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HomeMy WebLinkAboutResolution 1988 - 0120RESOLUTION NO.88-120 ADOPTING REDEVELOPMENT AGENCIES TAX •INCREMENT PASS THROUGH POLICY A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7, 11,13 AND 14 OF ORANGE COUNTY,CALIFORNIA, ESTABLISHING DISTRICTS’POLICIES RELATED TO PASS- THROUGH OF TAX INCREMENT IN REDEVELOPMENT AGENCY PROJECTS WHEREAS,County Sanitation Districts Nos.1,2,3,5,6,7, and 11 receive a substantial portion of revenue from its share of the ad valorem basic tax levy on real property within the Districts;and, WHEREAS,continued receipt of the Districts’share of ad valorem tax revenue is necessary in order to meet the increasing costs of operation and maintenance of the Districts’wastewater treatment facilities and to provide sewerage service to properties within the Districts;and, WHEREAS,new,increased development of property places a considerably increased financial demand upon the Districts, resulting in higher operation and maintenance expenses;and, WHEREAS,the loss of any ad valorem tax revenue will result in an inequitable shifting of costs among the sewerage system users and necessitate the adoption of new and higher user service charges as a supplement in order to have adequate funds to meet the financial obligations for operation and maintenance; and, WHEREAS,there has been an ever—increasing number of projects undertaken by redevelopment agencies providing for new and expanded development or redevelopment,all of which place an 1 additional sewerage service requirement upon the Districts;and, WHEREAS,in the absence of the Districts receiving a share of the ad valorem tax increment realized by the new and increased development and redevelopment of properties within redevelopment agencies,the Districts will incur higher operation and maintenance expenses to provide service to increased development without receiving a commensurate increase in the ad valorem tax revenue;and, WHEREAS,the Districts have determined that it is in their best interests to negotiate with representatives of all redevelopment agencies to receive a portion of the tax increment that is produced by development or redevelopment within redevelopment agency •projects. NOW,THEREFORE,the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County, Cal if ornia, DO HEREBY RESOLVE,DETERMINE AND ORDER: ~~:The policy of the Districts relating to development or redevelopment improvements within redevelopment agency project areas,is to obtain a fair and equitable share of the ad valorem tax revenue on the developed property,including but not limited to,a portion of any tax increment realized as a result of the development or redevelopment,in order that the Districts may be adequately compensated for the increased cost of providing wastewater treatment facilities and to conduct the operations and maintenance of said facilities. 2 £~~U&n Z:In furtherance of the policy,the Districts declare: A.That the Districts will elect,pursuant to Health and Safety Code Section 33676(b),to be allocated all the tax revenues: (1)attributable to increases in the rate of tax imposed for the benefit of the Districts,which levy occurs after the tax year in which the ordinance adopting the redevelopment plan becomes effective.This could occur only in those instances where the District realizes an increase in the historical share of the base ad valorem tax revenue due to a decrease in the rate by other taxing agencies or a voter approved increase; (ii)attributable to increases in the assessed value of the taxable property within a redevelopment project area,as the assessed value is established by the assessment roll last equalized prior to the effective date of the ordinance adopting the redevelopment plan,all pursuant to California Health &Safety Code Section 33670(a),which revenues are,or otherwise would be,calculated annually pursuant to Revenue &Taxation Code Section 110.1(f).This increase is the annual fixed 2%increase of the assessed value attributable to inflation and does not reflect increases in assessed value due to construction of improvements or reassessment after transfer of title. B.That for all tax increment revenue,other than that described in Subparagraph A above,it will undertake negotiations with each redevelopment agency for all projects undertaken by 3 said agency to achieve one or more of the following alternatives: 1.A pass—through of incremental tax revenues for the project area; 2.To discuss costs and select an appropriate alternative in the form of the redevelopment agency providing facilities or other mutually agreeable programs to the Districts,to be determined on a project—by—project basis; 3.The issuance of industrial waste permits to all commercial and industrial users within each project area and the levy of a supplemental user charge on residences within each project area. ~~~jQfl ~:That the Board Secretary of the Districts is hereby authorized and directed to transmit copies of this Resolution to the appropriate officials of all redevelopment agencies within the County of Orange. PASSED AND ADOPTED at a regular meeting of the Boards of Directors held this ~day of August ,1988. (B29) 4 STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I,RITA J.BROWN,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11,13 and 14 of Orange County, California,do hereby certify that the foregoing Resolution No.88—120 was passed and adopted at a regular meeting of said Boards on the 10th day of August,1988,by the following vote,to wit: AYES:Margaret M.Arnold,Ben Bay,Roland E.Bigonger,A.B.“Buck” Catlin,John C.Cox,Jr.,Norman E.Culver,Richard B.Edgar, John Erskine,Don R.Griffin,Dan Griset,Robert Hanson,Evelyn Hart,Ronald B.Hoesterey,Ursula E.Kennedy,Gene A.Leyton, William D.Mahoney,Philip Maurer,Tom Mays,Sally Anne Miller, Todd Murphy,James Neal,Carrey J.Nelson,Bob Perry,Richard 1.Polls,Don R.Roth,J.R.“Bob”Siefen,Don E.Smith,Roger R.Stanton,John H.Sutton,Peer A.Swan,Charles E.Sylvia, James A.Wahner,Edna Wilson NOES:None ABSENT:Arthur G.Newton,Sal Sapien,Wayne Silzel IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 on behalf of itself and Districts Nos.2,3,5,6,7,11,13 and 14 of Orange County,California,this 10th day of August,1988. Rita J.Brown.,Secretary Boards of Directors,C.~,unty Sanitation Districts Nos.,1~-,~2,3,5, 6,7,11,13 and 14 of Orange County, California