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HomeMy WebLinkAbout2014-11-26 - Resolution No. 14-17RESOLUTION NO. 14 -17 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A POLICY ON THE DISPOSITION OF REFUNDS FROM OUTSIDE AGENCIES AND RESCINDING RESOLUTION NO. 08 -01 WHEREAS, the Board of Directors of the Yorba Linda Water District has, from time to time, received refunds from water agencies such as the Metropolitan Water District of Southern California and the Municipal Water District of Orange County; and WHEREAS, the Board of Directors has considered many options on the disposition of these refunds including: (1) an immediate return to District customers in the form of a refund, (2) a one -time refund to each currently active account; (3) a reduction in the water rate for the next twelve months; (4) a reduction in the water rate for just the summer months, (5) a return of the funds to the issuing agency with a request that those funds be applied to offset future invoices; and (6) deposit of the funds directly into the water operating fund account; and WHEREAS, the Board of Directors has decided in the past that the fairest, quickest and least expensive method was to issue a one -time refund credit to each active account excluding fire detector check accounts at the time of the refund; and WHEREAS, the Board of Directors desires to further clarify the method used to pass through these types of refunds to District customers. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District that when the District receives a refund from the Metropolitan Water District of Southern California, the Municipal Water District of Orange County, the Orange County Water District, Southern California Edison Company or The Gas Company, the refund shall be handled as follows: Section 1. If the refund is in excess of $75,000, then the refund shall be passed through to the District's customers by taking the total amount of the refund divided by the total number of active water accounts, excluding the fire detector check accounts, and applying the refund as a one -time credit on a date to be determined by the General Manager. Section 2. If the refund is less than or equal to $75,000, then the refund shall be credited against the appropriate operating general ledger expense account as determined by the General Manager. Section 3. That Resolution No. 08 -01 is hereby rescinded. Resolution No. 14 -17 Adopting a Policy on the Disposition of Refunds from Outside Agencies Section 4. That Resolution No. 14 -17 becomes effective immediately upon adoption by the Board of Directors. PASSED AND ADOPTED this 26th day of November 2014, by the following called vote: AYES: Directors Beverage, Collett, Hawkins, Kiley and Melton NOES: None ABSTAIN: None ABSENT: None ATTEST: Marc Marcantonio, Board Secretary Yorba Linda Water District Reviewed as Arthu�,G'Kdman, Esq. Kidman Law LLP Legal Counsel: Robe R. Kiley, President Yorba Linda Water District Resolution No. 14 -17 Adopting a Policy on the Disposition of Refunds from Outside Agencies 2