HomeMy WebLinkAbout1983-08-11 - Resolution No. 83-110 0
RESOLUTION NO.83-II
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE YORBA LINDA COUNTY WATER DISTRICT
FIXING A WATER STANDBY ASSESSMENT FOR
FISCAL YEAR 1983-84 WITHIN YLCWD IMPROVE-
MENT DISTRICT NO. 1 AND ELECTING TO HAVE
SUCH STANDBY ASSESSMENT COLLECTED ON THE
FISCAL YEAR 1983-84 TAX ROLL BY THE COUNTY
OF ORANGE
WHEREAS, in 1978 the Yorba Linda County Water District completed
annexation to the District of several ranches in Eastern Yorba Linda and
obtained voter authorization for the establishment of Yorba Linda County
Water District Improvement District No. 1 ("YLCWD I.D. #1") 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
I.D. #1; and
WHEREAS, in 1978 Yorba Linda County Water District issued and
sold Series "A" of YLCWD I.D. #1 Water Bonds in the face amount of $2,345,000
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 I.D. #1 Water Bonds in the face amount of $6,615,000
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 I.D. #1 is predominatly underveloped but
initial phases of residential subdivision development have commenced and
the Board of Directors believes that exclusive use of 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 undeveloped 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 I.D. #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 I.D. #1; and
WHEREAS, subdivision (b) of said Water Code Section 31032.12
permits the District to elect to have water standby assessments collected
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
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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 recommending that ad
valorem water bond property taxes collected within YLCWD I.D. #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 I.D. #1 Series "A" and Series "B" Bonds; and
WHEREAS, in accordance with the requirements
Linda County Water District has caused notice of the
report and of a time and place of hearing thereon to
newspaper of general circulation and caused said not
to the landowners within YLCWD I.D. #1 and a hearing
hear and consider all objections and protests to the
of law, Yorba
filing of said
be published in a
ice to be mailed
has been held to
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 Improvement
District No. 1 for the 1983-84 fiscal year is hereby approved and adopted.
Section 2. Yorba Linda County Water District Improvement
District No. 1 1983-84 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 I.D. #1.
Section 4. The Board of Directors
District hereby finds that the assessments
the benefits of YLCWD I.D. #1 Series "A" a
by the respective assessed parcel and that
respond to the land uses and the degree of
use of such water to the affected lands.
of the Yorba Linda County Water
fixed herein correspond to
id Series "B" Bonds received
said assessments further cor-
availability or quantity of
Section 5. In accordance with subdivision (b) of Section 31032.12
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 certified
copy of this Resolution together with the listing of parcel numbers and
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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 11th day of
August, 1983.
AYES: Directors Lindow, Clodt, Cromwell, Armstrong and Knauft.
NOES: None
ABSENT: None
ABSTAIN: None w''!(1.
41 esidentf the &o d
ATTEST:
ecret y of the Board of Directors
of thorba Linda County Water
District
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•
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Ralph C. Shook, Secretary of the Board of Directors of
the Yorba Linda County Water District, do hereby certify that the
foregoing Resolution No. 83-11 was duly adopted by the Board
of Directors of said District at adjourned meeting of said Board,
duly held on the 11th day of August, 1983, and that it was so
adopted by the following vote:
Ayes: Directors Lindow, Clodt, Cromwell, Armstrong and Knauft
Noes: None
Absent: None
Abstain: None
Seoetary 9t the Boar of Directors
of the Yorba Linda County Water District