HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-099 BEFORE THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Authorizing the Inclusion
of the North Concord Annexation Area
in the Master Property Transfer Agreement
Subject to Additional Terms and Conditions
Between the City of Concord and Contra
Costa County to Allow a Division of Property
Tax and Sales Tax Revenues Upon the
Annexation of the North Concord
Annexation Area to the City of Concord
(LAFC 99-29) Resolution No. 2000/99
WHEREAS, Section 99 of the Revenue and Taxation Code provides that a city and
county shall agree by Resolution to exchange property tax revenues among themselves and any
affected agencies in the event of a jurisdictional change; and
WHEREAS,the North Concord Annexation to the City of Concord (LAFC 99-29)
involving annexation of territory to the City of Concord is excluded from the application of the
Master Property Tax Transfer Agreement between the City and County because the assessed
value of the affected territory exceeds ten million dollars; and
WHEREAS, the City of Concord and Contra Costa County have agreed that
notwithstanding the amount of the assessed value of the territory the subject annexation,the
Master Property Tax Transfer Agreement, subject to additional terms and conditions regarding
the exchange of sales tax revenues as set forth herein, shall apply to the annexation.
NOW,THEREFORE,THE BOARD OF SUPERVISORS DOES RESOLVE AS
FOLLOWS:
Section 1. This agreement applies to all territory included in the North Concord
Annexation to the City of Concord(LAFC 99-29), as approved by the Local Agency Formation
C WY DOCUMENTS\A N XAnI\NCONCORDRESCOUNTY.DOC I
Commission.
Section 2. This resolution does not change the property tax revenues accruing to other
agencies serving the subject territory or the affected districts' rights to collect taxes for existing
bonded indebtedness.
Section 3. Notwithstanding Revenue and Taxation Code Sections 95 through 100, or any
other law, the City and County hereby agree to an exchange of both property tax and sales tax
revenues as set forth hereinbelow:
a. Subject to subparagraphs b. through e. hereinbelow,the Master Property Tax Transfer
Agreement(Exhibit A hereto) shall be used to allocate property taxes between the City
and County.
b. Sales tax generated in the affected area will be allocated between the City and County
as to maintain an overall tax allocation(sales and property) of fifty-one percent (5 1%)to
the City and forty-nine percent(49%)to the County. If there is insufficient sales tax to
bring the overall tax allocation to the City to fifty-one percent(5 1%) of the total,the City
will retain all of the sales tax.
c. The percentage of sales tax to be received by the County and City will be evaluated on
an annual basis to maintain the 49/51 percent split of overall tax revenues.
d. The property tax shall be allocated by the County. Sales tax is received directly by the
City. The City will remit to the County its share of sales tax as set forth herein above.
County shall forward property tax information to City as soon as it is available, and City
shall pay to County any sales tax required to be paid to County by the later of December
31 of the current fiscal year, or within 30 days of receipt of property tax information. The
County Auditor-Controller shall have the right to audit the City's books to verify the sales
tax amount.
CAMY DOCLJMENTS\AN XATrNCONCOPDRESCOUNTY.DOC 2
e. Definitions:
For purposes of the foregoing calculation,sales tax shall mean the sales tax
revenue received by the City during the preceding tax year from the
area annexed; and property tax shall mean the current year base tax amounts
for the County and City in the area annexed.
Section 4. The Clerk is hereby directed to forward a certified copy of this resolution to
the Auditor/Controller of Contra Costa County and to the Executive Officer of the Local Agency
Formation Commission.
Section 5. This resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED by the Board of Supervisors of the County of Contra Costa
on March 7, 2000, by the following vote:
AYES: Supervisors-Gioia, Uilkema,DeSaulnier, C-anciamilla and Gerber
NOES: Supervisors-None
ABSTAIN: Supervisors- None
ABSENT: Supervisors-None
I HEREBY CERTIFY that the forgoing Resolution No. was duly and regularly
adopted at a regular meeting of the Board of Supervisors of the County of Contra Costa on
March 7 ,2000.
CAMY DOCUMENTS\ANNEXATI\NCONCORDRESCOUNTY.DOC 3
Phil Batchelor, Clerk of the Board of Supervisors
By '�
erk
L ACAMy Documents\AN EXATI\nconcordrescounty.doc
c:vY DocuWrrrs\a�XATMcorrcoxDxEscou W.Doc 4