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HomeMy WebLinkAbout1990-08-23 - Resolution No. 90-30• • RESOLUTION NO. 90-30 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT FIXING A WATER STANDBY ASSESSMENT FOR FISCAL YEAR 1990-91 WITHIN YORBA LINDA WATER DISTRICT IMPROVEMENT DISTRICT NO. 2 AND ELECTING TO HAVE SUCH STANDBY ASSESSMENTS COLLECTED ON THE FISCAL YEAR 1990-91 TAX ROLL BY THE COUNTY OF ORANGE WHEREAS, in 1978 the Yorba Linda Water District completed annexation to the District certain lands then commonly known as the Bryant Ranch (now "Lomas de Yorba"), and obtained voter authorization for the establishment of Yorba Linda Water District Improvement District No. 2 (YLWD I.D. No. 2), and for the issuance of $41,660,000 in General Obligation Bonds to pay for water production, storage, and transmission facilities to serve YLWD I.D. No. 2; and, WHEREAS, on behalf of YLWD I.D. No. 2 the Yorba Linda Water District has issued and sold Series "A" Water Bonds in the amount of $1,005,000, "1987 Refunding Bonds in the amount of $11,915,000 and Series "C" Water Bonds in the amount of $6,000,000 and is obligated to make principal and interest payments on such bonds from revenue sources available to the District; and WHEREAS, the land within YLWD I.D. No. 2 is a mix of developed and undeveloped parcels and the Board of Directors believes the exclusive use of the property tax revenue to pay principal and interest of said Water Bonds may result in an inequitable tax burden on the developed portions 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 developed parcels of land within YLWD I.D. No 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, the District may levy and collect a standby charge for additional bonds according to the provisions of the Uniform Standby Charge Procedures Act (Government Code Section 54984 et seq.); and, 0 6 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" , Refunding Water bonds and Series "C" Water Bonds; and WHEREAS, pursuant to Section 54984.4 of the Government Code, the Yorba Linda 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 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, on January 19, 1984, the Yorba Linda Water District and the landowner entered into a Series B Bond Agreement where the landowner agreed to the assessment of Water Code Section 31032.10 standby assessments based upon a planned and/or equivalent dwelling unit basis and on April 27, 1989 the Yorba Linda Water District and the landowner entered into the 1989 Water Service Agreement where the landowner agreed that, with respect to the Series "C" Water Bonds, the District may levy and collect a standby charge according to the provisions of the Uniform Standby Charge Procedures Act (Government Code Section 54984, 91M.); and WHEREAS, Section 31032.10 of the Water Code and Section 54984.5 of the Government Code permits this Board to adopt, revise, change, reduce or modify an assessment or overrule any and all objections to the original report; and NOW THEREFORE BE IT RESOLVED that the Board of Directors of the 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 1990-91 Water Standby Assessments is hereby approved and adopted. motion 2:. Yorba Linda Water District Improvement District No. 2 1990-91 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. 0 0 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. 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", Refunding Bonds and Series "C" Water 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. agoon 5; In accordance with subdivision (b) of Section 31032.10 of the Water Code and Section 54984.2 of the Government Code, the Board of Directors elect 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. Section 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 the amounts of assessments shown in Exhibit "A" and such other documentation as the County-Auditor-Controller may require in order to accomplish the purposes of this Resolution. PASSED AND ADOPTED this 23rd day of August, 1990 by the following called vote: AYES: Arthur Korn, M. Roy Knauft, Sterling Fox NOES: o ABSENT: Paul Armstrong ABSTAIN 0 President Yorba Linda Water District ATT ST: i i Secretary, Yorba Linda Water District