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HomeMy WebLinkAbout1978-07-13 - Resolution No. 78-45y 0 0 RESOLUTION NO. 78- 45 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT DETERMINING AND ORDERING ANNEXATION NO 78-3 TO THE YORBA LINDA COUNTY WATER DISTRICT WHEREAS, the Annexation 78-3 to Yorba Linda County Water District was proposed by a petition of the land owners; and WHEREAS, on March 22, 1978, by Resolution No. 78-40 the Local Agency Formation Commission approved said proposal for annexation, and assigned to said Annex- ation the designation of "Annexation No. 78-3 to Yorba Linda County Water District," designated Yorba Linda County Water District as the conducting district, directed said district to initiate proceedings in compliance with said resolution and authorized the annexation of said territory without notice and hearing provided that a written letter of consent to such annexation is received from the property owners; and WHEREAS, this Board by Resolution No. 78-13, dated March 14, 1978, proposed terms and conditions for proposed Annexation No. 78-3 and the land owners later consented to such terms and conditions for proposed Annexation 78-3; and WHEREAS, on April 26, 1978 by Resolution No.78-91 the Local Agency Formation Commission approved different terms and conditions for Annexation No. 78-3; and WHEREAS, on May 4, 1978 the property owners, by an agreement entitled "Pre- annexation Agreement Between the Yorba Linda County Water District, Broadmoor Homes, Inc., and Amos Travis" consented to Annexation 78-3 without notice and hearing; and NOW, THEREFORE, the Board of Directors of the Yorba Linda County Water District does hereby resolve, order and determine as follows: SECTION 1: Pursuant to Government Code Section 56322 and the authorization of the Local Agency Formation Commission of Orange County as set forth in its Resolution No. 78-40 and 78-91, the territory described in Exhibit "A" attached hereto shall be, and hereby is, annexed to and included within the boundaries of the Yorba Linda County Water District. SECTION 2: Pursuant to Government Code Section 56470 and the authorization of the Local Agency Formation Commission of Orange County as set forth in its Resolution No. 78-40 and 78-91 this Annexation is ordered subject to the following terms and conditions: (a) The territory within Annexation No. 78-3 to the Yorba Linda County shall be annexed without annexation fees or any provision or liability for payment of taxes or expenses of the District incurred prior to the effective date of the annexation. (b) The territory within Annexation 78-3 to the Yorba Linda County Water District shall not be liable for the assessment, levy, collection or payment of any property tax of the Yorba Linda County Water District 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 operation and main- tenance expenses incurred to provide water service and facilities to said territory. r • (c) The territory annexed to the Yorba Linda County Water District shall also be included within Improvement District No. 1 of the Yorba Linda County Water District and subject to privileges and obligations, including bonded indebtedness of such Improvement District No. l,if, as and when said Improvement District No. 1 is formed by Yorba Linda County Water District. (d) The terms and conditions of Annexation No. 78-3 shall include any agreements between the property owners and the Yorba Linda County Water District which are not inconsistent with the here- inabove set forth terms and conditions. SECTION 3: The Secretary is authorized and directed to make the filings provided for in Government Code Sections 56450, et se q., and 54900,et seg. ADOPTED this 13 day of July 1978, by the following roll call vote: AYES: Knauft, Lindow, Clodt, Cromwell and Korn NOES: None ABSENT: None ABSTAIN: None President ATTEST: SECRETARY (SEAL)