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HomeMy WebLinkAbout1979-11-08 - Resolution No. 79-40RESOLUTION NO. 79 -40 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT REGARDING RESOLUTIONS NO. 78-18 AND NO. 78-25 WHEREAS, Resolution 78-18 was adopted March 30, 1978 declaring the intent of this Board to reduce by phases and eventually eliminate future District taxes for general fund purposes and replace lost tax revenue with water revenue; and WHEREAS, Resolution 78-25 was adopted May 4, 1978 declaring the policy of the District with respect to Improve- ment District No. 1, to relieve the property that was within the District and to be included within the proposed Improvement District No. 1 of the exist- ing tax rate of the District; and WHEREAS, Proposition 13 was passed by the voters of the State of California on June 6, 1978 which amended the California Constitution to limit general property taxes for all purposes to one percent of the full cash value of property and the California legislature passed implementing measures which provided for allocation of the one percent property tax proceeds among the local agencies in each county; and WHEREAS, Proposition 13 and the implementing legislation have eliminated the ability of District to establish its general fund tax rate and have provided that the county-wide tax rate shall be and remain one percent of full cash value; and WHEREAS, the District may refuse its allocable share of property tax proceeds, but such refusal will eliminate this source of revenue without reducing the property taxes actually paid by the landowners and inhabitants of the District; and WHEREAS, refusal of the District's allocable share of property tax proceeds will result in a net outflow of local property tax dollars from the Yorba Linda area and the District's share would be reallocated among local agencies outside of the District; and WHEREAS, if the District were to reduce its revenue by refusing its allocable share of property tax proceeds, the District would be forced to make up lost revenue by increased water charges and sewer charges; and 0 0 WHEREAS, the foregoing increase in water and sewer charges without commensurate reduction in property taxes will increase the total burden of local government on the citizens of the District; and WHEREAS, the net outflow of property tax proceeds and increase in the burden of local government is inconsistent with Proposition 13 as well as the intended policy of this Board as specified in Resolutions 78-18 and 78-25. NOW, THEREFORE, the Board of Directors of the Yorba Linda County Water District does resolve, order, find, and determine as follows: Section 1: The passage of Proposition 13 and implementing legis- lation have fundamentally changed the circumstances supporting the Board's declaration of intent with respect to future District tax policy and such change of circumstances requires a change of policy in order to achieve rather than thwart the District's objective of providing high quality water and sewer service on the most economically feasible basis. Section 2: The declared policies of Resolutions 78-18 and 78-25 will now increase the burden of property taxes and water and sewer charges upon the citizens of the District in contradiction of the actual intention of the Board in adopting said resolutions. Section 3: Resolutions 78-18 and 78-25 are hereby rescinded and repealed and shall henceforth be null and void. ADOPTED and approved this 8th day of November , 1979, by the following called vote: Ayes: Clodt, Korn, Cromwell and Knauft Noes: None Absent: Lindow l PVesiden ATTEST: Secre ary -2-