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Home My WebLink AboutRESOLUTIONS - 01011981 - 1981-061 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Determining } the Property Tax Exchange for the ) RESOLUTION NO. 81j 61 Newhall. No. 6 Annexation to the } City of Concord } } BE IT BY THE BOARD RESOLVED: 1. Pursuant to Section 99 of the Revenue and Taxation Code the Board hereby determines the property tax exchange between the City of Concord and the County for the Newhall No. 6 Annexation to the City of Concord as specified in the attached agreement, incorporated herein as attachment "A" ; and 2. Authorizes the Chairman to execute said agreement. PASSED by the Board on January 13, 1981 by unanimous vote. CERTIFIED COPY I certify that this is a full, true & correct copy of the original document which is on file in my office, and that it was passed & adopted by the Board of R pervisors of Contra Costa County, California, on they date shown, .ATTEST: J. R. OLSSON, County Clerk tib ex-officio Clerk of said Board of Supervisors, by Deputy Clerk. 4L , -- -:�j - �, JAN 1331981 Helen H. Kent Orig. Administrator cc: City of Concord Auditor--Controller LAFCO Executive Officer RESOLUTION NO. 81/61 PROPERTY TAX TRANSFER AGREEMENT FOR ALLOCATION OF PROPERTY TAX BETWEEN THE COUNTY OF CONTRA COSTA AND CITY OF CONCORD FOR THE NEWHALL #6 ANNEXATION TO THE CITY OF CONCORD (LAFC 8-=34) (Revenue and Tax Code, Section 99[d]) By Resolution 81/61 adopted by the Board of Supervisors of the County of Contra Costa, and by Resolution 81-6460 , adopted by the City Council of Concord, the County of Contra Costa ounty and the City of Concord (City) agree as follows. 1. This Agreement is a 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 specify- ing the allocation of property tax revenues for the Newhall #6 annexation to the City of Concord (LAFC 80-34) in which the City is an affected City and the County is an affected County. 2. The jurisdictional changes governed by this Agreement are those local agency boundary changes defined in Revenue and Tax Code, Section 95(e) as jurisdictional changes, occurring during the applicable period of this Agree- ment, where the County is the affected County and the City is an affected City. 3. The allocations specified herein (Paragraph 7, below) shall be made for the jurisdictional change governed by this Agreement as specified in Paragraph 2, above. This Agreement shall apply to all future allocations for this 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 as "subsequent years". Such allocation shall continue indefinitely thereafter unless changed by agreement of both parties hereto or until changed 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 October 1, 1980. a. "Base tax" shall mean those property tax revenues specified as being subject to allocation in Revenue and Tax Code, Sections 96(a) and 96(d) for fiscal year 1979-80 and Revenue and, Tax Code, Sections 97(a) and (b) for fiscal year 1980-81 and later fiscal years. For the fiscal years after the initial year in which the property taxes are allocated under this Agreement for a jurisdic- tional 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. -1- SI�GI b. "Annual tax increment" shall mean those property tax revenues specified as being subject to allocation in Revenue and Tax Code, Section 96(c) for fiscal year 1979-80 and Revenue and Tax Code, Section 97(c) for fiscal year 1980-81 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 MIA 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 proportionate allocation of the annual tax increment, as specified in Revenue and Tax Code, Section 98(e). d. "Proceedings" means those actions taken pursuant to Government Code, Sections 35200-35315, or Government Code, Section 56290- 56443.1. e. "Affected territory" shall mean as specified in Government Code, Sections 35024 or 56023.5. f. "Affected City" shall mean as specified in Government Code, Sections 35021 or 56021. g. "Affected County" shall mean as specified in Government Code, Sections 35022 or 56022. h. "Affected District" shall mean as specified in Government Code, Sections 56023 or 35023. 6. Insofar as not inconsistent with the foregoing definitions or any other provisions of this Agreement, the definitions of Sections 95 and 2215 of the Revenue and Taxation Code, as in effect on October 1; 1980, 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 grreement, City shall be allocated 16.635% 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 33.27% 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. -2- b. Subsequent years. In each subsequent year City's and County's oT cation of property taxes from the affected territory will be made as set forth in Revenue and Taxation Code Sections 97 and 98. 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) 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 4 Revenue and Taxation Code, Sections 99 and/or 99.1 for subsequent jurisdictional changes. Dated: JAN 131981 airm ;Board+of uperysod rs Dated: mayor 4:11-13 -3- VIA/