HomeMy WebLinkAboutMINUTES - 03281989 - 1.66 1-066
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order March 28, 1989 by the following vote:
AYES: Supervisors Powers, 'Fanden, Schroder, McPeak, Torlakson.
NOES: None.
ABSENT: None .
ABSTAIN: None .
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SUBJECT: Determination of Property Tax
Exchange for the South Brentwood
No. A-87-2 Annexation to the RESOLUTION NO. 89 /197
City of Brentwood (LAFC 89-5)
WHEREAS, Section 99 of the Revenue and Taxation Code
provides that the 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 South Brentwood No. A-87-2 Annexation to the
City of Brentwood (LAFC 89-5) involving annexation of territory to the City
of Brentwood is excluded from the application of the master agreement
between the City and the County because the County exercised its option to
exclude the subject annexation from the master agreement because of
uncertainties about commercial development that may occur in the areas of
the annexation; and
WHEREAS, the City of Brentwood and the County have agreed
that the terms of the master agreement shall apply to the South Brentwood
No. A-87-2 annexation subject to the condition that the total amount of
property tax revenues the City is to receive from the County in any tax
year pursuant to the provisions of the master agreement from the territory
of the subject annexation shall be reduced by an amount equal to 50% of the
sum of the sales tax revenue and transient occupancy tax revenue received
by the City during the preceding tax year form the area annexed. Any such
reduction, however, shall not result in a "negative transfer", i.e. , a net
transfer from City to County. The total amount of transient occupancy tax
and sales tax revenue received by the City during the preceding tax year,
as specified above, shall be reported to the County Auditor-Controller by
August 1 of each year, and the Auditor-Controller shall have the right to
audit the City's books to verify such amount.
NOW, THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF CONTRA
COSTA COUNTY RESOLVED that in accordance with Section 99 of the Revenue and
Taxation Code the property tax transfer for the affected agencies .in the
area of the South Brentwood No. A-87-2 Annexation to the City of Brentwood
(LAFC 89-5) shall be in accordance with the master property tax agreement
subject to the sales and transient occupancy tax offset condition specified
above. Said property tax transfer agreement applies to affected territory
as submitted or revised by the Local Agency Formation Commission. 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.
I hereby certify that this is true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
ATTESTED: MAR 2 8 1989
Phil Batchelor, Clerk of the Board
of Supervisors and County Administrator
By: Deputy
cc: County Administrator
Auditor-Controller
County Counsel
Local Agency Formation Commission
City of Brentwood
RESOLUTION NO. 89/197