HomeMy WebLinkAbout1983-08-11 - Resolution No. 83-12RESOLUTION NO. 83-12
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
IMPROVEMENT DISTRICT NO. 2 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 certain lands then known as the Bryant Ranch
(now Lomas de Yorba) and obtained voter authorization for the
establishment of Yorba Linda County Water District Improvement
District No. 2 ("YLCWD I.D. No. 2") and for the issuance of
$41,660,000.00 in General Obligation Bonds to pay for water
Production, Storage and Transmission facilities to serve YLCWD
I.D. No. 2; and
WHEREAS, in 1979 Yorba Linda County Water District issued and sold Series
"A" of YLCWD I.D. No. 2 Water Bonds in the face amount of
$1,005,000.00 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 YLCWD I.D. No. 2 is predominantly undeveloped 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 of said
Series "A" 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 alleviate the potential for inequitable tax burdens on the
initial phases of development within YLCWD I.D. No. 2 the
California State Legislature has enacted an urgency statute adding
Section 31032.10 to the California Water Code (Chapter 231, 1981
Statutes (AB 2097, Lewis)) which authorizes the Yorba Linda County
Water District to fix water standby assessments up to $250.00 per
acre per year within YLCWD I.D. No. 2; and
WHEREAS, subdivision (b) of said Water Code Section 31032.10 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
WHEREAS, the District staff 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. No. 2 be
supplemented by the levy and collection of a water standby assess-
ment in order to raise sufficient revenue to pay principal and
interest on YLCWD I.D. No. 2 Series "A" Water Bonds; and
A
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 theron to be published in a
newspaper of general circulation and caused said notice to be
mailed to the landowners within YLCWD I.D. No. 2 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 Yorba Linda County Water District
Improvement District No. 2 Report on 1983-84 Water
Standby Assessment is hereby approved and adopted.
Section 2. Yorba Linda County Water District Improvement
District No. 2 1983-84 water standby assessments
are hereby fixed in the amounts and against the
assessable parcels of land shown in Exhibit "A"
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. No. 2
issued prior to January 1, 1983.
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
I.D. No. 2 Series "A" Bonds received by the
respective assessed parcel and that said assess-
ments further correspond 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 31032.10
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 amounts
of assessments shown in Exhibit "A" and such other
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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 on the 11th day of August,
1983.
AYES: Directors Lindow, Clodt, Cromwell, Armstrong and Knauft.
NONES: None
ABSENT: None
ABSTAIN: None
President
Board of Directors
Yorba Linda County Water District
ATTEST:
W4retar
Board of Directors
Yorba Linda County Water District
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