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HomeMy WebLinkAbout1987-08-24 - Resolution No. 87-29L~ -29 RESpLUT l ON N0. 87 E BOARD Or DIRECTORS 7 .88 OF TH DISTRICT RESOLUTION LINDA WATER YEAR 198 Or THE YORBA T rOR rtSCAL rTR1CT Y A55E55MEt4VEt"►ENT D1~ NO A WATER 5TANDB tg-TR1CT 1tA~PR0SSESSMENTS THE 1X1 YORBA LINDA WAT SUCH STAND~AX ROLL BY Vq1TH1N ELECTING -To HA~ 1gg7`88 N0. 2 AND ON THE FtSCAI YEAR ORANGE COLLECTED Cp~N-Ty OF District completed an e ranch Yorba Linda Water known as the Brya AS, in 1978 the t certain lands then E c ained voter authori Lao ent WHER to the Distriand obt 1strict imp "Lomas de Yorba Water r the issuance of (now Y orba No( 2), and or water the establ~shme ~YLWD n Bonds tapa to serve in General facilities District 00°Q 2 storage Obligatio $41,660and transmission production, nd, YLlwo I.D. Na. a istrict issued and Somount, of Water D the f ace a in 1979 the Yarb oLi2 water Bonds in WHERE AS „ A,. YLWD 1.0. N ,005,000; and, sold Series Water District is hued'acee amount of in 1984 the `torb ~Li2 Water Bonds in t.,e WHEREAS \tLWD I.D. N Opp 000; and, issued $10, Linda Water District 987 the the ad'Jance Yorba „ to provide for 1, 1 Bonds of outstanding WHEREAS on February~87 Refunding a1 amount 15, and sold 000 princip 11,9 ref u 000; nding of $9,795 In the face amount of ~ goads ,979 Series a, ' and, to make principal is obligated sources Water District bonds from revenue the Yorba Linda such EREAS and interest payments an WH and, available to the Dist inanti~ undev edpand Na. 2 is preaom cammenc Wp I.O. rnent has a f praperty, Within fL tivision (eve op exclusive use series WHEREAS the land but residential subd• believes the Of said of Directors interest o, t" e 3 rincipal and ,_ur~ar the Board ay rail, to p. ~r, Dui . t,Ie ta;; u nue pinases of development when compared to the taxes collected 3n the undeveloped portions of the improvement District; and, WHEREAS, to alleviate the potential for inequitable tax burdens on the initial phases of development within YLIvVD I.C. P•lo. 2, the California State Legislature enacted a statute adding Section 31032.10 to the California Water Code Chapter 231.1981 Statutes (AB 2097, Lewis) which authorized the Yorba Linda Water District to fix water standby assessments up to $250.00 per acre per year within YLWD 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 YLWD I.D. No. 2 be supplemented by the levy and collection of a water standby assessment in order to raise sufficient revenue to pay principal and interest on YLWD I.D. No. 2 Series "A" and Refunding Water Bonds, and, WHEREAS, in accordance with the requirements of law, Yorba Linda 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 YLWD I. D. No. 2, and a hearing has been held to hear and consider all objections and protests to the report, and, WHEREAS, Section 31032.10 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 NOW, THEREFORE, BE IT RESOLVED that the Board of DilrectorS of 1--he Yorba Linda Water District does hereby resolve, determine and order as follows: Section 1: The aforesaid Yorba Linda `water District Improvement District No. 2 Report on 1987-88 Water Standby Assessments is hereby approved and adopted. Section 2: Yorba Linda Water District Improvement District No. 2 1987-88 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 herein is necessary to raise funds for interest and/or principal payments on bonds of YLWD I.D. No. 2 issued prior to January 1, 1989. Section 4: The Board of Directors of the Yorba Linda Water District hereby finds that the assessments fixed herein correspond to the benefits of YLWD I.D. No. 2 Series "A" and Refunding Bonds received by the respective assessed parcels, and that said assessments 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 Board of directors elects to have the County of Orange Auditor-Controller 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. SectioD 6: The General Manager or his designee is authorized and directed to file with the County of Orange Auditor-Controller a copy of this Resolution together with the listing of parcel numbers and amounts of assessments shown in Exhibit "A" and such other documentation as the County Autitor-Controller may require in order to accomplish the purposes of this Resolution. PASSED AND ADOPTED this 24th day of August, 198,71 by the followirg called vote: AYES: Armstrong, Cromwell and Knauft NOES: None ABSENT: Fox ABSTAIN: None Cam' President Yorba Linda Water District ATTEST: :rict