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HomeMy WebLinkAboutMINUTES - 09241996 - D7 D.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 24, 1996, by the following vote: AYES: Supervisors Rogers, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: Supervisor Bishop SUBJECT: Property Tax Transfer for the Unocal Annexation to the Rodeo- Hercules Fire Protection District (LAFC 96-23) The Board members considered the staff report and then Chairman Smith invited the public to comment on the issues. The following person spoke: Scott Gordon, Rodeo-Hercules Fire District, 1990 N. California Boulevard, Walnut Creek. All persons desiring to speak having been heard, Chairman Smith ended public comment on the matter. The Board members further discussed the issues and then took the following action: 1. CONTINUED to October 1, 1996, discussion on the approval and adoption of the property tax transfer resolution for the Unocal Annexation to the Rodeo- Hercules Fire Protection District; and 2. DIRECTED that County Counsel and the Community Development Department report to the Board of Supervisors on October 1, 1996, on issues including a legal opinion of the options and on the conditions of the Land Use Permit for Unocal, as requested by the Board of Supervisors. I hereby certify that the foregoing 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: September 24, 1996 Phil Batchelor, Clerk of the Board of a y Administrator puty Clerk cc: County Administrator County Counsel Community Development Auditor-Controller LAFCO Rodeo-Hercules Fire Protection District D, THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA PASSED by the following vote of the Board of Supervisors on 1996. AYES: NOES: ABSENT: DRAFT ABSTAIN: RESOLUTION NO. 961 Subject: Determination of Property Tax Transfer ) for the Unocal Annexation to the Rodeo- ) Hercules Fire Protection District ) (LAFC 96-23) ) WHEREAS, Section 99.01 of the Revenue and Taxation Code provides that a jurisdictional change resulting from a special district providing one or more services to an area where such services have not been previously provided shall not become effective if one or more affected special districts involved in the property tax exchange negotiation fails to adopt a resolution agreeing to a transfer of incremental property tax; and WHEREAS,with the exception of the annexing district,the Board of Supervisors shall determine the property tax exchange for each affected district that fails to adopt a resolution agreeing to a property tax transfer; and WHEREAS,the subject annexation to Rodeo-Hercules Fire Protection District(R-HFPD) proposes annexation of territory which results in the provision of services not previously provided and no resolution has been adopted by the Board of Supervisors and R-HFPD agreeing to property tax exchange; and WHEREAS, in the absence of a master agreement for property tax exchange between the County and R-HFPD,the County and R-HFPD have agreed that the property tax exchange agreement for this annexation will be in accordance with the terms of an existing master agreement between the County and the Central Contra Costa Sanitary District and the East Bay Municipal Utility District; and WHEREAS, the formula in the agreement between the County and the Central Contra Costa Sanitary District and the East Bay Municipal Utility District has been used as a model in innumerable similar annexations which results in the annexing district receiving its proportionate share of the incremental property tax, equivalent to that district's share in surrounding tax rate areas, but reduced because school districts are exempt by law from the tax transfer process. THEREFORE, IT IS BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLVED that the property tax increment allocation factors for the affected agencies in the area of the Unocal Annexation to the Rodeo-Hercules Fire Protection District(LAFC 96-23) for the fiscal year for which the State Board of Equalization makes the tax rate area changes for this jurisdictional change shall be in accordance with the above master agreement. Said factors shall apply in subsequent years unless changed by the mutual agreement of affected agencies and subsequent jurisdictional changes. Such increment tax allocation factors apply to affected territory as submitted or revised by the Local Agency Formation Commission. This resolution does not change in the affected district's right to collect taxes for existing bonded indebtedness. I hereby certify 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: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator BY Deputy acc: County Administrator Auditor-Controller LAFCO Rodeo-Hercules Fire Prevention District RESOLUTION NO. 961