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HomeMy WebLinkAboutMINUTES - 04031990 - 1.77 THE BOARD OF SUrERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA —077 Adopted this Order on April 3 , 1990 by the following vote: AYES: Supervisors Powers , Schroder, McPeak, Torlakosn, Fanden NOES: None ABSENT: None ABSTAIN: None SUBJECT: Determination of Property Tax ) Exchange for the Coggins-Buskirk ) No. 2 Boundary Reorganization ) RESOLUTION NO. 90/ 209 (LAFC 87-71) and Repayment of ) Erroneous Tax Receipts ) 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 Coggins-Buskirk No. 2 Boundary Reorganization (LAFC 87-71) involving annexation of territory to the City of Pleasant Hill is excluded from the application of the master property tax transfer agreement between the City and the County because the sales tax revenue from the affected territory exceeds $5,000 per year; and WHEREAS, the City of Pleasant Hill and the County have agreed that, notwithstanding the amount of the sales tax revenue generated in the territory of the subject reorganization, the master property tax transfer agreement shall apply to the subject reorganization without alteration; and WHEREAS, the territory of the subject reorganization was annexed to the City in 1980 and subsequently reverted back to the jurisdiction of the County as a result of litigation; and WHEREAS, during the period of the litigation and change in jurisdiction of the subject territory, the City erroneously received property and sales tax revenues from the subject territory that should have been allocated to the County; and WHEREAS, the City has agreed to return to the County $22,585 in property tax and $228,000 in sales tax over a three-year period as specified in the attached agreement; NOW THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLVED that the City of Pleasant Hill and the County have agreed that the property tax transfer for the Coggins-Buskirk No. 2 Boundary Reorganization (LAFC 87-71) shall be in accordance with the master property tax transfer agreement without alteration. 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 district's rights to collect taxes for existing bonded indebtedness. IT IS FURTHER RESOLVED that the Chair of the Board of Supervisors is authorized to execute the attached agreement between the City and the County for the repayment of erroneous tax receipts by the City. 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: APR 3 1990 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By � Deputy cc: Auditor-Controller County Administrator County Counsel LAFCO City of Pleasant Hill RESOLUTION NO. 90/ 209