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HomeMy WebLinkAboutResolution 106-88 0 NOTE: This resolution to supercede Resolution No. 99-88 RESOLUTION N0, 106-88 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 toagree 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 0 • WHEREAS, the negotiating parties , to-wit : William E. Briam, County Administration, County of San Luis Obispo and Ray Windsor, 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 $76, 951 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 , 2 . 03459 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 Mackey , seconded by Councilman Shiers the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES : Councilwoman Mackey, Councilman Shieres, Lilley and Dexter, Mayor Borgeson NOES: None ABSENT : None ADOPTED: November 8, 1988 ATTEST: -BOYD C. SHARITZ BONITA BORGESON, MQor City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT : E G. J GENSEN PAUL M. �TAaUGH C y t n Director of Public Works City Engineer