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HomeMy WebLinkAboutResolution 15-80 i RESOLUTION N 15-80 O. RESOLUTION ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE BASE FROM ATASCADERO FIRE PROTECTION DISTRICT TO THE CITY OF ATASCADERO WHEREAS, pursuant to Revenue and Taxation Code Section 99 (b) (as added by AB 8 and AB 1019) , in case of jurisdictional changes (other than city incorporations or district formations) it is required that the amount of property tax revenue base (hereinafter referred to as "PTRB") to be exchanged among affected agencies shall be determined by negotiations; and WHEREAS, when a city is involved, the negotiation is between the city and the Board of Supervisors for the County; and WHEREAS, when a district but no city is involved, the Board of Supervisors of the County negotiates on behalf of both the districts and the County; and WHERAS, said Section 99 (b) requires that negotiating parties by resolution agree to accept the negotiated exchange of PTRB between affected agencies and requires that a copy of each such resolution be transmitted to the County Auditor; and WHEREAS, upon receipt of the necessary resolution and a copy of the recorded certificate of completion from LAFCo, the County Auditor is required by Revenue and Taxation Code Section 99 (b) to make appropriate adjustments; and WHEREAS, such negotiation has taken place concerning the transfer of PTRB between the Atascadero Fire Protection District and the City of Atascadero pursuant to said Section 99 (b) for the jurisdictional change designated as Dissolution of Atascadero Fire Protection District; and WHEREAS, the negotiating/consulting parties, to-wit: Kent Taylor, Deputy County Administrator on behalf of San Luis Obispo County and Murray Warden, City Manager on behalf of the City of Atascadero have agreed to accept the negotiated exchange of PTRB between such entities as set forth hereinafter; and WHEREAS, it is in the public interest that such negotiated PTRB exchange be consummated; and WHEREAS, by Resolution No. 80-.218 the Board of Supervisors of the County of San Luis Obispo agrees to accept the negotiated ex- change of PTRB under the conditions as expressed in Resolution No. 80-218. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Council of the City of Atascadero as follows : • 0 Resolution No. 15-80 Page Two 1. That the recitals set forth hereinabove are true, correct and valid. 2. That the City of Atascadero herein agrees to accept the following negotiated exchange of PTRB: a. The entire PTRB of the Atascadero Fire Protection District shall be transferred from. the Atascadero Fire Protection District to the City of Atascadero in the fiscal year 1980-81. 3. The transfer of the tax base from the Atascadero Fire District to the City of Atascadero and the dissolution of the fire district are both complete and effective July 1, 1980, in accord with the will of the Atascadero .electorate expressed at the Atascadero reorganization election. 4. Upon receipt of a certified copy of this Resolution and a copy of said recorded certificate of completion, the County Auditor shall, pursuant to said Section 99 (b) , make the adjustments (negotiated exchange of PTRB) as set forth in Paragraph #2 hereinabove. 5. The City Clerk be and hereby is authorized and directed to forward a certified copy of this Resolution to the San Luis Obispo County Local Agency Formation Commission, Executive Officer, who shall then disseminate copies thereof as required by law. On motion by Councilman Highland and seconded by Councilman Stover , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None ABSENT: None ADOPTED: July 14 , 1980 RO ERT J. WTLKTNS JR. , Mayor ATTEST: tl APPROVED AS TO F RM: "Ur Y L. DEN, City Clerk ALLEN GRIMES, City Attorney