HomeMy WebLinkAbout2001-08-23 - Resolution No. 01-13RESOLUTION NO. 01-13
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING LOCKE RANCH SEWER MAINTENANCE
CHARGE AND ELECTING TO HAVE SUCH
SEWER MAINTENANCE CHARGE COLLECTED
ON THE FISCAL YEAR 2001-02 TAX ROLL
AND RESCINDING RESOLUTION 00-07
WHEREAS, in October 1977, the City of Yorba Linda transferred and conveyed ownership
of the Locke Ranch sewer system to the Yorba Linda Water District; and,
WHEREAS, the Yorba Linda Water District ("District" herein) Rules and Regulations for
Rendition of Sanitary Sewer Service include a provision that sewer maintenance
charge is adopted by separate Resolution entitled Locke Ranch Sewer
Maintenance Charge; and,
WHEREAS, the Board of Directors of the Yorba Linda Water District have from time to time
adopted Ordinances and Resolutions to set and change the Sewer Maintenance
Charge rates charged by the District; and,
WHEREAS, the Locke Ranch sewer system is outside the existing District boundaries; and,
WHEREAS, under authority of the California Water Code Sections 31100 and 31101.5 the
District may provide sewer service and levy sewer maintenance charges on
property located outside of the District boundaries and under California Health
and Safety Code Sections 5471 and 5473 may elect to have the County of
Orange Auditor/Controller collect such charges on the Orange County Property
Tax roll; and,
WHEREAS, the Sewer Maintenance Charge is not a type of fee or charge to which
Proposition 218 applies, because it is not imposed upon a parcel or upon a
person as incident of property ownership but for sewer service only upon
customers who have actually connected to the District's sewer system; and,
WHEREAS, the election of the Board of Directors to collect the Sewer Maintenance Charge
for the Locke Ranch area annually on the property tax bill rather than as a
separate bill does not change the nature of the charge or make it subject to
Proposition 218; and,
WHEREAS, the Board of Directors adopted Resolution No. 00-07 on August 24, 2000 for
the purpose of establishing the Locke Ranch Sewer Maintenance Charges; and,
WHEREAS, on August 23, 2001 at a Regular Board of Directors meeting, the Board of
Directors accepted a staff report that recommends establishing Sewer
Maintenance Charge rates for fiscal year 2001-02.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water
District to adopt Sewer Maintenance Charge as follows:
Section 1. The Yorba Linda Water District Locke Ranch Sewer Maintenance Charge for Fiscal
Year 2001-02 is hereby approved and adopted at $30.00 per year per residential or
commercial sewer connection.
Section 2. The Yorba Linda Water District Locke Ranch Sewer Maintenance Charge is hereby
fixed in the amounts and against the owners of parcels with sewer connections as
shown in Exhibit "A" attached hereto and by this reference incorporated herein.
Section 3. The Board of Directors elects to have the County of Orange Auditor/Controller
collect the charges 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
of Orange taxes.
Section 4. The Yorba Linda Water District Locke Ranch Sewer Maintenance Charge is
imposed pursuant to the authority provided in Water Code Sections 31101.5 and
adopted in accordance with the requirements of law.
Section 5. 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 charges shown in Exhibit "A" and such
other documentation as the County Auditor/Controller may require in order to
accomplish the purposes of this Resolution.
Section 6. Resolution No. 00-07 is hereby rescinded effective immediately following the
adoption of this Resolution.
PASSED AND ADOPTED this 23rd day of August 2001 the following called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Beverage, Korn, Summerfield
Abramowitz
Armstrong
None
Vice President, Arthur Korn
Yorba Linda Water istrict
Yorba Linda Water District
1, William J. Robertson, Secretary of the Yorba Linda Water District, certify that the
attached is a true and correct copy of Resolution No. 01-13 dated August 23, 2001,
approved by the Board of Directors, and on file with the Yorba Linda Water District.
Dated: August 23, 2001
1
Secretary of the Board of Directors
Yorba Linda Water- District