HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-108 C
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
ADOPTED this order on March 4, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 961108
SUBJECT: Property Tax Transfer Agreement )
For The Windemere Ranch Boundary )
Reorganization, (LAFC 96-=24) )
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; and
WHEREAS, with the exception of the annexing districts and any affected
cities, 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 Windemere Ranch Boundary Reorganization involves annexation
of territory to the Central Contra Costa Sanitary District (CCCSD) and the
Dublin-San Ramon Services District (DSRSD) ; and
WHEREAS, the County of Contra Costa (CCC) and the Central Contra Costa
Sanitary District (CCCSD) and the East Bay Municipal Utility District (EBMUD)
have adopted a master property tax transfer agreement regarding annexation to
said districts; and
WHEREAS, in similar annexations pursuant to Section 99 .01, CCC and
several other districts have made it a practice to apply the terms of the
master property tax transfer agreement between CCC, CCCSD and EBMUD; and
WHEREAS, CCC and DSRSD have agreed that the terms of the master
agreement between CCC, CCCSD and EBMUD will apply to DSRSD in the subject
reorganization; and
WHEREAS, DSRSD does not currently receive property tax and thus does not
have increment tax allocation factors; and
WHEREAS, the CCC/CCCSD/EBMUD master agreement requires that an annexing
district have incremental tax allocation factors for the purpose of
calculating tax transfer; and
WHEREAS, CCC and DSRSD have agreed that EBMUD increment factors will be
used in applying the terms of the master tax transfer agreement to the
subject annexation to DSRSD; and
WHEREAS, other agencies affected by the reorganization were notified
about the proposal to use the CCC/CCCSD/EBMUD master agreement for the
subject reorganization; and
WHEREAS, the San Ramon Valley Fire Protection District (SRVFPD) , an
affected agency with the right to negotiate on its own behalf, notified the
County Administrator that SRVFPD was not willing to accept the terms of
master agreement and would negotiate the tax transfer on its own behalf; and
WHEREAS, SRVFPD met with CCCSD and DSRSD to negotiate tax transfer; and
WHEREAS, SRVFPD was not able to reach agreement with CCCSD and DSRSD for
the transfer of property tax within the time provided by Section 99 of the
Revenue and Taxation Code, said time expiring on February 7, 1997; and
WHEREAS, Section 99 .01 of the Revenue and Taxation Code directs that the
Board of Supervisors shall determine the property tax transfer in the event
that a special district involved in the negotiation fails to adopt a
resolution providing for the exchange of property tax revenue.
THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
RESOLVED that the property tax transfer agreement for affected agencies in
the Windemere Ranch Boundary Reorganization (LAFC 96-24) shall be in
accordance with the above discussed master property tax exchange agreement
between CCC, CCCSD and EBMUD for the fiscal year for which the State Board of
Equalization makes the tax rate area changes for this jurisdictional change.
The terms of the master agreement as determined by this resolution shall
apply in subsequent years unless changed by the mutual agreement of affected
agencies or subsequent jurisdictional changes. The terms of this resolution
apply to affected territory as submitted or revised by the Local Agency
Formation Commission. This resolution does not change the affected
districts' right to collect taxes for existing bonded indebtedness.
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: March 4, 1997
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By .
Deputy
cc: County Administrator
Auditor-Controller
County Counsel
LAFCO
Central Contra Costa Sanitary District
Dublin-San Ramon Services District
San Ramon Valley Fire Protection District
RESOLUTION NO. 96I !D�'