HomeMy WebLinkAbout2002-07-25 - Resolution No. 02-02RESOLUTION NO. 02-02
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 2002-03 TAX ROLL
AND RESCINDING RESOLUTION 01-13
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 01-13 on August 23, 2001 for the purpose of
establishing the Locke Ranch Sewer Maintenance Charges; and,
WHEREAS, on July 25, 2002 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 2002-03.
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
2002-03 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 show 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. 01-13 is hereby rescinded effective immediately following the adoption
of this Resolution.
PASSED AND ADOPTED this 25`h day of July, 2002 the following called vote:
AYES: Armstrong, Beverage, Summerfield, Korn
NOES: Abramowitz
ABSENT: None
ABSTAIN: None
President, Arthur C. orn
Yorba Linda Water istrict
ATTEST:
Assistant Secretary, Mich el . Payne
Yorba Linda Water District