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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). -2- • 0 ■ 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 I 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 t I By: , � APPROVED ASTO FO 'Deputy County Counsel RM Dated: February 13, 1980 ' ,. CITYATTORNEY. -3_