Reso 1981-363RESOLUTION NO'. V-313
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, TEMPORARILY
WAIVING ITS RIGHTS AS ESTABLISHED BY VARIOUS LEGISLATIVE
ACTS TO A SHARE IN REAL PROPERTY TAX; RESERVING RIGHTS
WITH RESPECT TO FUTURE LEGISLATIVE CHANGES; ESTABLISHING
CONDITIONS OF WAIVER, AND STATING REASONS THEREFOR.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT,
ORANGE COUNTY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, severallegislative acts have been passed by the
California Legislature, including but not necessarily-limited
to Assembly Bill 8, Assembly Bill 1019, Assembly Bill 2212,
Assembly Bill 2376 and Senate Bill 180, all relating to the
rights of local agencies to share in the real property tax; and
WHEREAS, in December of 1980 the Board of Supervisors for
the County of Orange considered the allocation of real property
tax to annexed territory of special districts; and
WHEREAS, thereafter upon an advice of County Counsel, the
Board of .Supervisors of the County of Orange determined that no
property tax revenue shall be exchanged nor transferred between
the County and special districts; and p
WHEREAS, the Costa Mesa Sanitary District, in an effort
to serve developments and applicants needing sanitary sewer
service, have entered into service agreements with various
applicants, which said agreements provided for the payment of
fees designed to meet the operating costs of the District for
said developments; and
WHEREAS, said agreements provide that the District is
committed to process annexations of said developments in the
District; and
WHEREAS, the Local Agency Formation Commission has deter-
mined that said annexations cannot be completed until such time
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as the Costa Mesa Sanitary Di.stri.ct waives its right to meet
with the Board of Supervisors and determine the amount of property
tax to be exchanged between the County and the District; and
WHEREAS, the Costa Mesa Sanitary District intends to,
and by this Resolution will, temporarily waive its rights under
terms and conditions as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED that in order to process
to completion annexations of the District as committed in various
service agreements between developers and the District, the.
Costa Mesa Sanitary District will and does by this Resolution
temporarily consent to zero tax transfer between the County of
Orange and the District; and
BE IT FURTHER RESOLVED that the Costa Mesa Sanitary Dis-
trict reserves the right to enter into negotiations with the
County of Orange for the exchange of real property tax between
the County of Orange and the Costa Mesa Sanitary District when
legislative acts or court decis.i.ons provide for said negotiations;
and
BE IT FURTHER RESOLVED that the Costa Mesa Sanitary Dis-
trict reserves the right to negotiate with.the County of Orange
for a retroactive exchange of real property tax between the
County of Orange and the Costa Mesa Sanitary District in the
event such retroactive negotiation is authorized by legislative
act or court decision; and
BE IT FURTHER RESOLVED that this Resolution shall be
effective only if the County of Orange shall adopt a resolution
acknowledging the Costa Mesa Sanitary District's consent to zero
tax transfer under the conditions as set forth in this Resolution;
and
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BE IT FURTHER RESOLVED that this Resolution shall, without
further action of the Board of Directors of the Costa Mesa Sani-
tary District, be null, void and of no further force and effect
at such time as legislative acts or court decisions authorize or
require the negotiation between the County of Orange and the
Costa Mesa Sanitary District for the exchange of real property
tax; and
BE IT FINALLY RESOLVED that a certified copy of this Reso-
lution be forwarded to the Local Agency Formation Commission with
the request that that agency process it through the Board of
Supervisors to the end that annexations proposed by the Costa
Mesa Sanitary District be fully processed and completed.
PASSED AND ADOPTED this 4� t6 day of August, 1981.
ATTEST:
PrVsic ent, COSTP.`MESA SANITARY DISTRICT
4, ei� - /c — 41
Se etary
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, Florine T. Reichle, Assistant Secretary of the Board of
Directors of the Costa Mesa Sanitary District of Orange County,
California, do hereby certify that the foregoing Resolution, being
Resolution No.j -343, was duly passed, approved and adopted by said
Board, approved and signed by the President of said Board and
attested to by the Secretary of said Board, all at a meeting of
the Board of Directors held on the 61�& day of August, 1981, and
that the same was passed and adopted by the Costa Mesa Sanitary
District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Costa Mesa Sanitary District this 77�t day of
August, 1981. cJ��
Florine T. Reichle, Assistant Secretary
of the Board of Directors of the Costa
(SEAL) Mesa Sanitary District, Orange County,
California.
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