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HomeMy WebLinkAbout1987-01-22 - Resolution No. 87-02r . YORBA LINDA WATER DISTRICT RESOLUTION NO. 87-02 RESOLUTION DETERMINING THAT THE ISSUANCE OF NOT-TO-EXCEED $13,000,000 PRINCIPAL AMOUNT OF YORBA LINDA WATER DISTRICT, IMPROVEMENT DISTRICT NO. 2 1987 REFUNDING BONDS IS NOT SUBJECT TO PRIOR INVESTIGATION, REPORT AND APPROVAL PURSUANT TO THE DISTRICTS SECURITIES INVESTIGATION LAW OF 1965 WHEREAS, the Board of Directors (the "Board") of the YORBA LINDA WATER DISTRICT (the "District") proposes to authorize the sale and issuance of not-to-exceed $13,000,000 principal amount of its Improvement District No. 2 1987 Refunding Bonds (the "Bonds") for the purpose of refunding Improvement District No. 2 1979 Water Bonds, Series B in the outstanding principal amount of $9,795,000; and WHEREAS, the Board wishes to determine that the issuance of the Bonds is not subject to prior investigation, report and approval by the Districts Securities Division of the Office of the State Treasurer under the District Securities Investigation Law of 1965 (Government Code Section 58750 et seq.); and WHEREAS, the Board has been presented a certificate signed by the Auditor of the District certifying the amount of the outstand- ing indebtedness of Improvement District No. 2, the principal amount of the Bonds and the assessed value of the real property within Improvement District No. 2, which certificate is attached hereto as Exhibit "A"; and WHEREAS, it appears from said certificate that issuance of the Bonds is not subject to investigation, report and approval as 0 0 provided in Section 58753 and may be determined by resolution of this Board to be exempt as provided in Section 58756; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: 1. The Board hereby finds that the above recitals are true and correct. 2. The Board hereby determines, pursuant to Government Code Section 58756, that the issuance of the Bonds is not subject to prior investigation, report and approval by the Districts Securi- ties Division of the Office of the State Treasurer purusant to the District Securities Investigation Law of 1965 because the amount of Improvement District No. 2's share of the outstanding indebted- ness of the District, plus the outstanding balance of the Improve- ment District 1979 Water Bonds, Series A and B Bonds, plus the amount of the proposed Bonds does not exceed 200% of the assessed value of the land and improvements within Improvement District No. 2, as shown on the last equalized assessment roll for Orange County, California. 3. The Board hereby authorizes and directs its legal coun- sel, Rutan & Tucker, to file a certified copy of this resolution, together with the Auditor's Certificate attached as Exhibit "A", with the Districts Securities Division of the Office of the State Treasurer, in the manner prescribed by Government Code Section 58756 and 10 Administrative Code Section 1910, and to request that, in accordance with said law, written notice be given to the -2- 0 0 District that the proposed Bonds are not subject to prior investi- gation, report and approval. PASSED AND ADOPTED on January 22, 1987, by the following vote: AYES: Directors Paul Armstrong, M. Roy Knauft, Jr., William R. Mills, Jr. Whit Cromwell NOES: None ABSTENTIONS: None ABSENT: Sterling Fox President of the Board of Directors of the Yorba Linda Water District ATTEST: r'er orin y o the ba Lda C. Sec ta ter District -3- SECRETARY'S CERTIFICATE I, RALPH SHOOK, Secretary of the YORBA LINDA WATER DISTRICT, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Directors of said District, duly and regularly held at the regular meeting place thereof on January 22, 1987, of which meeting all of the members of said Board had due notice and at which a majority thereof was present, and that at said meeting said resolution was adopted by the following vote: AYES: Directors Paul Armstrong, M. Roy Knauft, Jr., William R. Mills, Jr. Whit Cromwell NOES: None ABSTAIN: None ABSENT: Sterling Fox I further certify that I have carefully compared the same with the original resolution on file and of record in my office; that the foregoing is a full, true and correct copy of said origi- nal resolution; and that the foregoing has not been amended, modi- fied and rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said District on January 22, 1987. l ecret ry of "Yorba Llyda Water District _ -4- 9 0 AUDITOR'S CERTIFICATE I, BETTY EMBLIDGE, Auditor of Yorba Linda County Water Dis- trict (the "District") hereby certify with respect to the Yorba Linda Water District, Improvement District No. 2 1987 Refunding Bonds, the ("ID. No. 2 1987 Refunding Bonds") as follows: 1. The District has heretofore issued $1,005,000 principal amount of its bonds designated Yorba Linda County Water District Improvement District No. 2 1979 Water Bonds, Series A, which are entirely obligations of Improvement District No. 2 of the Dis- trict. The principal amount of such bonds outstanding on the date of this Certificate is $910,000. 2. The District has also heretofore issued $10,000,000 prin- cipal amount of its bonds designated Yorba Linda County Water Dis- trict Improvement District No. 2 1979 Water Bonds, Series B, which are entirely obligations of Improvement District No. 2 of the Dis- trict. The principal amount of such bonds outstanding on the date of this Certificate is $9,795,000. 3. The District proposes to issue its ID No. 2 1987 Refund- ing Bonds in the aggregate principal amount of not-to-exceed $13,000,000 tentatively dated February 1, 1987. The ID No. 2 1987 Refunding Bonds are entirely obligations of Improvement District No. 2 of the District. 4. Except for the obligations referred to above, Improvement District No. 2 has no share of any other outstanding indebtedness of the District. 5. The assessed valuation of the real property within -5- Improvement District No. 2 as shown on the secured assessment roll for the 1986-1987 fiscal year is $93,712.202 (full cash value). Dated: January 22, 1987. Auditor, Yorba Linda Water District 4/146/009412-0092/001 -6-