RES-10513 Receiving City's Statutory Share of Tax IncrementRESOLUTION NO. 10513
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ELECTING TO RECEIVE THE
CITY'S STATUTORY SHARE OF TAX
INCREMENT FROM THE ORANGE MERGED AND
AMENDED REDEVELOPMENT PROJECT AREA.
WHEREAS, the City of Orange (the "City") is a municipal corporation, which
exercises governmental functions and powers and is organized and existing under the laws of
the State of California; and
WHEREAS, the Orange Redevelopment Agency, a public body, corporate and politic
the "Agency"), has been duly created, established and authorized to transact business and
exercise its powers under and pursuant to the Community Redevelopment Law (commencing
with Section 33000 of the Health and Safety Code of the State of California and herein referred
to as the "Redevelopment Law"); and
WHEREAS, the City Council of the City of Orange (the "City Council"), by
Ordinance No. 9-83 adopted on December 6, 1983, approved a redevelopment plan for
the Tustin Street Project Area and designated by such Ordinance certain area within the City as
a redevelopment project area (the "Tustin Street Original Project Area"), and thereafter,
by Ordinance No. 20-88 adopted on June 21, 1988, approved an amendment
to said redevelopment plan adding territory (the "Tustin Street Amendment No. 1 Project
Area") to the Tustin Street Original Project Area (the Tustin Street Original Project Area and
the Tustin Street Amendment No. 1 Project Area are collectively referred to herein as the "
Tustin Street Project
Areas"); and 7VHEREAS, the City Council, by Ordinance No. 37-84 adopted
on November 20,1984, approved a redevelopment plan for the Southwest Project Area and
designated by such Ordinance certain area within the City as a redevelopment project
area (the "Southwest Original Project Area"), and thereafter, by Ordinance No. 20-86 adopted on
July 15, 1986, by Ordinance No. 24-88 adopted on July 5, 1988, and by Ordinance
No. 17-96 adopted on July 9, 1996, approved "Southwest Amendment No.
1 Project Area," "Southwest Amendment No.2 Project Area," and "Southwest Amendment No.
3 Project Area," respectively, to said redevelopment plan adding territory to the
Southwest Original Project Area (the Southwest Original Project Area, the Southwest Amendment
No. 1 Project Area, the Southwest Amendment No. 2 Project Area, and the Southwest
Amendment No. 3 Project Area are collectively referred to herein
as the "Southwest Project Areas"); and WHEREAS, because the Southwest Amendment
No. 3 Project Area was adopted after December 31, 1993, it is subject to statutory
tax sharing with affected taxing entities under Healthand Safety Code Section 33607.5(
a) ("Section 33607.5") with payments required to be paid pursuant to subdivisions (b), (c), (d) and (
WHEREAS, the City Council, by Ordinance No. 22-88 adopted on June 28,
1988,approved a redevelopment plan for the Northwest Project Area and designated by
such Ordinance certain area within the City as a redevelopment project area (the "
Northwest Project Area");
and WHEREAS, in connection with the redevelopment plan for the Tustin
Street Original Project Area, the Agency entered into tax sharing agreements prior to January
1,1994 with the County of Orange, the Orange County Flood Control District, and the
Orange Unified School District, but no tax sharing agreements exist for the other affected
taxing entities, including the City;
and WHEREAS, in connection with the amendment to the redevelopment plan for
the area designated as the Tustin Street Amendment No. 1 Project Area, the Agency entered
into tax sharing agreements prior to January 1, 1994 with the County of Orange, the
Orange County Flood Control District, the Orange County Harbors, Beaches and Parks District,
the Orange Unified School District, the Orange County Department of Education, the
Rancho Santiago. Community College District, the Orange County Sanitation District No. 2, and
the Orange County Water District, but no agreements exist for the other affected taxing
entities,including the City;
and WHEREAS, in connection with the redevelopment plan for the Southwest
Original Project Area, the Agency entered into tax sharing agreements prior to January 1, 1994
with the County of Orange, the Orange County Flood Control District, the Orange Unified
School District, and the Orange County Department of Education, but no agreements exist for
the other affected taxing entities, including the City;
and WHEREAS, in connection with the amendment to the redevelopment plan for
the area designated as the Southwest Amendment No. 1 Project Area, the Agency entered
into tax sharing agreements prior to January 1, 1994 with the County of Orange, the
Orange County Flood Control District, the Anaheim Union High School District, the Anaheim
City School District, and the Orange County Water District, but no agreements exist for the
other affected taxing entities, including the City;
and WHEREAS, in connection with the amendment to the redevelopment plan for
the area designated as the Southwest Amendment No. 2 Project Area, the Agency entered
into tax sharing agreements prior to January 1, 1994 with the County of Orange, the
Orange County Flood Control District, the Orange County Harbors, Beaches and Parks District,
the Orange Unified School District, the Orange County Department of Education, the
Anaheim City School District, the Rancho Santiago Community College District, the Orange
County Sanitation District No. 2 and the Orange County Water District, but no agreements exist
for the other affected taxing entities, including the City;
and
WHEREAS, in connection with the redevelopment plan for the Northwest Project
Area, the Agency entered into tax sharing agreements prior to January 1, 1994 with the
County of Orange, the Orange County Flood Control District, the Orange County Harbors,
Beaches and Parks District, the Orange Unified School District, the Orange County
Department of Education, the Rancho Santiago Community College District, and the Orange
County Sanitation District No. 2, and the Orange County Water District, but no agreements
exist for the other affected taxing entities, including the City; and
WHEREAS, the City Council, by Ordinance No. 21-01 adopted on November
27,2001 approved the Amended and Restated Redevelopment Plan (the "Redevelopment
Plan")for the Orange Merged and Amended Redevelopment Project Area (the "
Redevelopment Project Area"), thereby merging the Tustin Street Project Areas, the Southwest Project
Areas and the Northwest Project Area (referenced individually as "Component Area")
and extending the time limit on the establishment of loans, advances and indebtedness for
each Component Area adopted prior to December 31, 1993, thus triggering statutory tax
sharing with affected taxing entities under Health and Safety Code Section 33607.7(a) ("
Section 33607.7") for all Component Areas other than the Southwest Amendment No. 3
Component Area;
and WHEREAS, Section 33607.7 provides that the Agency must pay to each
affected taxing entity the amounts required to be paid by any tax sharing agreement in effect prior
to January 1, 1994 between the Agency and the affected taxing entity or, if no agreement
exists,the statutory pass through payments required to be paid pursuant to subdivisions (b), (c), (
d)and (e) of Section33607.5;
and WHEREAS, Section 33607.5(b) provides that in any fiscal year in which the
Agency receives tax increment, the City may elect to receive its share of statutory
pass-through payments for the Redevelopment Project
Area; and WHEREAS, the City Council now desires to make such an election
for the Redevelopment Project Area commencing with Fiscal Year 2010-11
and continuing
each year thereafter.NOW, THEREFORE, the City Council of the City of Orange
finds, determines and resolves, on the basis of the facts set forth in the agenda report presented to
it and any testimony received at the meeting at which this matter was
considered, as follows:The foregoing recitals are
true and correct.2. The City Council hereby elects toreceive the City's share
of statutory tax increment payments for the Redevelopment Project Area provided
forunder Section 33607.5, commencing with Fiscal Year 2010-11 and continuing
each fiscal year thereafter.3. The Agency staff is hereby directed and authorized to transmit
a copy of this Resolution to the appropriate department(s) of the Auditor-
Controller
ADOPTED this 12t" day of October, 2010
r
f
Mayor, City of Orange
A, TEST
Mary E ~ u h ity Clerk, C' Orange
s
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 12th day of October, 2010, by the
following vote:
AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary Cit range
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