HomeMy WebLinkAbout2005-08-25 - Resolution No. 05-05RESOLUTION NO. 05-05
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING THE LOCKE RANCH SEWER MAINTENANCE
CHARGE AND ELECTING TO HAVE SUCH
SEWER MAINTENANCE CHARGE COLLECTED
ON THE FISCAL YEAR 2005-06 TAX ROLL
AND RESCINDING RESOLUTION 04-04
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. 04-04 on August 26, 2004 for
the purpose of establishing the Locke Ranch Sewer Maintenance Charges;
and,
WHEREAS, on August 25, 2005 at a Regular Board of Directors meeting, the Board of
Directors approved using the Sewer Maintenance Charge rates established in
Fiscal Year 2003-04, applied to fiscal years 2004-05 and once again for fiscal
year 2005-06.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda
t~'ater District to adopt Sewer Maintenance Charge as follows:
`section 1. The Yorba Linda Water District Locke Ranch Sewer Maintenance Charge for
Fiscal Year 2005-06 is hereby approved and adopted at $42.00 per year per
residential or equivalent 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
pet-sons, 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. 04-04 is hereby rescinded effective immediately following the
adoption of this Resolution.
PASSED AND ADOPTED this 25th day of August 2005 by the following called vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Armstrong, Beverage, Collett, Mills, Summerfield
None
None
None
',ATTEST:
Se erc ary-,-Michael A. Pa e
Yorba Linda Water Distr
President, MichaaO. Beverage
Yorba Linda Water District