HomeMy WebLinkAboutResolution 03-80 RESOLUTION NO. 3-80
JOINT RESOLUTION OF CITY OF ATASCADERO AND
COUNTY OF SAN LUIS OBISPO CONCERNING
NON-AGREEMENT OF EXCHANGE TAX BASE
The following resolution is hereby offered and read:
WHEREAS, in June 1978 the voters of the State of California
duly approved Proposition 13, the Jarvis-Gann Tax Limitation
Initiative; and
WHEREAS, Revenue and Taxation Code Section 99(b) [added by
A.B. 8 (Chapter 282) of the 1979 legislative session effective
July 24, 1979 as follow-up legislation implementing Proposition
13, the Jarvis-Gann Tax Eimitation Initiative] states in part as
follows:
"Notwithstanding any other provision of law,
no such jurisdictional change shall become
effective until each county and city included
in such negotiation agrees, by resolution,
to accept the negotiated exchange of pro-
perty tax revenues. and
WHEREAS, in the Atascadero reorganization, the dissolution
of the Atascadero County Sanitation District was set to become
' effective June 30, 1980; however, the Atascadero reorganization
was adopted and approved by the voters before the adoption of
said Proposition 13 and before the enactment of said A.B. 8; and
WHEREAS, in the Atascadero County Sanitation District a
revenue bond measure was duly approved by the voters of the
District in November 1978; and
WHEREAS, because of delays in approval by the State of
California of the plans for the proposed sanitation facilities
to be constructed by use of said bonds, it does not appear to be
' possible to issue and sell said bonds before June 30, 1980; and
1 WHEREAS, the bond counsel retained by the District to give
legal advice concerning said bonds has ruled that if the Atascadero
County Sanitation District dissolves before said bonds are
issued and sold, then such bonds can no longer be issued and
sold because that right to issue and sell bonds is not a legal
property right which would pass to the successor entity of said
District, and
WHEREAS, therefore, it is required that the Atascadero
County Sanitation District continue in existence until after
said bonds are issued and sold.
NOW, THEREFORE, be it.jointly resolved by the City Council
of the City of Atascadero and by the Board of Supervisors of the
County of San Luis Obispo as follows:
1 . That the recitals set forth hereinabove are true,
' correct and valid.
2. That in view of the recitals set forth hereinabove the
City of Atascadero and the County of San Luis Obispo are not
able to agree upon the negotiated exchange of property tax
revenues pursuant to said Revenue and Taxation Code Section 99.
3. That since the City and County have not been able to
agree on such negotiated exchange of property tax revenues , then
pursuant to said Revenue and Taxation Code Section 99(b) the
Atascadero County Sanitation District will not dissolve effective
June 30, 1980, but rather will continue in existence until the
City and County have agreed upon a negotiated exchange of pro-
perty
ro-pe ty tax revenues pursuant to Revenue and Taxation Code Section
99.
4. That copies of this resolution shall be sent to the
following:
Martin Roehrke (State Board of Equalization) , Lorraine
Luoma, Ampy Haber, Kent Taylor, Jac Crawford, Carlo Fowler (bond
counsel for said bonds) , Allen Grimes (Atascadero City Attorney) ,
Murray Warden (Atascadero City Manager).
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5. That the State Board of Equalization be and hereby is
requested to retain the 1980-81 County Sanitation District on
the blue line for the next fiscal year.
Upon the motion of City Council member Highland
seconded by City Council member Mackey and on the
following roll call vote, to-wit:
AYES: Councilmen Highland, MackeyP Nelson, Stover, and Mayor
' Wilkins
NOES: None
ABSENT: None
ABSTAINING: None
The foregoing resolution is duly adopted by the City of
Atascadero.
Upon motion of Supervisor Mae P—tvatrm seconded by
ISupervisor Jorgensen and on the following roll call vote,
to-wit:
AYES: Supervisors Mac Elvaine, Jorgensen, Heilmann, Mankins,
NOES: and Chairman Kupper
None
ABSENT:
1 None
ABSTAINING:
None
the foregoing resolution is hereby ad
Ch rman of and of Superv� rs
A TEST
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ROBERT J. WILY.I2?S, r?ayor
erk of the Bo r o Supervisors City of Atascadero, California
[SEAL] ATTEST:
APPROVED AS TO FORM AND LEGAL EFFECT: ttUR, Y L' WARDEN, City Cle k
JAMES B. LINDHOLM, JR. Ci of Atascadero, California
County Counsel
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By: , � APPROVED ASTO FO
'Deputy County Counsel RM
Dated: February 13, 1980 '
,. CITYATTORNEY.
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