HomeMy WebLinkAboutResolution 099-88 RESOLUTION NO. 99-88
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX
REVENUE AND ANNUAL TAX INCREMENT FROM THE
ATASCADERO COUNTY SANITATION DISTRICT TO THE
CITY OF ATASCADERO
WHEREAS, in the case of a jurisdictional change other than
a city incorporation or district formation which will alter the
service area or responsibility of a local agency, Revenue and
Taxation Code Section 99(b) requires that the amount of the
property tax revenue to be exchanged, if any, and the amount of
annual tax increment to be exchanged among the affected local
agencies shall be determined by negotiation; and
WHEREAS, when a city is involved, the negotiations are
conducted between the city and the Board of Supervisors for the
County; and
WHEREAS, when a special district is involved, the
negotiations are conducted by the Board of Supervisors of the
County on behalf of the district , unless otherwise requested by
said district pursuant to Revenue and Taxation Code Section
99.1 (3) ; and
WHEREAS, in the Atascadero reorganizationn, the dissolution
of the Atascadero County Sanitation District was to become
effective June 30, 1980; however, the Atascadero reorganization
was adopted and approved by the voters after the adoption of
Article 13(A) of the State Constitution and before the enactment
of said Revenue and Taxation Code Section 99(b) ; and
WHEREAS, Resolution No. 3-80, a Joint Resolution of the
City of Atascadero and County of San Luis Obispo concerning non
agreement of exchange tax base resolved that the County of San
Luis Obispo and the City of Atascadero were not able to agree
upon the negotiated exchange of property tax revenues and annual
tax increment pursuant to Revenue and Taxation Code Section 99
and that since the City and County were not able to agree upon
the negotiated- exchange of property tax revenue and annual tax
increment pursuant to said Tax Code Section 99 the Atascadero
County Sanitation District 'would continue in existence until the
City and County did agree upon a negotiated exchange of property
tax revenues ; and
WHEREAS, the negotiations have taken place concerning the
transfer of property tax revenues and annual tax increment
between the County of San Luis Obispo and the City of Atascadero
pursuant to Section 99(b) for the jurisdictional change
designated as Dissolution of the Atascadero County Sanitation
District ; and
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WHEREAS, the negotiating parties , to-wit : William E.
Briam, County Administration, County of San Luis Obispo and
William Hanley, Interim City Manager, City of Atascadero have
now concluded said negotiation of the exchange of said property
tax revenue and annual tax increment as hereinafter set forth;
and
WHEREAS, it is in the public interest that such negotiated
exchange of property tax revenues and annual tax increment be
consumated.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City
Council of the City of Atascadero, as follows :
1 . That the recitals set forth above are true, correct and
valid.
2 . That the Atascadero County Sanitation District agrees
to transfer the following negotiated exchange of property tax
revenues and annual tax increment :
a. Property tax revenues in the amount of $64 ,443 shall be
transferred from the Atascadero County Sanitation District to
the City of Atascadero in fiscal year 1989-90 .
b. Annual tax increment in the amount to be determined by
the County Auditor, based upon the following percentage agreed
to by the negotiating parties , 12 .20755 percent , shall be
transferred from the Atascadero County Sanitation District to
the City of Atascadero in the fiscal year 1989-90 and each
fiscal year thereafter .
3. Upon receipt of a certified copy of this resolution and
and required documentation from the County of San Luis Obispo,
the County Auditor shall make the appropriate adjustment to
property tax revenues and annual tax increment as set forth
above.
4 . That the City Clerk is authorized and directed to
transmit a certified copy of this resolution to the Executive
Officer of the San Luis Obispo County Local Agency Formation
Commission, who shall then distribute copies thereof in the
manner required by law.
Upon mot i on of Councilman DEXTER , seconded by
Councilman MACKEY the foregoing resolution is hereby
adopted in its entirety on the following roll call vote :
AYES: COUNCILMEMBERS DEXTER, LILLEY, MACKEY, SHIERS AND MAYOR BORGESON
NOES: NONE
ABSENT: NONE
ADOPTED: 10/11/88
ATTEST:
BOYD C . HARITZ BONITA BORGESO ,Mayo
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
E G JO GENSEN PAUL M. SENSIBAUGH
y tt ne Director of Public Works
City Engineer