HomeMy WebLinkAbout1991-08-22 - Resolution No. 91-23i •
RESOLUTION NO. 91-23
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
FIXING A WATER STANDBY ASSESSMENT FOR FISCAL YEAR 1991-92
WITHIN YORBA LINDA WATER DISTRICT IMPROVEMENT DISTRICT
NO. 2 AND ELECTING TO HAVE SUCH STANDBY ASSESSMENTS
COLLECTED ON THE FISCAL YEAR 1991-92 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, in 1979 the Yorba Linda Water District issued and sold Series "A"
YLWD I.D. No. 2 Water Bonds in the face amount of $10,000,000; and,
WHEREAS, in 1984 the Yorba Linda Water District issued and sold Series "B"
YLWD I.D. No. 2 Water Bonds in the face amount of $10,000,000; and
WHEREAS, on February 1, 1987, the Yorba Linda Water District issued and sold
"1987 Refunding Bonds" to provide for the advance refunding of
$9,795,000 principal amount of outstanding 1979 Series "B" Bonds in
the face amount of $11,915,000; and
WHEREAS, on March 1, 1990 the Yorba Linda Water District issued and sold
Series "C" YLWD I.D. No. 2 Water Bonds in the face amount of
$6,000,000; and
WHEREAS, the Yorba Linda 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 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
$250.00 per acre per year within YLWD I.D. No. 2; and,
WHEREAS, the District may levy and collect a standby charge for additional bonds
according to the provisions of the Uniform Standby Charge Procedures
Act (Government Code Section 54984 et seq.); and,
WHEREAS, Subdivision (b) of said Water Code Section 31032.10 permits the
District to elect to have water standby assessments collected on the tax
roll in the same manner, by the same persons, and at the same time as,
and together with and not separately from County Taxes; and
WHEREAS, the District staff has submitted a written report to the District Secretary
and the Board of Directors recommending that ad valorem water bond
property taxes collected within YLWD I.D. No. 2 be supplemented by
the levy and collection of a water standby assessment in order to raise
sufficient revenue to pay principal and interest on YLWD I.D. No. 2
Series "A" , Refunding Water bonds and Series "C" Water Bonds; and
WHEREAS, in accordance with the requirements of law, the Yorba Linda Water
District has caused notice of the filing of said report and of a time and
place of hearing thereon to be published in a newspaper of general
circulation, and caused said notice to be mailed to the landowners
within YLWD I.D. No. 2, and a hearing has been held to hear and
consider all objection and protests to the report; and,
WHEREAS, Section 31032.10 of the California Water Code permits this Board to
adopt, revise, change, reduce or modify an assessment or overrule any
and all objections to the original report;
NOW THEREFORE BE IT RESOLVED that the Board of Directors of the Yorba
Linda Water District does hereby resolve, determine and order as follows:
_$ection 1: The aforesaid Yorba Linda Water District Improvement
District No. 2 Report on 1991-92 Water Standby Assessments is hereby
approved and adopted.
Section 2: Yorba Linda Water District Improvement District No. 2
1991-92 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
S. ection 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.
Secton 5: In accordance with subdivision (b) of Section 31032.10 of
the California Water 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 22rd day of August, 1991 by the
following called vote:
AYES:M• ROY KNAUFT, JR., PAUL ARMSTRONG, ARTHUR C. KORN, STERLING FOX
NOES:0 AND CARL SCANLIN
ABSENT: 0
ABSTAIN
President O
Yorba Linda Water District
ATT=
Secretary,
Yorba Linda Water District