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90-190 RESOLUTION NO. 90R-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A REVISION TO THE BASE YEAR APPROPRIATIONS LIMITATION WHEREAS, the voters of California on November 6, 1977 added Article XIII B to the State Constitution placing various limitations on the appropriations of the state and local governments; and WHEREAS, each year the City is required, by resolution, to establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIII B of the State Constitution; and WHEREAS, when the City Council of the City of Anaheim established the initial 1978-1979 appropriations limit, the calculation therefor deemed franchise fees paid to the City to be "proceeds of taxes" as such term is defined in Section 8 of Article XIII B of the State Constitution and, thus, such fees were included in the initial calculation; and WHEREAS, on April 18, 1989 the California Court of Appeal for the Second District rendered its decision in Santa Barbara County Taxpayers Association rs. Board of Supervisors for the County of Santa Barbara (209 Cal. App. 5rd 940), which decision is now final, holding, among other things, that franchise fees paid to a governmental entity are not "proceeds of taxes" under the constitutional provision limiting the amount of tax revenues a government entity may spend each year and such fees are not required to be included as funds subject to the appropriations limit; and WHEREAS, based upon the Santa Barbara Taxpayers Association case, it is deemed necessary for the City of Anaheim to recalculate the base year appropriations limitation in order to conform to the holding in said case; and WHEREAS, recalculating the 1978-79 base year appropriations limits changes the 1989-90 adopted limit from $121,755,958 (which amount includes franchise fees in its calculation) to $121,119,474 (which amount excludes franchise fees in its calculation). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, in accordance with the findings contained herein, the Article XlII B of the State Constitution base and subsequent year appropriations limitation be, and the same is hereby, recalculated and revised to exclude franchise fees paid to the City. BE IT FURTHER RESOLVED, that, based on such recalculation, the revised appropriation limit for fiscal year 1989-90 is $121,119,474. AND BE IT FURTHER RESOLVED that, in calculating the appropriations limitation for years subsequent to 1989-90, franchise fees shall not be included in such limitation as "proceeds of taxes." THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12thday of June, 1¢90. ATTBST: CITY CLBRK OF TH Y OF ANAHEI~ ROF:lm 3682L CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-190 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of June, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Daly, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-190 on the 13th day of June, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of June, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-190, duly passed and adopted by the Anaheim City Council on June 12, 1990. CITY CLERK OF THE CITY OF ANAHEIM