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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 -1 n i 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 _.2 _. e d 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. =0