HomeMy WebLinkAboutRESOLUTIONS - 11302004 - 2004-594 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004 by the following vete:
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Resolution No, 200341594
Subject: Adopting a Master Property Tex Transfer)
Agreement for the Allocation of Property }
Taxes Between the County of Contra )
Costa and the City of Oakley
1T IS BY THE BOARD OF SUPERVISORS RESOLVED that:
Under the authority of Revenue and Taxation Code Section 99(d), it hereby adopts a Master
Property Tax Transfer Agreement for the allocation of property taxes between the County of
Contra Costa and the City of Oakley upon jurisdictional changes,which is incorporated herein
as Exhibit"A"
I hereby c w*that this is a true and correct copy
of an action taken and entered on the minutes of
the Board of Supervisors on the date shown:
ATTESTED:
JOHN SWEETEN, Cleric of the Board of
Supervisors and County Administrator
By Deputy
Contact. Ricci Seithel 355-1024
cc: City of Oakley
County Administrator
Auditor-Controller
RESOLUTION NO. 20041694
Exhibit"A"
MASTER PROPERTY TAX TRANSFER AGREEMENT FOR ALLOCATION OF
PROPERTY TAX BETWEEN THE COUNTY OF CONTRA COSTA AND CITY
OF OAKLEY UPON JURISDICTIONAL CHANGES
(R &T.C. Section 99 (d))
By Resolution 20041594, adopted by the Board of Supervisors of the County of
Contra Costa, and by Resolution 12 4-0 4 , adopted by the City Council of
Oakley, the County of Contra Costa (County) and the City of Oakley, agree as
follows:
1. This Agreement is a master property tax transfer agreement, under
authority of Revenue and Taxation Code Section 99 (d) (Section 11,
Chapter 801 of the Statutes of 1980), between the County and the City for
the purpose of specifying the allocation of property tax revenues upon a
jurisdictional change in which the City is an affected City and the County is
an affected County.
2. Except for the exclusions specified herein, the jurisdictional change
governed by this Agreement are those local agency boundary changes
defined in R. &T.C. Section 95 (e) as jurisdictional changes, occurring
during the applicable period of this Agreement, where the County is the
affected County and the City is an affected City. The following
jurisdictional changes are to be excluded from this Agreement: 1)
boundary changes involving city incorporations or formations of districts
(e.g. reorganizations involving concurrent formation of a special district
and annexation to a city), 2)jurisdictional changes which would result in a
special district providing one or more services to an area where such
services have not been previously provided by any local agency and to
which Section 99.01 of the Revenue and Taxation Code applies, 3)
jurisdictional changes in which the total of the full values of all property in
all tax rate areas comprising the affected territory exceed 110,000,000 a
shown on the latest equalized assessment rolls at the time the application
is filed with the Local Agency Formation Commission, and 4) any
jurisdictional change for which the sales tax revenue from the affected
territory exceeds $5,000 for one or more of the three fiscal years
preceding the date that the application is filed with the Local Agency
Formation Commission.
3. The allocations specified herein (Paragraph 7, below) shall be made for
any jurisdictional change governed by this Agreement as specified in
Paragraph 2, above, if proceedings for the jurisdictional change have been
or are completed after July 1, 2004; provided, however, that in the case of
any such jurisdictional change for which proceedings are completed after
July 1, 2004 this Agreement shall not apply if either of the parties hereto
notifies the other in writing of the non-applicability of this Agreement and
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Exhibit"A"
delivers such notification prior to the date that the petition or resolution for
Local Agency Formation Commission approval of the jurisdictional change
is accepted for filing by the Commission or its Executive Officer.
Notwithstanding any of the foregoing, any property tax revenue allocated
prior to the date this Agreement is signed by both parties hereto shall not
be subject to reallocation, but this Agreement shall apply to all future
allocations for the jurisdictional change.
4. For any property tax allocation to be made under this Agreement, the
Auditor-Controller of Contra Costa County shall first apply Paragraph 7
herein and first allocate the property tax revenues thereunder for the fiscal
year for which the State Board of Equalization makes the tax rate area
change(s) for the jurisdictional change. Such fiscal year shall be known
as the "initial year" and all later fiscal years shall be known as "subsequent
years." Such allocation shall continue indefinitely thereafter unless
changed by agreement of both parties hereto or until changed under the
terms of this Agreement upon a subsequent jurisdictional change involving
one or more of the tax rate areas within the affected territory of the prior
jurisdictional change.
5. The following definitions shall apply to this Agreement. The references to
code sections in these definitions shall mean the code sections in effect
on ,Italy, 1. 2004.
a. "Base tax" shall mean those property tax revenues specified as
being subject to allocation in R. &T.C. Sections 96.1(x)(1) for fiscal
year 2004-05 and later fiscal years. For the fiscal years after the
initial year in which property taxes are allocated under this
Agreement for a jurisdictional change, the annual tax increment for
the prior fiscal year shall be included in the base tax for the
succeeding year. Notwithstanding the foregoing, base tax shall not
include any property tax revenues allocated to any County free
library.
b. "Annual tax increment" shall mean those property tax revenues
specified as being subject to allocation in R. &T.G. Section
96.1(a)(2) for fiscal year 2004-05 and later fiscal years. Annual tax
increment shall include revenues accruing due to the increase in
assessed valuation for the preceding fiscal year because of
changes of ownership and new construction and because of the
inflation adjustment authorized by Section 2 (b) of Article XIIIA of
the California Constitution.
c. "Annual tax increment allocation factor" shall mean the numerical
factor, expressed as a percent, that is used to accomplish the
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Exhibit "A"
proportionate allocation of the annual tax increment, as specified in
R. &T.C. Section 96.5.
d. "Proceedings" means those actions taken pursuant to Gov. C.
Sections 56000 et. seq.
e. "Affected territory" shall mean as specified in Gov. C. Section 56015.
f. "Affected City" shall mean as specified in Gov. C. Section 56011.
g. "Affected County" shall mean as specified in Gov. C. Section 55012.
h. "Affected District" shall mean as specified in Gov. C. Sections 56013.
6. Insofar as not inconsistent with the foregoing definitions or any other
provisions of this Agreement, the definitions of Sections 95 of the
Revenue and Taxation Code, as in effect on July 1, 2004 shall apply to
this agreement.
7. For a jurisdictional change for which the allocation of taxes is made under
this Agreement, such allocation shall be made in accordance with the
following:
a) Initial year
1) Base tax. Except as provided in Paragraph 7a. (3) of this
Agreement, City shall be allocated 20.77% of the County's
base tax for the affected territory and the County shall be
allocated the balance.
2) Annual tax increment. Except as provided in Paragraph 7a.
(3) of this Agreement, City shall have an annual tax
increment allocation factor established for each tax rate area
in the affected territory equal to 4.1.55% of the County's
annual tax increment allocation factor for the tax rate area.
The County's new annual tax increment allocation factor
shall be its former factor minus the City's factor as derived in
the preceding sentence.
3) For a jurisdictional change which results in the City's
providing a service that had been provided by a special
district, and if the City thereby receives any property tax
revenues of the district as authorized by Revenue and
Taxation Code Section 99, the formula for transfer of base
tax and annual tax increment allocation: factors from County
to City shall be as follows:
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Exhibit"A"
(A) Base tax.
A= Bx '/2C
D = B—A
Where A= the amount of the County's Mase tax to be
transferred to the City. This amount plus the base tax
transferred from special district(s) becomes the City's
initial base tax for the tax rate area.
8 =the County's base tax before the transfer.
C = the portion (expressed as a percent) of the
County's annual tax increment factor that will be
transferred to the City from the County as determined
by the formula expressed in Paragraph 7.a. (3) (B)
below.
D =the County's base tax after the transfer.
(B) Annual tax increment.
C = (F-H)/(F+G-H)
(if"H" is greater than "F", then C shall be zero(0).)
J = (ExC) + H
K = E--(ExC)
Where C = the portion (expressed as a percent) of the
County's annual tax increment allocation factor that
will be transferred to the City from the County.
E = the County's annual tax increment allocation
factor before the transfer.
F = 8.39% (this is the City's portion of the total fiscal
year 2004-05 property tax allocation within the City's
boundaries.)
G = 11.8010 (this is the County's portion of the total
fiscal year 2004-05 property tax allocations within the
City's boundaries.)
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Exhibit "A"
H = the total of the annual tax increment allocation
factors which will be transferred to the City from
special districts in accordance with Revenue and
Taxation Code Section 99. -
J = the City's annual tax increment allocation factor
after the transfer allocation.
K= the County's annual tax increment allocation
factor after the transfer calculation.
b. Subsequent years. In each subsequent year City's and
County's allocation of property taxes from the affected territory
will be made as set forth in Revenue and Taxation Code
Sections 95.1 and 96.5. Each agency each year will be
allocated its base tax(i.e. the tax allocated to the agency in the
preceding year including the previous year's annual tax
increment) plus its share of the current year's annual tax
increment for the affected territory, such share being calculated
by multiplying the tax resulting from growth in assessed
valuation in the affected territory during the year times the
agency's annual tax increment allocation factor(s) for that
territory as determined in Paragraph 7a (2) or 7a (3) (B) above.
The result (i.e. base plus increment) becomes the base tax for
the next year's tax allocation calculations. Each agency's base
tax and annual tax increment allocation factors may be
subsequently modified only through negotiated exchanges in
accordance with Revenue and Taxation Code Sections 99
and/or 99.011 for subsequent jurisdictional changes.
Dated:
Chair, Board of Supervisors
Dated:
Mayor, City of Oakley
Form Approved by County Counsel{June 2004}
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