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HomeMy WebLinkAbout1982-08-05 - Resolution No. 82-26RESOLUTION NO. 82-26 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT FIXING A WATER STANDBY ASSESSMENT FOR FISCAL YEAR 1982-83 WITHIN YLCWD IMPROVE- MENT DISTRICT NO. 1 AND ELECTING TO HAVE SUCH STANDBY ASSESSMENT COLLECTED ON THE FISCAL YEAR 1982-83 TAX ROLL BY THE COUNTY OF ORANGE WHEREAS, in 1978 the Yorba Linda County Water District com- pleted annexation to the District of several ranches in Eastern Yorba Linda and obtained voter authorization for the establish- ment of Yorba Linda County Water District Improvement District No. 1 ("YLCWD ID #0 and for the issuance of up to $27,320,000.00 in general obligation bonds to pay for water production, storage and transmission facilities to serve YLCWD ID #1; and WHEREAS, in 1978 Yorba Linda County Water District issued and sold Series A of YLCWD ID #1 Water Bonds in the face amount of $2,345,000.00 and Yorba Linda County Water District is obligated to make principal and interest payments on such bonds from revenue sources available to the District; and WHEREAS, in 1979 Yorba Linda County Water District issued and sold Series B of YLCWD ID #1 Water Bonds in the face amount of $6,615,000.00 and Yorba Linda County Water District is obligated to make principal and interest payments on such bonds from revenue sources available to the District; and WHEREAS, the land within ID #1 is predominantly undeveloped but initial phases of residential subdivision development have com- menced and the Board of Directors believes that exclusive use of 1 property tax revenue to pay principal and interest on said Series A and B Bonds may result in an inequitable tax burden on the initial phases of development when compared to the taxes collected on the un- developed portions of the Improvement District; and WHEREAS, to avoid or alleviate the potential for inequitable tax burdens on the initial phases of development within YLCWD ID # 1, the California State Legislature has enacted an urgency statute adding Section 31032.12 to the California Water Code (Chapter 291, 1982 Statutes (AB 3637, Lewis)) which authorizes the Yorba Linda County Water District to fix water standby assessments up to $90.00 per acre or portion thereof per year within YLCWD ID #1; and WHEREAS, subdivision (b) of said Water Code Section 31032.12 permits the District to elect to have water standby assessments col- lected on the tax roll in the same manner, by the same persons, and at the same time as, and together with and not separately from, County taxes; and WHEREAS, the District has retained a qualified assessment Engineer, and said Engineer has submitted a.written report to the District Secretary and the Board of Directors recoiniending that ad valorem water bond prop- erty taxes collected within YLCWD ID #1 be supplemented by the levy and collection of a water standby assessment in order to raise sufficient revenue to pay principal and interest on YLCWD ID #1 Series A and Series B Bonds; and WHEREAS, in accordance with the requirements of law, Yorba Linda County Water District has caused notice of the filing of said report and of a time and place of hearing thereon to be published in a news- 2 • paper of general circulation and caused said notice to be mailed to the landowners within YLCWD ID #1 and a hearing has been held to hear and consider all objections and protests to the report; and WHEREAS, Section 31032.3 of the California Water Code permits this Board to adopt, revise, change, reduce or modify an assessment or overrule any and all objections to the original report. NOW, THEREFORE, the Board of Directors of the Yorba Linda County Water District does hereby resolve, determine and order as follows: Section 1. The aforesaid Engineer's Report for the Yorba Linda County Water District Standby/Availability Assessments for Improve- ment District No. 1 for the 1982-83 fiscal year is hereby approved and adopted. Section 2. Yorba Linda County Water District Improvement District No. 1 1982-83 water standby assessments are hereby fixed in the amounts and against the assessable parcels of land shown in Exhibit "C" attached hereto and by this reference incorporated herein. Section 3. The water standby assessment fixed by Section 2 hereof is necessary to raise funds for interest or principal payments on bonds of YLCWD ID #1. Section 4. The Board of Directors of the Yorba Linda County Water District hereby finds that the assessments fixed herein correspond to the benefits of YLCWD ID #1 Series A and Series B Bonds received by the respective assessed parcel and that said assessments further cor- respond to the land uses and the degree of availability or quantity of use of such water to the affected lands. Section 5. In accordance with subdivision (b) of Section 31032.12 3 of the California Water Code, the County of Orange Auditor-Controller is hereby requested to collect the standby assessment fixed herein on the tax roll in the same manner, by the same persons, and at the same time as, and together with and not separately from, County taxes. Section 6. The General Manager or his designee is authorized and directed to file with the County of Orange Auditor-Controller a cer- tified copy of this Resolution together with the listing of parcel numbers and amounts of assessments as shown in Exhibit "C" and such other documentation as the County Auditor-Controller may require in order to accomplish the purposes of this Resolution. PASSED AND ADOPTED by the Board of Directors of the Yorba Linda County Water District at adjourned meeting held on the 5th day of August, 1982. Presi-d'ent oft 6oar`d ATTEST: Secr ! ary of the Board of Dire tors of the Yorba Linda County Water District STATE OF CALIFORNIA ) COUNTY OF ORANGE ss I, Jean E. Mathews, Secretary of the Board of Directors of the Yorba Linda County Water District, do Hereby Certify that the foregoing resolution No. 82-26 was duly adopted by the Board of Directors of said District at adjourned meeting of said Board, duly held on the 5th day of August, 1982, and that it was so adopted by the following vote: AYES: Directors Howard Lindow, Fred Clodt, Whit Cromwell, Paul Armstrong and M. Roy Knauft. NOES: none ABSENT: none ABSTAIN: none Secre y of the Board of Directors of the Yorba Linda County Water District (SEAL)