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HomeMy WebLinkAboutMETROPOLITAN WATER DISTRICTTHE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RESOLUTION 9063 RESOLUTION OF THE BOARD OF DIRECTORS OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FIXING AND ADOPTING A READINESS -TO -SERVE CHARGE WHEREAS, atits meeting on October 16, 2001, the Board of Directors ("Board") of The Metropolitan Water District of Southern California ("Metropolitan") approved a rate structure proposal described in Board Letter 9-6 dated October 16, 2001, including a readiness -to -serve charge; and WHEREAS, providing .firm revenue sources is a goal of such rate structure; and WHEREAS, the amount of revenue to be raised by the readiness -to -serve charge shall be as determined by the Board and allocation, of the readiness -to -serve charge among member public agencies shall be in accordance with the method established by the Board; and WHEREAS, the readiness -to -serve charge is a charge imposed by Metropolitan upon its member agencies, and is not a fee or charge imposed upon real property or upon persons as an incident of property ownership; and WHEREAS, Metropolitan has legal authority to impose such readiness -to -serve charge as a water rate pursuant to Section 134 of the Metropolitan Water District Act (the "Act"), and as an availability of service charge pursuant to Section 134.5 of the Act; and WHEREAS, under authority of Sections 133 and 134 of the Act, the Board has the authority to fix the rate or rates for water as will result in revenue which, together with other revenues, will pay Metropolitan's operating expenses and provide for payment of other costs, including payment of the interest and principal of Metropolitan's non -tax funded bonded debt; and. WHEREAS, pursuant to Resolution 8329, adopted by the Board on July 9, 1991, proceeds of the readiness -to -serve charge and other revenues from the sale or availability of water are pledged to the payment of Metropolitan's outstanding revenue bonds issued and revenue bonds to be issued pursuant to Resolution 8329; and WHEREAS, under authority of Section 134.5 of the Act, a readiness -to -serve charge imposed as an availability of service charge may be collected from the member public agencies within Metropolitan, or may be imposed as a standby charge against individual parcels within Metropolitan's service area; and WHEREAS, under such authority, the water standby charge may be imposed on each acre of land or each parcel of land less than an acre within Metropolitan to which water is made available for any purpose by Metropolitan, whether the water is actually used or not; and WHEREAS, certain member public agencies of Metropolitan have opted in prior fiscal years to provide collection of all or a portion of their readiness -to -serve charge obligation through a Metropolitan water standby charge imposed on parcels within those member agencies; and WHEREAS, Metropolitan is willing to comply with the requests of member public agencies opting to have Metropolitan continue to levy water standby charges within their respective territories, on the terms and subject to the conditions contained herein; and WHEREAS, the readiness -to -serve charge applicable to each member public agency, the method of its calculation, and the specific data used in its determination are as specified in the Engineer's Report dated December 2007 (the "Engineer's Report"), on file with the Board Executive Secretary, WHEREAS, by Resolution 9055, adopted at its meeting held January 8, 2008, Metropolitan's Board resolved and determined that Metropolitan should develop a reliable source of revenues less susceptible to seasonal and annual variation, through imposition of a readiness -to -serve charge to be collected from MetropoIitan's member public agencies, and that the .readiness -to -serve charge should be in an amount sufficient to provide for payment of debt service and other appropriately allocated costs, for capital expenditures for projects needed to provide standby and emergency storage service needs; and WHEREAS, notice was given by Resolution 9055 to the public and to each member public agency of The Metropolitan Water District of Southern California of the intention of - MetropoIitan's Board to consider and take action at its regular meeting to be held on March 11, 2008, on the Board's intent to impose a readiness -to -serve charge as described in Resolution 9055; and WHEREAS, the Business and Finance Committee of the Board conducted a public hearing at its regular meeting on February 11, 2008, at which interested parties were given the opportunity to present their views regarding the readiness -to -serve charge and the Engineer's Report; and WHEREAS, notice of the proposed readiness -to -serve charge and of a public hearing on the date and at the time and location specified in Resolution 9055 was published prior to the hearing in various newspapers of general circulation within Metropolitan's service area; and WHEREAS, each of the meetings of the Board were conducted in accordance with the Brown Act (commencing at Section 54950 of the Government Code), for which due notice was provided and at which quorums were present and acting throughout; NOW, THEREFORE, the Board of Directors of The Metropolitan Water District of Southem California does hereby resolve, determine and order as follows: Section 1. That the Board of Directors of Metropolitan hereby fixes and adopts a readiness -to -serve charge for the period from July 1, 2008 through December 31, 2009. P Section 2. That said readiness -to -serve charge shall be in an amount sufficient to provide for payment of debt service and other appropriately allocated costs, for capital expenditures for projects needed to provide standby and emergency storage service needs. Section 3. That such readiness -to -serve charge for July 1, 2008 through and including December 31, 2008 shall be a water rate equal to $47.65 per acre-foot and for January 1, 2009 through and including December 31, 2009 shall be a water rate equal to $52.03 per acre-foot, which shall be charged on a historic basis for each acre-foot of water, excluding water used for purposes of replenishing local storage and agriculture as defined by the Administrative Code, included in Metropolitan's average water deliveries to its member agencies for the applicable ten-year period identified in Section 8 below. The aggregate readiness -to -serve charge for the period from July 1, 2008 through and including December 31, 2008 shall be $41,000,000 and for the period from January 1, 2009 through and including December 31, 2009 shall be $92,000,000. Section 4. That in the alternative, and without duplication, the readiness -to -serve charge shall be an availability of service charge pursuant to Section 134.5 of the Act. Section 5. That the readiness -to -serve charge for July 1, 2008 through December 31, 2008 shall be allocated among the member public agencies in proportion to the average of deliveries through Metropolitan's system (in acre-feet) to each member public agency during the ten-year period ending June 30, 2006, and the readiness -to -serve charge for January 1, 2009 through December 31, 2009 shall be allocated among the member public agencies in proportion to the average of deliveries through Metropolitan's system (in acre-feet) to each member public agency during the ten-year period ending June 30, 2007. Metropolitan sales of reclaimed water under the Local Projects Program, groundwater under the Groundwater Recovery Program, and deliveries under the Replenishment and Interim Agricultural Water Service Programs are not included in the readiness -to -serve charge water sales calculation. The allocation of the readiness -to -serve charge among member agencies is based on sales data recorded by Metropolitan and shall be conclusive in the absence of manifest error. The amount of the readiness -to -serve charge to be imposed on each member public agency effective July 1, 2008, is as follows; 3 KJ N` A 0 h W m Il- N to m O co N h u7 0 a) r ti e} CO W N�NrO'dU](DO�OOMu7Mf���„7pN .-O) cc 44 N tCO CO IN NM V' O O(D O m to QCi)NOr.•-(00�1� Mtnm O T 01 (O w C*J N u7 u7 N �cV .- t-= I" co 't 0) m M 0 0 cotitDMdM't10D ,-0 MMLOMti cf]t-u7timNt" N y G7 N [710(D(gn—C�u7�c�COr03CDco -[' (0(DcoCD dT M CC r tfj C) cp r N r r c r N C) t.: t� M 0 p O CY E r cw a m .0 a o O O O O o O O O D O O P c O O O O 4 P - O O c/y CO eP N M M 0 r r N NrNC� O M r (0 V' 0? m m T r�CO(D[DtnV;QCN N co N OOtim f~r ti cD r 000 m 0�r 0 0rC'1w N M(14.-N0000 C]r O CO Cj a a t`MON�e}y d' M OM V• In(0 m t-- 0 N N mr N I`cO N M u') u7 L V lnO rt�lOr m(Dti m l` M t--0 M'.d-"t m rat O N 00 m m U 4.) 'O CO M N�ri (1700 C 0 M— ti 0o (D m i1 r r 0(0 to mm N Q p O CO (V CO !� M C, r (P r C6 cNi O rz M C7 (•7 C t}y N r r 0 (D CO r N N M N (V N� COw .- t� N r w LL N !� a N (D •: X cn In lY LL Nt000Lo 1--oMtoCONt"C0 0M001bN MtoLO(DtiNN Cl) COco m r I-- (0 M et• [� O N CO O N O ON O O M cO CO O M CO co t� M (.[) O N SD I� d_ N (' N N r cl N O r r m j• s M N N 00 r M Lo "t 0 CO N (D CO (O M - - M Lo [� (D 0 (D m ce) O t,- rO MCO m If) 000 v-0o Oro zr NOm1--0 N r yC-"rMM((]to NNN(DNu7MC)M0- MN(ou7M d V O, r N r r r u) I() w 1- M r w C CO r C 00 (O E m t o a a o 0 0 o,g o o a o o o 0 0 o c o 0 0 0 �(0 co d'`4 OcoN co MO t-�ON~ (D koNr-CQ u7 C" a? N r O C? [-- Ih O N M Q 0 a7 (D N (O M tO ti r I-- M O d co 0o N M Ct m M M CD Iti M M t Oa)m M-IOM MNrmco NMMMu-)mLoOV'Nt.- (D U 47 CO O (D I� N m Cl) c0 W to m cD N I2 O O (D w C] O 'd' r N N O N •. OD Q 00)C7NLOVt Mtc)OCOu7MwI'-NMrt- rNN(D MC cr) • N r r r 0 (0 t-- r N m N M N N N (D r r I+ N r V• to 0 U.CD 0 N V' r 0 7 iL t- C Q y W ❑ m (E U. T w G O U 10 >1 a1 T ]. 0 Q D N N m Cil p Q a a w 9 y N m _CD m d ❑ ❑ w 3 a ❑ 4 (n m o 0 'E, (D m to ro ❑ �s_;� o(Ge0 E 7 p M 4) M m G m C •� (D C O m 4" �, O C LUJ ' m w y m ti.. m C .Ll' 0) d d m t W Q�i O' Q.. V ❑ [L. �L Q > V y m N w ,Q: .. 0C tJ1 m i C E y Q= d en C y G N G C C m �u (D G C CL N y C v m v o m 0 m o o w m (a (u <MMU )OLu ttLC� �JJJ220-(n(oU)coVIPi-��7 (c m t p CL v 7v 0 Section 6. That the allocation of the readiness -to -serve charge among member agencies set forth in Section 5 above is consistent with the per -acre-foot water rates imposed pursuant to Section 3 above, Section 7. That. it is the intent of the Board that water conveyed through Metropolitan's system for the purposes of water transfers, exchanges or other similar arrangements shall be included in the calculation .of a member agency's rolling ten-year average firm demands used to allocate the readiness -to -serve charge. Section 8. That the readiness -to -serve charge and the amount applicable to each electing member public agency, the method of its calculation, and the specific data used in its determination are as specified in the General Manager's recommendation on rates and .charges to be effective January 1, 2009, which forms the basis of the readiness -to -serve charge. Such recommendation is on file and available for review by interested parties at Metropolitan's headquarters. Section 9. That except as provided in Section 15 below with respect to any readiness -to -serve charge collected by means of Metropolitan water standby charge, the readiness - to -serve charge shall be due monthly, quarterly or semiannually as agreed upon by Metropolitan and the member agency, Section 10. That such readiness -to -serve charge may, at the request of any member agency which elected to utilize Metropolitan's standby charge as a mechanism for collecting its readiness -to -serve charge obligation in FY 1996/97, be collected by continuing the Metropolitan' water standby charge at the same rates imposed in FY 1996/97 upon land within Metropolitan's (and such member public agency's) service area to which water is made available by Metropolitan for any purpose, whether such water is used or not, Section 11. That the proposed water standby charge, if imposed, shall be collected . on the tax rolls, together with the ad valorem property taxes which are levied by Metropolitan for the payment of pre-1978 voter -approved indebtedness. Any amounts so collected shall be applied as a credit against the applicable member agency's obligation to pay a readiness -to -serve charge. After such member agency's readiness -to -serve charge. allocation is fully satisfied, any additional collections shall be credited to other outstanding obligations of such member agency to Metropolitan or future readiness -to -serve obligations of such agency. Notwithstanding the provisions of Section 10 above, any member agency requesting to have all or a portion of its readiness -to -serve charge - obligation collected through standby charge levies within its territory as provided herein shall pay any portion not collected through net standby charge collections to Metropolitan within 50 days after . Metropolitan issues an invoice for remaining readiness -to -serve charges to such member agency, as provided in Administrative Code Section 4507, Section 12. That on February 11, 2008, the Business and Finance Committee of Metropolitan's Board conducted a public hearing at which interested parties were afforded the opportunity to present their views regarding the readiness -to -serve charge in accordance with Section 4304(c) of Metropolitan's Administrative Code. Section 13. That no failure to collect, and no delay in collecting, any standby charges shall excuse or delay payment of any portion of the readiness -to -serve charge when due. All amounts collected as water standby charges shall be applied solely as credits to the readiness -to -serve charge of the applicable member agency, with any excess collections being carried forward and credited against other outstanding obligations of such member agency to Metropolitan. 5 Section 14. That the readiness -to -serve charge is imposed by Metropolitan as a rate or charge on its member agencies, and is not a fee or charge imposed upon real property or upon persons as incidents of property ownership, and the water standby charge is imposed within the respective territories of electing member agencies as a mechanism for collection of the readiness -to - serve charge. In the event that the water standby charge, or any portion thereof, is determined to be an unauthorized or invalid fee, charge or assessment by a final judgment in any proceeding at law or in equity, which judgment is not subject to appeal, or if the collection of the water standby charge shall be permanently enjoined and appeals of such injunction have been declined or exhausted, or if Metropolitan shall determine to rescind or revoke the water standby charge, then no further standby charge shall be collected within any member agency and each member agency which has requested imposition of Metropolitan water standby charges as a means of collecting its readiness -to -serve charge obligation shall pay such readiness -to -serve charge obligation in full, as if imposition of such water standby charges bad never been sought. Section 15. That the General Manager and the General Counsel are hereby authorized to do all things necessary and desirable to accomplish the purposes of this Resolution, including, without limitation, the commencement or defense of litigation. Section 16. That this Board finds that the readiness -to -serve charge and other charges provided in this Resolution are not defined as a Project under the California Environmental Quality Act ("CEQA") since. they involve continuing administrative activities, such as general policy and procedure making (Section 15378(b)(2). of the State CEQA Guidelines). In addition, the proposed actions are not subject to CEQA because they involve the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a -potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). Section 17. That if any provision of this Resolution or the application to any member agency, property or person whatsoever is held invalid, that invalidity shall not affect other provisions or applications.of this Resolution which can be given effect without the invalid portion or application, and to that end the provisions of this Resolution are severable. Section 18. That the General Manager is hereby authorized and directed to take all necessary action to satisfy relevant statutes requiring notice by mailing or by publication. Section 19. That the Board Executive Secretary is hereby directed to transmit a certified copy of this Resolution to the presiding officer of the governing body of each member public agency. I HEREBY CERTIFY that the foregoing is a full, true and correct copy of a Resolution adopted by the Board of Directors of The Metropolitan Water District of Southern California, at its meeting held on March 11, 2008. Board Executive Secretary The Metropolitan Water District of Southern California 0 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RESOLUTION 9064 RESOLUTION OF THE BOARD OF DIRECTORS OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FIXING AND ADOPTING A CAPACITY CHARGE EFFECTIVE JANUARY 1, 2009 WHEREAS, the Board of Directors ("Board") of The Metropolitan Water District of Southern California ("Metropolitan"), pursuant to Sections 133, I34 and 134.5 of the Metropolitan Water District Act (the "Act"), is authorized to fix such rate or rates for water as will result in revenue which, together with revenue from any water standby or availability of service charge or assessment, will pay the operating expenses of Metropolitan, provide for repairs and maintenance, provide for payment of the purchase price or other charges for properly or services or other rights acquired by Metropolitan, and provide for the payment of the interest and principal of its bonded debt; and WHEREAS, the capacity charge is a fixed fee imposed (on a dollar per cubic -foot - per -second basis) on member agencies on the amount of capacity used by such member agency and is designed to recover the cost of providing peaking capacity within the distribution system; and WHEREAS, on January 8, 2008, the General Manager presented to the Business and Finance Committee of Metropolitan's Board his determination of total revenues and of revenues to be derived from water sales and firm revenue sources required during the fiscal year beginning in FY 2007/08, and a detailed report describing each of the rates and charges and the supporting cost of service process, dated December 2006 (the "Report"), that (i) describes the rate structure process and design, (ii) shows the costs of major service functions that Metropolitan provides to.its member agencies, (iii) classifies these service functions costs based on the use of the Metropolitan system to create a logical nexus between the revenues required from each of the rates and charges, and (iv) sets forth the rates and charges necessary to defray such costs; and WHEREAS, on January 8, 2008, the General Manager presented to the Business and Finance Committee his recommendation for rates and charges to be imposed and determination of total revenues to be derived from water sales and firm revenue sources required during the fiscal year beginning in FY 2009/09; and WHEREAS, by Resolution 9056, adopted at its meeting held January 8, 2008, Metropolitan's Board resolved and determined that Metropolitan should develop firm net revenues, exclusive of ad valorem property taxes, through imposition of a capacity charge, as described in Resolution 9056, to be imposed on Metropolitan's member public agencies; and WHEREAS, the Business and Finance Committee of the Board conducted a public hearing at its regular meeting on February 11, 2008, at which interested parties were given the opportunity to present their views regarding the proposed capacity charge; and WHEREAS, notice of the proposed capacity charge and of a public hearing on the date and at the time and location specified in Resolution 9056 was published prior to the hearing in various newspapers of general circulation within Metropolitan's service area; and WHEREAS, each of the meetings of the Board were conducted in accordance with the Brown Act (commencing at Section 54950 of the Government Code), for which due notice was provided and at which quorums were present and acting throughout; and WHEREAS, the amount of revenue to be raised by the capacity charge shall be as determined by the Board and allocation of such charges among member public agencies shall be in accordance with the method established by the Board; and . WHEREAS, the capacity charge is a charge imposed by Metropolitan upon its member agencies, and is not a fee or charge imposed upon real property or upon persons as an incident of property ownership; and WHEREAS, Metropolitan has legal authority to impose the capacity charge as a water rate pursuant to Sections 133 and 134 of the Metropolitan Water District Act (the "Act"); and WHEREAS, under authority of Sections 133 and 134 of the Act, the Board has the authority to fix the rate or rates for water as will result in revenue which, together with other revenues, will pay Metropolitan's operating expenses and provide for the payment of other costs, including payment of the interest and principal of Metropolitan's non -tax funded debt; and WHEREAS, the capacity charge is intended to recover the debt service and other appropriately allocated costs to construct, operate and maintain projects needed to meet peak demands on Metropolitan's distribution system, as shown in the Report; and WHEREAS, in the alternative under Section 134.5 of the Metropolitan Water District Act, an availability of service charge may be collected from the member public agencies within Metropolitan; NOW, THEREFORE, the Board of Directors of The Metropolitan Water District of Southern California does hereby resolve, determine and order as follows: Section 1. That the Board of Directors of Metropolitan hereby fixes and adopts a capacity charge, as described below, to be effective January 1, 2009. Section 2. That the capacity charge shall be in an amount sufficient to provide for payment of the capital financing costs not paid from ad valorem property taxes, as well as operations, maintenance and overhead costs incurred to provide peaking capacity within Metropolitan's distribution system. 2 Section 3. That such capacity charge effective January 1, 2009 shall be a water rate of $6,800 per cubic -feet -per -second (set in dollars per cubic -feet -per -second of the peak day capacity) for capacity provided to a member agency. Section 4. That in the alternative, and without duplication, the capacity charge shall be an availability of service charge pursuant to Section 134.5 of the Act. Section 5. That on March 12, 2007, the Business and Finance Committee of Metropolitan's Board conducted a public hearing at which interested parties were afforded the opportunity to present their views regarding the capacity charge in accordance with Section 4304(c) of Metropolitan's Administrative Code. Section 6. That this Board finds and determines that the capacity charge is a reasonable fee for use of capacity of Metropolitan's distribution system. Section 7. That the capacity charge shall be a fixed charge as shown in the following table and collected from each member agency monthly, quarterly or semiannually as agreed to by Metropolitan and the member agency. Table 1. Calendar Year 2009 Capacity Charge Peak Day Demand (cfs) (May 1 through September 30) Calendar Year a en ar ear 2009 Capacity Charge AGENCY 2005 2006 2007 3-Year Peak $6 800/cfs Anaheim 60.0 36.6 37.9 60.0 $ 408,0Q0 Beverly Hills 31.9 33.2 33.9 33.9 230,520 Burbank 36.1 35.0 33.7 36.1 245,480 Calleguas 263.8 253.5 260.8 263.8 1,793,840 Central Basin 125.9 130.7 125.9 130.7 888,760 Compton 7.7 7.3 7.1 7.7 52,360 Eastern 236.3 248.6 302.1 302.1 2,054,280 Footh!If 23.2 25.3 25.4 25.4 172,720 Fullerton 34.2 32.7 36.9 36.9 250,920 Glendale 56.7 57.0 64.6 57.0 387,600 Inland Empire 132.3 113.8 176.2 176.2 1,198,160 Las Virgenes 43.6 44.8 45.3 45.3 308,040 Long Beach 72,9 56.5 61.3 72.9 495,720 Los Angeles 540.4 540.7 768.5 768.5 5,225,800 MWDOC 438.4 463.6 452.4 463.6 3,152,480 Pasadena 5B.3 66.9 58.5 66.9 454,920 San Diego 1064.8 1056.9 1177.5 1,296.0 B,812,800 San Fernando 0.1 6.5 6.5 44,200 San Marino 5.9 8.3 5.2 8.3 56,440 Santa Ana 29.9 30.7 29.7 30.7 208,760 Santa Monica 27.1 27.8 27.6 27.8 189,040 Three Valleys 156.5 155.7 171.4 171.4 1,165,520 Torrance 42.1 41.8 41.6 42.1 286,280 Upper San Gabriel 35.8 42.3 63.8 63.8 433,840 West Basin 276.5 275.8 262.3 276.5 1,880,200 Western 273.5 291.1 288.5 291.1 1,979,486 Total 4,073.8 4,076.7 i 4,554.E 4,761.2 $ 32,376,160 (1) San Diego capacity set at 1,296 cfs per surface storage operating agreement terms Totals may not foot due to rounding Section S. That the capacity charge for each member public agency, the method of its calculation, cost allocations and other data used in its determination are as specified in the Report, which is on file and available for review by interested parties at Metropolitan's headquarters. Section 9. That the General Manager and the General Counsel are hereby authorized to do all things necessary and desirable to accomplish the purposes of this Resolution, including, without Iimitation, the commencement or defense of litigation. Section 10. That this Board finds that the proposed capacity charge is not defined as a Project under the California Environmental Quality Act ("CEQA") since it involves continuing administrative activities, such as general policy and procedure making (Section 15378(bx2) of the State CEQA Guidelines). In addition, the proposed action is not subject to CEQA because it involves the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines}. Section 11. That the General Manager is hereby authorized and directed to take all necessary action to satisfy relevant statutes requiring notice by publication. Section 12. That the Board Executive Secretary is hereby directed to transmit a certified copy of this Resolution to the presiding officer of the governing body of each member public agency. I HEREBY CERTIFY that the foregoing is a full, true and correct copy of a Resolution adopted by the Board of Directors of The Metropolitan Water District of Southern California, at its meeting held on March 11, 2008. Board Executive Secretary The Metropolitan Water District of Southern California 0 MWQ METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Office of the ,Board of Directors Date: April 15, 2008 To: Presiding Officer of the Governing Body of the Member Public Agency r From: Board Executive Secretary Subject: Resolutions 9063 and 9064 FFa �' Y Y I p,.. h g ALNi A _ p k l i F a s' L At its meeting of March 11, 2008, the Board of Directors adopted Resolutions 9063 and 9064 fixing and adopting areadiness-to-serve charge, and a capacity charge, respectively, for fiscal year 2008/09. Enclosed are certified copies of Resolutions 9063 and 9064. ;6Dawn Chin. Enclosures s:Iwpsharedlmbrags19663-64ltr 700 N. Alameda Street, Los Angeles, California 90012 - Mailing Address: Box 54153, Los Angeles, California 90054-0153 - Telephone (213) 217-6000 RESOLUTION 9100 A RESOLUTION LEVYING TAXES FOR THE FISCAL YEAR COMMENCING JULY 1, 2009 AND ENDING JUNE 30, 2010 FOR THE, PURPOSES OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA The Board of Directors of The Metropolitan Water District of Southern California, after receiving, considering, and evaluating evidence and all material factors pertaining thereto, including budget requirements, water rates and revenues, and tax rates and revenues, finds, determines, and resolves: Section 1. FINDINGS Water Rates With full review of (1) evidence presented, and (2) all material factors and considerations, the Board of Directors has Mixed water rates to be effective for the fiscal year beginning July 1, 2009, which, in the debated, informed and considered discretion of the Board, are in compliance with Section 134 of the Metropolitan Water District Act, in that the Board, so far as practicable, has fixed such rates as will result in revenue which will pay the District's operating expenses, provide for maintenance and repairs, provide for payment of the purchase price or other charges for property or services or other rights acquired by the District, and provide for the payrrlent of the interest and principal of District bonds, notes and other evidences of indebtedness under the applicable provisions of the Metropolitan Water District Act authorizing debt issuance and retirement, Taxation In its informed discretion, based upon fill review of evidence presented and all material factors and considerations, including the budget, the Board of Directors finds and determines that the District's revenues for the said fiscal year fi-om water sales and sources other than ad valorem property taxes, after payment of the District's operation and maintenance expenses, the operation, maintenance, Dower, and replacement charges due tinder the District's State contract, revenue bond service, deposits to the revenue bond reserve fund, short term revenue certificate (commercial paper note) service, net costs of operating equipment, and net inventory costs during the fiscal year, as wel I as the maintenance of prudent reserves for unforeseen District expenditures or unforeseen reduction in District revenue, will be insufficient to provide for general obligation bond service and to pay the District's remaining contract obligations to the State of California for sale and delivery of water. Therefore, the Board finds and determines that it is necessary, and required by law, to levy taxes as provided in this Resolution and the exhibits attached, sufficient, when taken with other revenues available for the purpose, to meet all of the foregoing obligations and fin.anciai requirements, in the amounts and rates set forth in this Resolution anti the schedules attached and incorporated therein. Section 2. DEFINITIONS The following terms as used herein shall have the following meanings: (1) "MWD OF SC" shall mean The Metropolitan Water District of Southern California "MWD" shall mean Municipal Water District "SDCWA" shall mean the San Diego County Water Authority "ID" shall mean Irrigation District "PUD" shall mean Public Utility District. (2) "Fiscal year" shall mean the fiscal year commencing July 1, 2009 and ending June 30, 2010. (3) "Schedule A and B" as shown in Section 9 shall.mcan: Schedule A - a tabulation setting forth for the fiscal year the estimated funds to be produced by MWD of SC tax levies made by this resolution. Schedule B - a tabulation setting forth for the fiscal year such tax rates as set forth in Sections 4, 5, and G hereof, the total tax rates, and the amounts of money to be derived from respective areas from the tax levies made by this resolution. (4) The following city areas represent the corporate areas of cities at their respective times of annexation to M.WD of SC, and may include areas subsequently annexed to said city areas at times when such areas were not within MWD of SC, and may include those areas which, at the timeof their respective annexation to said city areas, were within non -city member public agencies and subsequently excluded from such non -city member public agencies: (5) (6) "City of Beverly Hills Area" "City of Burbank Area" "City of Glendale Area" "City of Los Angeles Area" (Including portion oi'Original Area of Las Virgenes MWD excluded from Las Virgenes MWD on November 9, 1962) "City of Pasadena Area" "City of San Marino Area" "City of Santa Monica Area" "City of Long Beach Area" "City of Torrance Area" "City of Compton Area" "City of San Fernando Area" December 6, 1928 December 6, 1928 December 6, 1928 December 6, 1928 December 6, 1928 December 6, 1928 December 6, 1928 February 27, 1.931 February 27, 1931 June 23, 1931 November 12, 1974 "WeaBasin MWD" shall include the following areas; annexed to West Basin MWD and to MWD of SC on the dates cited: Original Area July 23, 1948 City of Gardena Area December 9, 1948 Inglewood Area June 9, 1952 Dominguez Area October 1.6, 1952 Hawthorne Area October 23, 1953 La Casa Territory Area November 23, 1953 A B C Territory Area January l 1, 1955 Culver City -County Territory Area January 11, 1955 Frawley Territory Area January .I 3, 1958 Imperial Strip Territory Area November 22, 1960 Marina Area January 10, 1962 Belle View Area November 12, 1963 Municipal Parking Area November 12, 1963 La Tijera Area December 21, 1965 Jefferson Blvd, Area October 30, 1969. Marina Second Fringe Area May 3, 1978 West Hollywood Area June 23, 1981 "Three Valleys MWD" shall include the following areas, annexed to Three Valleys MWD (Formerly Pornona Valley MWD) and to MWD of SC on the dated cited: Original Area Glendora Area Rowland Area Stephens Area November 15, 1950 October 2, .1952 June 15, 1953 November 27, 1957 (7) (8) (9) "Foothill MWD" shall include the following areas, annexed to Foothill MWD and to MWD of SC on the dates cited: Original Area of Foothill MWD January 15, 1953 Foothill First Fringe Area March 21, 1968 Foothill Second Fringe Area November 21, 1968 La Vina Annexation July 13, 1993 "Central Basin MWD" shall include the following areas, annexed to Central Basin MWD and to MWD of SC on the dates cited: Original Area November 12, 1954 Compton Territory Area January 4, 1957 Bellflower Territory Area December 30, 1958 Shoestring Strip Territory Area January 23, 1961 Signal Hill Territory Area November 14, 1963 Lakewood Area November 14, 1963 Vernon Area June 24, 1965 Dairy Valley Area June 21, 1967 Boyle Heights Area July 24, 1967 Cerritos Area December 22, 1969 Hawaiian Gardens Area November 22, 1977 "Las Virgenes MWD" shall include the following areas annexed to Las Virgenes MWD and to MWD of SC on the dates cited, excluding that portion annexed to the City or Los Angeles on November 9, 1962: Original Area Twin Lakes Area Bell Canyon Area Hidden Hills Annexation 87-1 December 1, 1960 March 12, 1965 March 16, 1966 April 22, 4988 (10) "Upper San Gabriel Valley MWD" shall include the following areas annexed to Upper San Gabriel Valley MWD and to MWD of SC on the dates cited: Original Area West Covina Area Garvey Reservoir Area Mountain Cove Annexation March 27, 1963 November 1, 1965 December 1, 1976 July 17, 2002 (1 L} The following city areas represent the corporate areas of cities at their respective times of annexation to MWD of SC, and may include areas subsequently annexed to said city areas at times when such areas were not within MWD of SC, and may include those areas which, at the time of their respective annexation to said city areas, were within non -city member ijublic agencies and subsequently excluded from such non -city member public agencies: (12) (13) (14) (15) City of Anaheim Area Including: Serrano/Nohl Ranch Rd. Reorganization (RO 01-05), Parcel 2, detached from MWD of Orange County on April 19, 2001; Reorganization Area 1 (RO 03-17) detached from MWD of Orange County on August 26, 2003; Reorganization Area 2 (RO 03-17) detached from MWD of Orange County on August 26, 2003; Reorganization Brookhurst ARCO (RO 02-02) detached from MWD of Orange County on July 8, 2003; North-Central Islands Annexation (IA 04-08) detached from MWD of Orange County on August 20, 2004; Serrano Heights Reorganization (RO 04-01) detached from MWD of Orange County on May 28, 2004; Ball Road/Santa Ana River Reorganization (RO 04-02) detached from MWD of Orange County on December 13, 2004 City of Santa Ana Area Including: Reorganization Area 4 (RO 03-17) detached from MWD of Orange County on August 26, 2003 City of Fullerton Area Including: Hawks Point Reorganization (RO 00-1 1) detached from MWD of Orange County on April 19, 200t; Reorganization Area 3 (RO 03-1.7) detached from MWD of Orange County on August 26, 2003; Page Avenue Island Annex. (IA 04-14) detached from MWD of Orange County on November 3, 2004; Somerset Island Annex. (IA 04-15) detached from MWD of Orange County on November 3, 2004 December 6, 1928 December 6, 1928 February 27, 1931 "Annexation No. 8D Territory Area of MWD of Orange County" shall mean Annexation No. 8D area annexed to MWD of Orange County to MWD of SC on March 29, 1965. "Annexation No. 8E 'Territory Area of MWD of Orange County" shall mean Annexation No. 8E area annexed to M WD of Orange County and MWD of SC on March 29, 1965. "Annexation No. 8H Territory Area of MWD of Orange County" shall mean Annexation. No. 8H area annexed to MWD of Orange County and to MWD of SC on March 29, 1965. "Annexation No. 16 Territory Area of MWD of Orange County" shall mean Annexation No. 16 area annexed to MWD of Orange County and to MWD of SC on November 7, 1972. (16) "Remainder of MWD of Orange County" shall include the following areas, annexed to MWD of Orange County and to MWD of SC on the dates cited excluding that portion thereof of Reorganization No..62 annexed to Coastal MWD on March 7, 1984: Original Area November 26, 1951 Annexation No. 1 Territory Area November 25, 1957 Annexation No. 4 Territory Area December 11, 1958 Annexation No. 5 Territory Area December 7, 1959 Annexation No. 7 Territory Area December 8, 1960 Annexation No. 10 Territory Area December 11, 1961 Annexation. No. 11 Territory Area January 6, 1964 Annexation No. 8A Territory Area March 29, 1965 Annexation No. 8B Territory Area March 29, 1965 Annexation No. 8F Territory Area March 29, 1965 Annexation No. 8G Territory Area March 29, 1965 Annexation No. 13 Territory Area June 30, 1969 (Excluded from Coastal M.WD for purpose of such annexation) Annexation No. 15 Territory Area November I5, 1972 Annexation No. 18 Territory Area December 16, 1982 Annexation No. 19 Territory Area December 27, 1983 Annexation No. 17 Territory Area December 29, 1983 City of Brea Area March 7, 1984 Brea Fringe Annexation Area March 7, 1984 Serrano/Nohl Ranch Road Reorganization Parcel 1 April 19, 2001 (RO 01-05) detached from City of Anaheim; Coastal MWD January 17, 2001 Coastal MWD and MWD of Orange County have been consolidated into a single district (RO 97-06) effective January 17, 2001. 1t shall include the following areas, annexed to Coastal MWD and to MWD of SC on the dates. cited: Original Area June 15, 1942 Fairview )"warms Area September 21, 1946 Irvine Subdivision Areas November 26, 1948 1948 Portion of City of Newport Beach Area November 29, 1948 Parts of Dana Point Area August 3, 1949 Capistrano Beach -San Clemente Area October 28, 1954 Tri-Cities Annexation No. 2 Area December 12, 1962 Laguna Canyon Annexation Area December 20, 1962 Lido Sands Annexation Area January 6, f964 Laguna Niguel Area June 30, 1969 (Including Reorganization 32 Parcel A Area excluded from Annexation No. 4 on January 4, 1977) Tri-Cities Annexation No. 79-1 Area December 22, 1982 Reorganization No. 62 Parcel C and.that portion of March 7, 1984 Parcel B Area excluded from Annexation No. 5 of MWD of Orange County Reorganization No. 64 Area excluded from Annexation March 18, 1983 No. 7 of MWD of Orange County (17) (l8) (19) (20) (21) Reorganization No. 123 excluded from Annexation No. 7 August 6, 1990 of MWD of Orange County "Ninth Fringe Area of Eastern MWD" shall mean the Ninth Fringe area annexed to Eastern MWD and to MWD of SC on April 23, 1963. "Twelfth Fringe Area of Eastern MWD" shall mean the Twelfth Fringe area annexed to Eastern MWD and to MWD of SC on October 22, 1965. "Twenty -First Fringe Area of Eastern MWD" shall mean the `l'wenty-First Fringe area annexed to Eastern MWD and to M.WO of SC on September 30, 1971. "Twenty-fourth Fringe Area of Eastern MWD" shall mean the Twenty-fourth Fringe area annexed to Eastern MWD and to MWD of SC on December 30, 1975. "Remainder of Eastern MWD" shall include the following areas, annexed to Eastern MWD and to MWD of SC on the dates cited: Original Area July 20, 1951 (Portion of area cxclLided from Eastern MWD and annexed to Western MWD) Adjacent Area. May 22, 1953 First Fringe Area April 20, 1956 (Portion of area excluded from Eastern MWD and annexed to Western MWD) Third Fringe Area November 20, 1958 (Area excluded frorn Original Area of Western MWD) Fourth Fringe Area December 6, 1960 Fifth Fringe Area May 31, 1962 (Portion of area excluded from Eastern MWD and annexed to Western MWD) Sixth Fringe Area December 10, 1962 Seventh Fringe Area March 1 1, 1963 Eight Fringe Area Apri.1 23, 1963 Tenth Fringe Area September 22, 1964 Eleventh Fringe Area September 22, 1964 Thirteenth fringe Area October 13, 1967 (Portion of area excluded From Eastern MWD and annexed to Western MWD) Fourteenth Fringe Area October 23, 1.967 Sixteenth Fringe Area July 1, 1969 (Area excluded from First Fringe Area of Western MWD) Fifteenth Fringe Area 'August 12, 1969 Seventeenth Fringe Area March 5, 1970 Eighteenth Fringe Area March 5, 1970 Nineteenth Fringe Area May 8, 1970 Twentieth Fringe Area September 29, 1971 Twenty -Second Fringe Area April 27, 1972 Twenty -Third Fringe Area May 23, 1975 Twenty -Filth Fringe Area April 26, 1983 Twenty -Sixth Fringe Area November 27, 1985 Twenty -Seventh Fringe Area December 19, 1985 Twenty -Eighth Fringe Area November 1.8, 1986 Twenty -Ninth Fringe Area May 4, 1987 Thirty -First Fringe Area July 9, 1987 Thirty -Second Fringe Area July 9, 1987 Thirty -Third Fringe Area August 27, 1987. Thirtieth Fringe Area December 15, 1987 Thirty -Fourth Fringe Area March 16, 1988 Thirty -Fifth Fringe Area May 2, 1988 Thirty -Eighth Fringe Area October 1.4, 1988 Thirty -Sixth Fringe Area December 5, 1988 Fortieth Fringe Area August 1, 1989 Forty -Second Fringe Area May 25, 1990 Forty -Third Fringe Area June 19, 1990 Thirty -Ninth Fringe Area July 13, 1990 Forty -First Fringe Area July 27, 1990 Forty -Fifth Fringe Area March 13, 1991 Forty -Seventh Fringe Area June 3, 1991 Forty -Eighth Fringe Area November 21, 1991. Forty-Ninth Fringe Area November 21., 1991 Fiftieth Fringe Area November 21., 1991 Fifty -First Fringe Area December 19, 1991 Forty -Fourth Fringe Area .lone 3, 1992 Fifty -Second Fringe Area June 29, t992 Forty -Sixth Fringe Area July 7, 1992. Fifty-Third Fringe Area August 27, 1992 Fifty -Fifth Fringe Area April 29, 1993 Fifty -Sixth Fringe Area June 22, 1993 Fifty -Eighth Fringe Area June 22, 1993 Fifty -Ninth Fringe Area June 22, 1993 Sixtieth Fringe Area November 29, 1993 Fifty -Seventh Fringe Area December 9, 1994 Sixty -Second Fringe Area July 3, 1996 Sixty -Third Fringe Area October 28, 1.996 Sixty -Fourth Fringe Area August 28, 1997 . Sixty -Fifth Fringe Area December 28, 2000 Seventieth Fringe Area August 29, 2001 Sixty -Seventh Fringe Area Reorganization (Area detached August 29, 2001 from portion of Original Area of Western MWD) Sixty -Eighth Fringe Area January 15, 2002 Seventy -First Fringe Area June 20, 2002 Sixty -Ninth Fringe Area November 27, 2002 Seventy -Second Fringe Area October 2.1, 2003 Sixty -Sixth Fringe Area November 17, 2003 Seventy -Third Fringe Area November 17, 2003 Seventy -Fourth Fringe Area November 17, 2003 Scventy-Fifth Fringe Area June 2, 2004 Seventy -Sixth Fringe Area April 6, 2004 Seventy -Eighth Fringe Area April 19, 2005 (22) (23) (24) (25) Eighty -Third Fringe Area December 15, 2005 Seventy -Ninth Fringe Area December 20, 2005 Eighty -First Fringe Area December 20, 2005 Eighty -Fourth Fringe Area December 20, 2005 Eighty -Seventh Fringe Area February 14, 2006 Eighty=Sixth Fringe Area March 24, 2006 Eighty -Fifth Fringe Area May 22, 2006 Eighty -Eighth Fringe Area May 22, 2006 Eighty -Ninth Fringe Area June 28, 2006 Ninety -Second Fringe Area August 2, 2006 Ninety -First Fringe Area November 28, 2006 Ninety -Fifth Fringe Area December 14, 2006 Ninetieth Fringe Area December 19, 2006 Ninety -Seventh Fringe Area April 16, 2007 Ninety -Third Fringe Area July 26, 2007 "Eleventh Fringe Area of Western MWD" shall mean the Eleventh Fringe area annexed to Western MWD and to MWD of SC on July 17, 1969. "Fifteenth Fringe Area of Western MWD" shall mean the Fifteenth Fringe area annexed to Western MWD and to MWD of SC on July 13, 1972. (Said area lying entirely within the County of Orange.) "Fourteenth Fringe Area of Western MWD" shall mean the Fourteenth Fringe area annexed to Western MWD and to MWD of SC on October 11, 1973. "Remainder of Western MWD" shall include the following areas, annexed to Western MWD and to MWD of'SC on the dates cited: Original Area November 12, 1954 (Portion of area excluded from Western MWD and annexed to Eastern MWD) First Fringe Area December 20, 1957 (Portion of area excluded from Western MWD and annexed to Eastern MWD) Second Fringe Area December 18, 1961 Third Fringe Area June 27, 1962 Fifth Fringe Area July 2, 1964 Fourth Fringe Area December 19, 1966 Seventh Fringe Area December 19, 1966 Eighth .Fringe Area September 18, 1967 (Area excluded from Fifth Fringe Area of Eastern MWD on July 26, 1967) Sixth Fringe Area September 27, 1967 Ninth Fringe Area November 1.7, 1967 Tenth Fringe Area June 12, 1968 Thirteenth Fringe Area June 233, 1969 (Area excluded from Fifth Fringe Area of Eastern MWD) Twelfth Fringe Area July 1, 1.969 (Area excluded from First Fringe Area of Eastern MWD) (26) (27) (28) (29) Sixteenth Fringe Area August 30, 1977 Area excluded from Thirteenth Fringe Area of Eastern MWD) Seventeenth Fringe Area December 23, 1980 Eighteenth Fringe Area December 15, 1981 Twentieth Fringe Area December 4, 1987 Twenty -Second Fringe Area October 14, 1998 Twenty -First Fringe Area December 5, 1988 Twenty -Third Fringe Area November 3, 1989 Twenty -Fourth Fringe Area May 18, 1990 Twenty-seventh Fringe Area May 18, 1990 Twenty -Sixth Fringe Area June 6, 1990 Twenty -Fifth Fringe Area July 13, 1990 Twenty -Eighth Fringe Area January 28, 1991 Thirtieth Fringe Area March 13, 1991 Twenty -Ninth Fringe Area November 4, 1991 Thirty -First Fringe Area February 19, 1992 Thirty -Third Fringe Area May 26, 1993 Thirty -Fourth Fringe Area October') 1, 1994 (Area excluded from Fifth Fringe Area of Eastern MWD) Thirty -Sixth Fringe Area September 29, 1997 (Area excluded from Original Area of Eastern MWD) Thirty -Seventh Fringe Area December 30, 1997 Thirty -Eighth Fringe Area .Tune 29, 1999 Fortieth Fringe Area November 22, 1999 Thirty -Ninth Fringe Area October 24, 2000 Forty -First Fringe Area December 28, 2000 Forty -Fifth Fringe Area .lone 20, 2002 Forty -Second Fringe Area February 7, 2002 (Area excluded from Fifth Fringe Area of Eastern MWD) Forty -Sixth Fringe Area November 24, 2003 Forty -Eighth Fringe Area December 15, 2003 Forty -Ninth Fringe Area April 28, 2004 Fiftieth Fringe Area May 27, 2005 Forty -Seventh Fringe Area June 21, 2005 Forty -Fourth Fringe Area June 22, 2006 "Original Area of Chino Basin MWD" shall mean the area of Chino Basin MWD annexed to MWD of SC on November 26, 1951. "Mid -Valley Area of Chino Basin MWD" shall mean the M.id-Valley area annexed to Chino Basin MWD and to MWD of SC on April 20, 1954. "Bryant Annexation Area of Chino Basin MWD" shall mean the "Bryant Annexation area annexed to Chino Basin MWD and to MWD of SC on November 25, 1957. "North Perimeter No. l Annexation Area of Chino Basin MWD" shall mean the North Perimeter No. 1 Annexation area annexed to Chino Basin MWD and to MWD of SC on November 28, 1969. (30) "Valley Center No. 2 Annexation Area of SDCWA" shall mean the Valley Center No. 2 Annexation area annexed to SDCWA and to MWD of SC on November 29, 1967. (31) "Rainbow No. 3 Annexation Area of SDCWA within MWD of SC" shall mean the Rainbow No, 3 Annexation area annexed to SDCWA and to MWD of SC on December 6, 1967, omitting therefrom the Werner Detachment excluded on August 4, 1980, the Brown Detachment excluded on January 1, 1981, and the Mann-Gosser Detachment excluded on March 4, 1981 from SDCWA and MWD of SC. (32) "De Luz Heights No. I Annexation Area of ,SDCWA" shall mean the De Luz Heights No. 1 Annexation area annexed to SDCWA and to MWD of SC on October 15, 1969, (33) "Fallbrook Cornnunity Air Park Annexation Area of SDCWA" shall mean the F'allbrook Community Air Park Annexation area annexed to SDCWA and to MWD of SC on December 22, 1969. (34) "Rincon del Diablo No. 4 Annexation Area of SDCWA" shall mean the Rincon del Diablo No, 4 Annexation area annexed to SDCWA and to MWD of SC on November 2, 1972. (35) "Rainbow No. S Annexation Area of SDCWA" shall mean the Rainbow No. 5 Annexation area annexed to SDCWA and to MWD of SC on November 22, 1973. (36) "Pendleton Military Reservation Area of SDCWA-Nuclear Generating Plant Portion Thereof' shall mean the Pendleton Military Reservation Area of SDCWA-Nuclear Generating Plant portion thereof annexed to SDCWA and to MWD of SC on December 16, 1977. (37) "Remainder of SDCWA" shall include the following areas annexed to SDCWA and to MWD of SC on the dates cited: Original Area of SDCWA Annexation (Including areas subsequently annexed to city public agencies which were included within Original Area of SDCWA at times. when such areas were not within M.WD of SC, and areas excluded from non -city public agencies of SDCWA at times when such areas were within said city public agencies) Crest PUD Territory Area San Dieguito ID Area Santa Fe ID Area 1950 Fallbrook PUD Annexation Area (Including De Luz Heights MWD Reorganization, originally De Luz Heights MWD annexed to MWD of SC on June 28, 1967 and dissolved on July 1, 1990) City of Escondido Area San Diego Gas and Electric Company Area San Diego Eucalyptus Company's Lands Area South Bay ID Area Rainbow MWD Area City of Poway Area December 17, 1946 December 13, 1948 December 13, 1948 December 13, 1948 August 1, 1950 October 9, 1950 May 14, 1952 July 18, 1952 November 3, 1952 April 10, 1954 April 21, 1954 Bueno Colorado MWD Area June 1 1, 1954 (Area dissolved and annexed to Rainbow MWD, Vista Irrigation District, Carlsbad MWD and Vallecitos Water District on November 24, 1993) Rincon Del Diablo MWD June 14, 1954 Costa Real MWD Area June 1.6, 1954 El Cajon Valley -Dry Island Area December 20, 1954 (Including Lakeside-Boukai Joint Venture Reorganization detached from Padre Dam MWD on September 11, 1996) Valley Center MWD Area May 9, 1955 Sweetwater Reservoir Area October 10, 1955 Padre Dam MWD Area June 7, 1956 Bueno Colorado Annexation No. t Area June 1.1, 1956 Otay MWD Area October 26, 1956 Original Area of Ramona MWD within MWD of SC August 27, 1957 1~allbrook No. 2 Annexation Area November 24, 1958 Helix Watson Ranch -Island Area February 20, 1959 Rainbow No. 1 Annexation Area May 12, 1959 Ramona No. 1 Annexation Area May 29, 1959 Helix -Fletcher Annexation Area June 26, 1959 San Dieguito Concurrent Annexation No. 1 Area September 15, 1959 Helix-Sunnyslope Heights Annexation Area September 17, 1.959 Poway No. 1 Annexation Area September 21, 1959 Padre Dam MWD No. 2 Annexation Area November 6, 1959 Padre Dam MWD No. l Annexation Area November 1.0, 1959 San DlegUito Local Inclusion Annexation Area November 19, 1959 Santa Fe No. I Annexation Area November 30, 1959 Olivenhain MWD Area July 25, 1960 (including Encinitas Municipal Services Reorganization Parcels 1, 2, & 3 detached from San Dieguito No. 2 Annexation Area of SDCWA on June 16, 1995) helix-Willis-Iloustosn Annexation Area August 10, 1960 Padre Darn MWD No. 3 Annexation Area October 16, 1960 Otay No. 3 Annexation Area October 20, 1960 Valley Center No, 1 Annexation Area December 12, 1960 Rincon del Diablo No. 1 Annexation Area December 12, 1960 Ramona No. 2 Annexation Area within MWD of SC September 22, 1961 Rincon del Diablo No. 2 Annexation Area September 29, 1961 City of Del Mar Area November 23, 1962 Ramona No. 3 Annexation Area September 20, 1963 Yuima MWD Area December 16, 1963 (Excluding Adams/Fitzsimmons Reorganization .Parcel I annexed to Valley Center MWD, including Adams/Fitzsimmons Reorganization Parcel 2 excluded from Valley Center MWD on March 26, 1991) Rincon del .Diablo No. 3 Annexation Area August 27, 1964 Olivenhain No. 1 Annexation Area February 11, 1965 South Bay Tidelands Area May 11, 1965 De Luz Heights Annexation Area (Reorganization) .tune 28, 1967 Olivenhain No. 4 Annexation Area November 13, 1967 (38) (39) (40) (41) (42) Yuima No. 1 Annexation Area November 21, 1967 Ramona Dos Picos Area November 27, 1967 Ramona No. 4 Annexation Area November 27, 1967 Valley Center No. 3 Annexation Area November 30, 1967 Yuima No.2 Annexation Area November 24, 1969 Padre Dam MWD No. 4 August 3, 1970 Ramona No. 5 Annexation Area May 17, 1972 San Dieguito No. 2 Annexation Area December 8, 1972 (Including Encinitas Municipal Services Reorganization on June 16, 1995) Santa Fe No. 2 Annexation Area April 11, 1973 Valley Center No. 4 Annexation Area November 5, 1973 San Onofre State Beach and Parl< Area December 16, 1977 Remainder of Pendleton Military Reservation Area December 16, 1.977 Rancho Jamul Estates Annexation Area March 13, 1979 Lake Hodges Estates Annexation Area June 26, 1980 13urclicl< Annexation No. 5 Area to Padre Dam MWD July 26, 1982 Palo Verde Annexation No. 6 Area to Padre Dam MWD November 15, 1983 Lake Ranch Viejo Annexation to Rainbow MWD December 13, 1983 Honey Springs Ranch Annexation Area to Otay M.WD December 14, 1983 Thweatt Annexation Area to Rincon del Diablo MWD December 30, 1983 Hewlett-Packard Annexation Area to Rainbow MWD December 31, 1985 4S Ranch Annexation Area to Olivenhain MWD November 5, 1986 Quail Park Reorganization Area Annexed to San Dieguito July l l , .1989 Water District and excluded from Olivenhain MWD Paradise Mountain Area Annexed to Valley Center MWD January 11, 1993 Boathouse Area Annexed to Otay Water District September 6, 1994 Guajome Regional Park Annexation to Vista Irrigation District October 23, 1998 Podrasky Ohlson Annexation to Valley Center M.WD March 11, 2004 San Elijo Ridge Reorganization (Altman) to Vallecitos August 9, 2004 Water District Baxter Annexation (RO 03-19) to Padre Dam MWD July 9, 2005 "Oxnard Fifth Fringe Area of Calleguas MWD" shall mean the Oxnard Fifth Fringe area annexed to Calleguas MWD and to MWD of SC on December 16, 1974. "Oxnard Sixth Fringe Area of Calleguas MWD" shall mean the Oxnard Sixth Fringe area annexed to Calleguas MWD and to MWD of SC on December 30, 1975. "Oxnard Seventh Fringe Area of Calleguas MWD" shall mean the Oxnard Seventh Fringe area annexed to Calleguas MWD and to MWD of SC on December 17, 1976. "Oxnard Eighth Fringe Area of Calleguas MWD" shall mean the Oxnard Eighth Fringe area annexed to Calleguas MWD and to MWD of SC on December 12, 1977. "Remainder of Calleguas MWD" shall include the following areas annexed to Calleguas MWD and to MWD of SC on the dates cited: Original Area of Calleguas MWD December 14, 1960 Calleguas Annexation No. 1 Area March 16, 1961 Lake Sherwood Area March 14, 1963 Annexation No. 3 Territory March 15, 1963 Oxnard Mandalay Area December 8, 1964 Oxnard First Fringe Area December 8, 1964 Annexation No. 6 Territory October 17, 1968 Oxnard Second Fringe Area November 7, 1969 Camarillo First Fringe Area December 19, 1969 Oxnard Third Fringe Area December 14, 1970 Oxnard Fourth Fringe Area December 19, 1972 Point Mugu. State Park. Area June 22, 1973 Ventura School for Girls Area December 17, 1976 Calleguas Annexation No. 17 Area December 28, 1979 Calleguas Annexation No. 19 Area December 9, 1981 Calleguas Annexation No. 20 Area December 21, 1981. Calleguas Annexation No. 18 Area December 29, 1981 Calleguas Annexation No. 21 Area March 24, 1982 Calleguas Annexation No. 22 Area December 2, 1983 Calleguas Annexation No. 23 Area November 30, 1984 Calleguas Annexation No. 24 Area June N, 1985 Calleguas Annexation No. 25 Area November 27, 1985 Calleguas Annexation No. 26 Area July 25, 1986 Calleguas Annexation No. 27 Area December 31, 1987 Calleguas Annexation No. 28 Area October 4, 1988 Calleguas Annexation No. 29 Area October 10, 1989 Calleguas Annexation No. 30 Area July 6, 1990 Calleguas Annexation No. 31 Area September 25, 1990 Calleguas Annexation No. 33.Area November 27, 1991 Calleguas Annexation No. 34 Area .]Line 24, 1992 Calleguas Annexation No. 35 Area February 26, 1993 Calleguas Annexation No. 36 Area February 26, 1993 Calleguas Annexation No. 39 Area February 2, 1994 Calleguas Annexation No. 40 Area May 16, 1994 Calleguas Annexation No. 41 Area August 16, 1994 0t1leguas Annexation No. 43 Area August 16, 1994 Calleguas Annexation No. 45 Area August 16, 1994 Calleguas Annexation No. 46 Area September 27, 1994 Calleguas Annexation No. 38 Area December 19, 1994 Calleguas Annexation No. 44 Area December 19, 1994 Calleguas Annexation No. 47 Area September 19, 1995 Calleguas Annexation No. 48 Area December 21, 1995 Calleguas Annexation No. 32 Area March 5, 1996 Calleguas Annexation No. 49 Area December 18, 1996 Calleguas Annexation No. 52A Area November 4, 1997 Calleguas Annexation No. 53 Area December 19, 1997 Calleguas Annexation No. 52B Area December 23, 1997 Calleguas Annexation No. 51 Area JLme 9, 1998 Calleguas Annexation No. 54 Area January 26, 1999 Calleguas Annexation No. 55 Area J kIIUary 27, 1999 CallegLas Annexation No. 61 Area October 27, 1999 Calleguas Annexation No. 57 Area December 29, 1999 Calleguas Annexation No. 58 Area December 29, 1999 Calleguas Annexation No. 60 Area December 29, 1999. Calleguas Annexation No. 65 Area August 2, 2000 Calleguas Annexation No. 66 Area August 4, 2000 Calleguas Annexation No. 63 Area December 27, 2000 Calleguas Annexation No. 68 Area April 1.7, 2001 Calleguas Annexation No. 69 Area July 20, 2001 Calleguas Annexation No. 70 Area July 27, 2001 Calleguas Annexation No. 74 Area November 26, 2001 Calleguas Annexation No. 72 Area December 17, 2001 Calleguas Annexation No. 75 Area April 24, 2002 Calleguas Annexation No. 76-A Area July 2, 2002 Calleguas Annexation No. 76-B Area July 26, 2002 Calleguas Annexation.No. 79 May 27, 2003 Calleguas Annexation No. 81 August 1 L, 2003 Calleguas Annexation No. 82 September 22, 2003 Calleguas Annexation No. 80 December 9, 2002 Calleguas Annexation No. 67 December 22, 2003 Calleguas Annexation No. 73 December 22, 2003 Calleguas Annexation No. 77 June 4, 2004 Calleguas Annexation No. 78 March 3, 2004 Calleguas Annexation No. 84 October 22, 2004 Calleguas Annexation No. S3 November 23, 2005 Calleguas Annexation No. 85 January 3, 2006 (43) "Exclusions from City of Los Angeles Area" shall mean the following areas excluded from the City of Los Angeles and from MWD of SC on the dates cited: Alhambra l lills Annexation to City of Alhambra January 27, 1964 Portion of Reorganization No. 85-2 of City of Los Angeles December 30, 1.985 Creekside Condominiums (Reorganization 98-01) Septeniber 11, 2002 (44) "Exclusion from Las Virgenes MWD" shall mean the following area excluded from Las Virgenes MWD and from MWD of SC on the date cited: Portion of Reorganization No. 85-2 of Original Area of December 30, 1985 Las Virgenes MWD (45) "Exclusion from Three Valleys MWD" shall mean the following area ex.eluded from Three Valleys MWD and from MWD of SC on the date cited: Azusa Reorganization (Parcels 1, 2, 3 & 20) May 21, 1996 (46) "Exclusions from Ramona No. 2 Annexation Area" shall mean the following areas excluded from Ramona No. 2 Annexation area oC SDCWA and from MWD of SC on the elates cited: Schlueter Detachment 13onfils Detachment December 19, 1977. December 29, 1978 (47) "EXCILiSions from Rainbow No. 3 Annexation Area" shall mean the following areas excluded from Rainbow No. 3 Annexation area of SDCWA and from MWD of SC on the dates cited: Werner Detachment Brown Detachment Mann-Gosser Detachment August 4, 1980 January I, 1981 March 4, 1981 (48) "Exclusion from Original Area of Ramona MWD" shall mean the following area excluded from Ramona MWD Area of SDCWA and from MWD of SC on.the date cited: Meyer Detachment March 10, 1983 (49) "Exclusion from Original Area of Western MWD" shall mean the following area excluded from Original Area of Western MWD and from MWD of SC on the date cited: LAFCO 94-28-2 Detachment January 21, 1997 (50) "Exclusion from Central Basin MWD" shall mean the following area excluded from Central Basin MWD and from MWD of SC on the date cited: Reorganization No. 1-1998, Parcel 1 & 2 to San Gabriel December 29, 1999 Valley Water District Section 3. ASSESSED VALUATIONS The county auditors of the counties of Los Angeles, Orange, San Bernardino, San Diego and Ventura have certified the assessed valuations of all property taxable by MWD of SC for the fiscal year and their respective certificates have been filed with the Board of Directors. The auditor of Riverside County has provided preliminary assessed valuations, and when received, the certification will be filled with the Board of Directors (if needed). Section 3.1 STATEMENT REGARDING AR"I7CLE Xlll A OF THE CONSTITUTION OF THE STATE Of CALIFORNIA None of the tax levies made by the Board of Directors of MWD of SC in the next succeeding sections fall with Section I(a) of Article XIII A approved by the electorate on June 6, 1978 for addition to the California Constitution, effective July 1, 1978. All of said levies fall tinder the Section I (b) exemption to said Section 1(a) and are otherwise exempt from said Section I (a) by reason of the impairment of contract clause of Article I, Section 1.0 of the United States Constitution. Accordingly, none of said levies fall with Article XIII C and XIII D approved by the electorate on November 5, 1996, for addition to the California Constitution, by reason of the aforementioned exemptions and the provisions of Section 2(d) of Article X1.11 C and Section 3(a)(2) of Article XIII D. All of said levies are made pursuant to Revenue and Taxation Code Section 93(a) and are for the purpose of and shall be used for payment of "voter -approved indebtedness." Section 4. ANNEXATION LEVY For the dual Purposes of raising the amounts required to. be raised by means of special tax levies on taxable properties as prescribed by resolutions of the Board of Directors of MWD of SC fixing terms and conditions for annexation to MWD of SC (or as such terms and conditions may have been modified in accordance with the Metropolitan Water District Act of the State of California, Statutes 1969, Chapter 209, as amended) and for raising funds necessary to provide for payment of a portion of the capital cost component of eith.cr (lie Transportation Charge or the Delta Water Charge, or both, billed to MWD of SC under the "State Water Contract" (as identified in Section 6 of this Resolution) clue or to become due within the current fiscal year of within the following fiscal year before the time when money will be available from the next tax levy; a. The amount of money necessary to be raised by ad valorem property taxation during the fiscal year is the sum set forth in the last line of Column # 1 of Schedule A. b. The rates of such taxation of MWD of SC for the fiscal year 2009/2010 upon secured taxable property in each of the areas subject to sLIch levies hereby are set forth in Column # I of Schedule B. c. The amounts of money to be derived from said levies are set forth in Column #3 of Schedule .B, including the amounts of money to be derived from the area of MWD of SC within each separate Municipality. Section 5. BOND LEVY For the purposes of paying the anneal interest on the outstanding bonded indebtedness of MWD of SC incLirred as a result of approval by the voters residing within MWD oFSC and Such part of the principal ofsuch bonds as shall become due before the time when money will be available from the next general tax levy, or such portion thereof as shall not be met from previous levies or other revenues of the District, The amount of money necessary to be raised by ad valorem property taxation during the fiscal year is the sum set forth in the last line in column #2 of Schedule A. b. The rate of such taxation of .MWD of SC for the fiscal year 2009/2010 upon secured taxable property within MWD of SC hereby is fixed and levied at .0022% of assessed valuation. The rate of such taxation for the fiscal year 2009/2010 upon unsecured taxable property is the rate fixed and levied for the preceding year applicable to secured taxable property, as required by operation of law. C. The amounts of money necessary to be derived from said levy are set forth in Column #4 of Schedule B, including the amounts of money to be derived from the area of MWD of SC within each separate municipality. Section 6. STATE WATER CONTRACT LEVY For the purpose of raising funds in excess of those funds raised under Section 4 of this Resolution, necessary and sufficient to provide for payments due or to become clue within the current fiscal year or within the following fiscal year before the time when money will be available from the next tax levy, or such portion thereof as shall not be met from previous levies or other revenues of the District under the "CONTRACT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES AND THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOR A WATER SUPPLY, dated November 4, 1960" (State Water Contract): a. The amount of money necessary to be raised by ad valorem property taxation during the fiscal year in excess of the sum raised under Section 4 of this Resolution is the sum set Cor(h in the last line of Column #3 of Schedule A. b. The rate of such taxation of MWD of SC for the fiscal year 2009/20 10 upon secured taxable property within MWD of SC hereby is fixed and levied at .0021% of assessed valuation. The rate of such taxation for the fiscal year 2009/2010 upon the unsecured taxable property is the rate fixed for the preceding year applicable to secured taxable property, as required by operation of law. G. The amounts oi' money necessary to be derived from said levy are set Forth in column #5 of: Schedule B, including the amounts of.'moncy to be derived from the area of N1WD of SC within each separate municipality. Section 7. TOTALS The total rates of ad valorem property taxation of MWD of SC for the fiscal year upon secured taxable property are set forth in Column 42 of Scheduled. The total amounts of money to be derived by virtue of such tax levies for the fiscal year are set forth in Column #6 of Schedule B, including the amounts of money to be derived from the area of M.WD of SC within each separate municipality. Section 8. REDEVELOPMENT AGENCIES Pursuant to the "Community Redevelopment Law" (California Constitution Art. X.111, Sec. 19; Health and Safety Code, See. 33000 et seq.) taxes levied upon taxable property in a redevelopment project each year by MWD of SC atler the effective date of the ordinance approving the redevelopment plan shall be allocated as follows: a. That portion of the taxes which would be produced by the rate upon which the tax is levied for the fiscal year upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of such property by MWD of SC, last equalized prior to the effective date of such ordinance, shall be allocated to, and when collected shall be paid into the funds of the MWD of SC; and b. That portion of said levied taxes for the fiscal year in excess of such amount shall be allocated to and when collected shall be paid into a special hand of the respective redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether Funded, refunded, assumed, or otherwise) incurred by, such redevelopment agency to finance or refinance, in whole or in part, such redevelopment project; provided, however, in the case of any redevelopment project for which MWD of SC has elected, by resolution of its Board of Directors, pursuant to Section 33676 of the Community Redevelopment Law, to be allocated that portion of tax revenues attributable to any increase in MWD of SC's tax rate occurring sifter such project's base year and filed copies of such resolution with the affected redevelopment agency and county officers, such portion of such tax revenues shall be paid into the funds of MWD of SC. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes levied by MWD of SC upon the taxable property in such redevelopment project shall be paid into the funds of the MWD of SC as taxes on all other property are paid. The total rates of taxation of MWD of SC for the fiscal year set forth in Column #2 of Schedule B are the rates of taxation upon taxable property taxable by MWD of SC within the areas shown in said Schedule, including taxable property within redevelopment agencies as well as all other property so taxable by MWD of SC; and the total amounts of money shown in Column #6 of Schedule B to be derived from certain of said areas by virtue of said tax levies of MWD of SC include amounts of money to be allocated to redevelopment agencies, as well as amounts of money to be allocated to MWD of SC. The estimated adjustment to be made to account for the difference between the total amount levied and the amount to be derived is included in the provision for estimated collection delinquencies shown in Schedule A. Section 9 SCl-IEDULES A AND B Schedules A and B are attached after the last page of the resolution. I. HEREBY CERTIFY that the foregoing is a full, true, and correct copy of a resolution of the Board of Directors of The Metropolitan Water District of Southern California, adopted at its meeting held AuguSt 18, 2009. 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C] c0 c9 oo' (,tl N Q CJ. 0 'o �D C1 O Cl O V O M O x co co co c N (emu m to x Q � 0) 0 0 0 C„ O Q CJ (V M M o2 6 C)Cn I— c3 0 0 Q ?{ Q to Ew. tl5 r CS O to €� O C O p�j Q Q' U o o ca �L o o a -fir O C7 G1 � (tl O O Q (D (IS f C Q ro E 'o U QS cn �% Q a-�✓ z a n © o 0 0 w c E m u x o 0 iG f0 m m W p O O C C 0 7 7 LL o w : N 0 U) .,C W UJ d L (:� a t W '. it MWD METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Office of the Board of Directors September 15, 2009 Mayor Miguel A. Pulido City of Santa Ana City IIall P.O. Box 1988 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mayor Pulido: IR NMI AM CI-V!7 A�,�, l t fc':;' is ANA VIA CERTIFIED MAIL , Pursuant to the requirements of the Metropolitan Water District Act (Stats. 1969, Chapter 209, as amended), and acting under instructions from the Board of Directors of The Metropolitan Water District of Southern California, I transmit herewith a certified copy of Resolution 9100 adopted by said Board of Directors on August 18, 2009, levying a tax for the fiscal year 2009/10 upon taxable property lying within your public agency. Acicnowledgrnent of the receipt of the enclosed certified copy of said resolution is requested. Very truly yours, Dawn Chin Board Executive Secretary do Enclosure s:N%vpshfiredlcorreslLax levy2 009.doc ACKNOWLEDGMENT OF RESOLUTION 9100 RECEIVED ON1 1'1 col (Date) -0� , Signature 0 "JU 0 � y�. r, . Title 700 N. Alameda Street, Los Angeles, Gaiifornia 90012 • Mailing address: Box 54153, Los Angeles, California 90054-0153 • Telephone (213) 217-6000