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HomeMy WebLinkAbout1980-03-27 - Resolution No. 80-04RESOLUTION 80-4 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT CONCERNING ALLOCATION OF TAX REVENUE IN ANNEXATION 77-5 WHEREAS, by Annexation 77-5 to the Yorba Linda County Water District, certain territory was included within the District's boundaries and became entitled to receive service from the District; and WHEREAS, services provided by the District are essen- tial to proposals for land development which, in turn, greatly enhances property values and property tax revenues; and WHEREAS, the Yorba Linda County Water District has expended and in the future will be required to expend large sums of money in order to extend service to newly-developing territory; and WHEREAS, passage of Article XIIIA of the California Constitution and implementing legislation has eliminated the District's ability to establish tax rates and has fixed a uniform tax rate of $4.00 per $100.00 of assessed value throughout the State of California; and WHEREAS, Chapter 6 of Part 0.5 of Division 1 of the California Revenue and Taxation Code has established a method for allocating property tax revenues among local agencies generally in proportion to each agency's share of property tax revenue from each tax rate area in fiscal year 1977-78; and WHEREAS, Section 99 of the Revenue and Taxation Code requires adjustment of property tax revenue in the case of a jurisdictional change and further requires the Board of Supervisors to negotiate any exchange of property tax revenues on behalf of Yorba Linda County Water District when a jurisdictional change effects the service area or service responsibility of the District. NOW, THEREFORE, the Board of Directors of the Yorba Linda County Water District does hereby resolve, find, determine and order as follows: Section 1: Extension of District service into the territory added to the District by Annexation 77-5 has resulted in increases in assessed values within said terri- tory. Unless a share of the property tax revenue gener- ated from within the territory is allocated to Yorba Linda County Water District, great unfairness and inequity will be imposed upon the citizens and taxpayers within such terri- tory. Unless a share of property tax revenue resulting from the increases in assessed value is allocated to the Yorba Linda County Water District the citizens and taxpayers within the territory comprising Annexation 77-5 will be required to subsidize other citizens in other portions of the County of Orange because of the net outflow of -2- tax dollars from the Yorba Linda area. Since the increase in assessed value within said territory is, in part, attri- butable to provision of service by the Yorba Linda County Water District, it is inequitable for other local agencies that are not providing service in the area to receive increased property tax allocations resulting from such increase in assessed value. Section 2: The principal sources of revenue to the Yorba Linda County Water District are property taxes and charges for water and sewer service. It is the policy of Yorba Linda County Water District to keep the rates charged for water and sewer service as low as possible. For this reason, retention of property tax revenues in Yorba Linda can benefit the citizens of Yorba Linda through reduced water and sewer service rates. Section 3: Increases in property tax revenue within the territory added to the Yorba Linda County Water District by Annexation 77-5 should be allocated to the Yorba Linda County Water District as though said territory had been included within the District in fiscal year 1977-78 and fully subject to the property tax rate of the Yorba Linda County Water District in that year. This will result in an appropriate proportionate share of the property tax revenue being allocated to the Yorba Linda County Water District for the benefit of the citizens and taxpayers of the District through reduced water and sewer service rates. -3- Section 4: The Board of Supervisors of the County of Orange is hereby requested and instructed to negotiate on behalf of the Yorba Linda County Water District, as provided in Section 99 of the Revenue and Taxation Code, an exchange of property tax revenue for the territory included within Annexation 77-5 in accordance with the principles set forth above. PASSED AND ADOPTED this 27th day of March, 1980 by the following roll call vote: AYES: DIRECTORS: Knauft, Korn, Clodt, Lindow and Cromwell NOES: DIRECTORS: None ABSENT: DIRECTORS: None President YORBA LINDA COUNTY ATER DISTRICT ATTEST: " - ~ Lll~- Sec tary YOR LINDA COUNTY WATER DISTRICT -4- SECRETARY'S CERTIFICATE I, JEAN E. MATHEWS, Secretary of Yorba Linda County Water District, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Directors of said District duly and regularly held at the regular meeting place thereof on March 27, 1980, of which meeting all of the members of said Board had due notice and at which a majority thereof was present; and that at said meeting said resolution was adopted by the following vote: AYES: DIRECTORS: Knauft, Lindow, Clodt, Korn and Cromwell NOES: DIRECTORS: None ABSTAIN: DIRECTORS: None ABSENT: DIRECTORS: None I further certify that I have carefully compared the same with the original resolution on file and of record in my office; that the foregoing is a full, true and correct copy of said original resolution adopted at said meeting; and that the foregoing has not been amended, modified or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said District on March'jL' 1980. Secre, ary of Yorba Linda County Wate District -5-