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HomeMy WebLinkAboutAgenda - 03-06-2014 - 7b 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 6, 2014 Action Agenda Item No. 7-b SUBJECT: Authorization for Triangle Transit Authority to Levy an Additional Three Dollar ($3) Vehicle Registration Tax in Orange County DEPARTMENT: Attorney/ Planning and PUBLIC HEARING: (Y/N) No Inspections ATTACHMENT(S): INFORMATION CONTACT: Resolution Authorizing the Research John Roberts, County Attorney, 919-245-2318 Triangle Regional Public Transportation Craig Benedict, Planning Director, 919-245- Authority to Levy the Full Eight Dollar 2592 ($8.00) Vehicle Registration Tax on Motor Vehicles Registered in Orange County PURPOSE: To consider a resolution authorizing Triangle Transit Authority ("TTA") to levy an additional $3 vehicle registration tax in Orange County. BACKGROUND: In June 2012 the Orange County Board of Commissioners approved the Orange County Bus and Rail Investment Plan ("Plan"). The Plan provides the method and procedures whereby additional bus service, bus rapid transit, and light rail service may be provided in Orange County. In addition to state and federal funding, the Plan designates as funding for these certain services the vehicle registration tax authorized by North Carolina General Statute (NCGS) 105-561 ($3). TTA currently levies a $5 vehicle registration tax in Orange County pursuant to the authority granted in NCGS 105-561. The vehicle $3 vehicle registration tax is an expansion of this tax to the maximum amount authorized by the statute which is $8. In December 2012 the Board of Commissioners approved a similar resolution. However, TTA's general counsel subsequently formed the opinion that the language of NCGS 105-561 required all three counties, Durham, Orange, and Wake, to approve the increase in order for it to take effect. Only Durham and Orange approved the increase. TTA successfully secured an amendment to NCGS 105-561 in the 2013 legislative session. The amendment allows the tax to be implemented in each county that approves it. The resolution authorizes TTA to move forward with the levy of these taxes. FINANCIAL IMPACT: The annual revenue expected from the TTA $3 tag fee, once fully implemented, is projected at approximately $338,000 a year with 2% growth per year per the adopted Orange County Bus and Rail Investment Plan. RECOMMENDATION(S): The Manager recommends the Board approve and authorize the Chair to sign the attached resolution. 2 RES-2014-015 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY TO LEVY THE FULL EIGHT DOLLAR ($8.00) VEHICLE REGISTRATION TAX ON MOTOR VEHICLES REGISTERED IN ORANGE COUNTY WHEREAS, the Orange County Board of Commissioners has adopted the Orange County Bus and Rail Investment Plan; and WHEREAS, the Orange County Bus and Rail Investment Plan provides for the levy and disbursement of the full amount of the eight dollar ($8.00) motor vehicle registration tax authorized by North Carolina General Statute (NCGS) §105-561(a); and WHEREAS, pursuant to NCGS §105-561(a) the Research Triangle Regional Public Transportation Authority currently levies a motor vehicle registration tax of five dollars ($5.00) on motor vehicles registered in Orange County and desires to levy the full amount; and WHEREAS, the Research Triangle Public Transportation Authority has created a special tax district consisting of Orange and Durham counties for the purpose of increasing the motor vehicle registration tax in those counties by three dollars ($3.00) as provided in NCGS §105- 561(d); and WHEREAS, the Research Triangle Public Transportation Authority Board of Trustees conducted a public hearing on the proposed increase in the tax rate in accordance with NCGS §105-561(b)(1); and WHEREAS, the Research Triangle Public Transportation Authority's Special Tax Board, pursuant to NCGS §105-561(b)(2), adopted a resolution approving the three dollar ($3.00) increase in the tax rate in the special tax district to the full amount of eight dollars ($8.00). NOW, THEREFORE, BE IT RESOLVED, that it being in the best interest of the citizens and residents of Orange County, the Orange County Board of Commissioners hereby authorizes and approves the levy of an additional three dollars ($3.00) of the motor vehicle license tax as authorized by North Carolina General Statute §105-561. This the 6t" day of March 2014. Barry Jacobs, Chair Orange County Board of Commissioners Attest: Clerk to the Board of Commissioners