositions authorized or incurred for the benefit of and on behalf of Improvement District No. 1. The District shall diligently pursue and seek legislation or any other measures necessary to relieve the property which is presently within the District and is proposed to be within Improvement District No. 1 from the presently existing tax rate of the District. The District has adopted a Resolution declaring the District's intention to reduce the District-wide general fund tax to zero by fiscal year 1982-1983. Section 2: The District shall prepare and adopt a Plan of Works for water facilities to serve Improvement District No. 1 and shall consult and cooperate with the property owners within Improvement District No. 1 in the preparation of such Plan of Works. Such plans shall designate, in general, among other things: (a) the location of the facilities; (b) the sizing and oversizing of the facilities; (c) the phasing of construction of the facilities; (d) the acquisition of use and capacity rights; (e) the acquisition of property and interests in property; and (f) cost estimates of each construction phase of the facility. At least fifteen (15) days prior to the approval of plans and specifications for the construction of each phase of the facilities, the Board of Directors shall provide to the owners of property in the Improvement District notice of the date, time and place when said plans and specifications shall be considered and shall afford all such owners an opportunity to be heard on the design of such facilities. The Board of Directors shall consider all comments in its deliberations respecting approval, disapproval, or modifications of such plans and specifications. Section 3: In the event that the facilities of Improvement District No. 1 are used for the benefit of lands located out- side of Improvement District No. 1, the Board of Directors shall require such other lands to share proportionately in the costs of the facilities, including payments therefor made on behalf of any bonds issued for Improvement District No. 1. Section 4: The Board of Directors shall use its best efforts to pursue diligently the construction of facilities in Improve- ment District No. 1 to provide water on a timely basis to lands -2- 9 0 within the Improvement District. However, the District shall have no liability for its failure in good faith to achieve such construction. The bonds of Improvement District No. 1 will be sold in order to permit timely installation and con- struction of said facilities but the bonds will not be sold until there exists a demonstrable need for the facilities (including, without limitation, a request for water service which cannot be met f rorr. existing district facilities) for which they are issued; provided, however, that the District may issue bonds to acquire sites and rights of way prior to the acquisition of such sites and rights of way. Section 5: In the event that interim financing is necessary prior to the sale of any series of bonds for Improvement Dis- trict No. 1, the Board of Directors will consider plans which include landowner advance cash deposits and the use of District surplus. In the event that landowner advance cash deposits are utilized, the District contemplates refunds to each land- owner out of bond proceeds pursuant to separate water service applications. Section 6: In the event that such bonds are not approved, the District, after discussion with affected property owners, will consider alternate means of financing, which may include non-refundable landowner charges, to achieve a fair and equit- able method of financing the system of water facilities to serve the area of proposed Improvement District No. 1. Adopted, signed, and approved this 4th day of May 1978. S/ M. Roy Knauft Jr. President, Yorba Linda County Water District and the Board of Directors thereof. STATE OF CALIFORNIA) ss. COUNTY OF ORANGE ) I, JEAN MATHEWS, Secretary of the Board of Directors of Yorba Linda County Water District, do hereby certify that the foregoing resolution was duly adopted by the Board of Directors of said District at an adjourned regular meeting said Board held on the 4 day of May 1978, and that it was so adopted by the following vote: AYES: DIRECTORS Knauft, Li ndow, Clodt and Cromwell NOES: DIRECTORS None ABSENT: DIRECTORS Korn S / Jean E. Mathews Secretary of Yorba Linda County Water District and of the Board of Directors thereof. (SEAL) -3-