HomeMy WebLinkAboutRes - 2002.25 - Initiate Proceedings to From Arroyo Verde Assessment DistrictRESOLUTION N0.2002.25
A RESOLUTION OF INTENTION
OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
TO INITIATE PROCEEDINGS TO FORM
ARROYO VERDE ASSESSMENT DISTRICT
Wl-IEREAS, the Board of Directors of the East Va]ley Water District ("EV WD") finds a>
follows:
A. EV WD is formed and organized pursuant to the County Water District Law, Water
Code Section 30000 et seq.
B. The Arroyo Verde Mutual Water Company ("AVMWC") is a private corporation
organized and operating as a mutual water company incorporated and existing under the laws ofthe
State of California. AVMWC's service area is within the jurisdictional boundaries of EV WD.
C. AVMWC'swatersystemconsistsofawell,boosterpump,andvarioustypesofpiping
that arevioperable and/or not is compliance with the legal standards enforced by the State of
California Department of Health Services ("the Water System"). As a result, AVMWC's
shareholders are currently receiving domestic water service by virtue of an emergency connection to
EVWD's water distribution system.
D.. AVMWC's shareholders have formally requested that EV WD permanently assulr~e
the operation and cornrol of the Water System and that the properties served thereby become part
of EV WI)'s official service area.
E.. EV WD has agreed to consider said proposal if outside funding can be obtained Ro
repair and replace the Water System and the shareholders of AVMWC unanimously consent to the
financing rnechanism deemed appropriate by EV WD to repay the costs thereof.
F. On December 11, 2000, EVWD's Board of Directors adopted Resolution No.
2000.26 which authorized the submission of an application for construction funds from the Safe;
Drinking Water State Revolving Fund ("the Fund") for the purpose of securing funds to be used for
the construction of facilities necessary to bring the Water System in to a condition deemed
appropriate by EV WD to assume the operation and control thereof ("the Project").
G. In or about January of 2002, EVWD and AVMWC entered into a Notice of
Application Acceptance issued bythe State ofCaliforniaDepartment ofWater Resourcesonorabout
December 19, 2001, for Project No. 3610064-O1, wherein the Fund would provide a construction
loan in the amount of $136,034.00 ("the Loan") and a construction grant ("the Grant") in the amount
of $544,136.00, for a total contribution by the Fund of $680,170.00 to be applied to the cost of the
Project, the total price of which is currently estimated to be the sum of $810,170.00.
H. in order to repay the Loan and reimburse EV WD for the portion of the Project costs
not covered by the Fund, EVWD intends to initiate proceedings to form the Arroyo Verde
Assessment District in accordance with California law and the terms and conditions contained herein.
NOW, THEREFORE, BE IT RESOLVED, that the Boazd of Directors of EV WD does
hereby determine and order as follows:
SECTION I. Statement of Intent.
A. Assessment District Formation. The BoardofDirectorsofEVWDformallydeclares
its intexrtion to form the Arroyo Verde Assessment District for the purpose of repaying the Loan and
reimbursing EV WD for any portion of the proposed Project costs not covered by the Fund.
2
B. Levy of Assessment. The Board of Directors of EVWD formally declares its
intention to pmvide for the repayment ofthe Loan and the reimbursement of any proposed Project
costs paid by EV WD by virtue of the levy ofan assessment on each property within the Arroyo Verde:
Assessment District.
C. Compliance with Law. It is the intent of the Boazd of Directors of EVWD hi
adopting this Resolution, to adopt assessment ballot proceedings which are consistent and ui
compliance with Articles XIIIC and XIIID of the California Constitution and with the Proposition
218 Omnibus Implementation Act. It is not the intent of the Board of Directors of EV WD to vary
in any way from the requirements of Articles XIIIC and XIIID or the Proposition 218 Omnibus
Implementation Act.
SECTION 2. Description.
A. Project. The proposed Project is briefly described in the document attached hereto
as Exhibit "A" and incorporated herein by this reference.
B. Boundaries. The exterior boundaries of the proposed Arroyo Verde Assessmend
District is also described in the document attached hereto as Exhibit "A" and incorporated herein by
this reference.
SECTION 3. Engineer's Report.
A. Preparation. The Board of Directors of the EVWD hereby directs William .l.
McKeever, a registered professional engineer certified by the State of California, to prepare a report
that contains all of the following:
1) Plans and specifications of the proposed Project. The plans and specifications
need not be detailed and are sufficient ifthey show or describe the general nature, location, and extent
3
public hearing to a Later date to receive additional testimony, information, or to finish tabulating the:
ballots.
5) If according to the final tabulation of the ballots, ballots submitted against the
assessment: exceed the ballots submitted in favor of the assessment, weighted according to the;
proportional financial obligation of the affected property, a "majority protest" exists and EV WD'>
Board ofDirectors shall not impose or increase the assessment.
6) EV WD's Boazd of Directors reserves the right to withhold approval of the;
Project or the formation of the assessment district for any reason, including but not limited to failure;
to obtain consent thereto, without qualification, objection, or legal recourse, from every person
ancVor entity to which an assessment would be levied by EV WD.
SECTION 5. Payment of Un-Funded Project Costs. If the Project is approved by
EVWD's Board of Directors, and the Arroyo Verde Assessment District is formed pursuant to thi:>
Resolution, the General Manager ofEVWD will be authorized to pay the portion ofthe proposed
Project co<~ts not covered by the Fund from such treasury account as may be designated by EVWD's
Board ofI)irectors.
SECTION 6. Dis~sal of Suraius Funds. If any surplus monies derived from the:
assessment district remain in the improvement fund after completion of the Project, said monies shall
be disposed of in a manner deemed appropriate by EVWD's Boazd of Directors.
10
Sample Official Ballot
Arroyo Verde Assessment District
Assessor's Parcel Number:
Property Owner's Name:
Property Owner's Address:
Proposed Assessment for This Parcel Beginning [insert relevant year) Fiscal Year:
Proposed Range or Inflation Adjustment Formula : [If used)
Instructions For Completing and Delivering This Ballot
To express your view on the proposed assessment and the proposed range or inflation
adjustment, check the square before the word "YES" or "NO," then sign and date the ballot.
Optional: Fach person with an ownership interest in this property must complete a separate
ballot.]
After completing your ballot, mail or deliver this entire ballot to the General Manager of the
East Valley Water District located at 1155 Del Rosa Avenue, San Bernardino, California
92413.
Ballots may be sent or delivered to the clerk at any time, but MUST be received not later than
the conclusion ofthe public hearing on the proposed assessment and assessment range set for
jdate, time, and place ofpublic hearing].
PLEASE EXPRESS YOUR VIEW BY MARKING AND SIGNING BELOW
Yes, I approve the proposed assessment described above for the parcel identified in
this ballot.
No, I do not approve the proposed assessment described above for the parcel identified
in tlus ballot.
I hereby declare under penalty of perjury that I am a record owner of the parcel listed above.
Signature of Record Owner Date
E1(tN91? G