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HomeMy WebLinkAboutReso 1980-10429 Rev., 2/76, RESOLUTION NO. 10429 RESOLUTION ,OF THE" CITY COUNCIL - OF~'''l'HE--'CITY' OF' CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO, A POLITICAL SUBDIVISION FOR MASTER PROPERTY TAX TRANSFER ,AND AUTHORIZING THE MAYOR"TO 'EXECUTE SAID AGREEMENT The Ci'ty Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agr~ement bet~en THE CITY OF CHULA VISTA, a municipal corporation, and cthe County of San Diego, a political subdivision for master property tax trans fer d'ated which fully the 7th day of April , 19 81 is attached hereto and incorporated herein, set forth herein be, and the same is hereby , a copy of the same as though approved. BE IT FURTHER RESOLVED that the. Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~' ~ E. R. Asmus, Assistant City Manager ~~ d '" t'/ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 7th day .o~, April , 19~, .by AYES: Councilmen Scott, Gillow, Hyde, Cox, McCandliss NAYES: Counci lmen' None , City Clerk of the City that the above is a full, , and that the same has I, of Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED City Clerk " '\ -4- IN WITNESS WHEREOF, the parties have entered into this Agreement on the dates set forth below. CITY OF CARLS BAD By Title Date CITY OF CORONADO By Title Date CITY OF EL CAJON By Title Date CITY OF U1PERIAL BEACH By Title Date I O~l2 cr COUNTY OF SAN DIEGO By Date CITY OF CHULA VISTA r /"'~l._--OA By L-... ),1.)..1> (- ~C^-{' Ti tIe Mayor Date April 7, 1981 , CITY OF DEL BAR By Title Date CITY OF ESCONDIDO By Title Date CiTY OF LA BE SA By Title Date " .. CITY OF LEMON GROVE By Title Date CITY OF OCEANSIDE By Title Date CITY OF SAN ~L~RCOS By Title Date /0129 -5- CITY OF NATIONAL CITY By Title Date CITY OF SAN DIEGO By Title Da.te CITY OF VISTA By Title Date J' , ~.. ATTACHl1ENT A SHARE OF POOLED ANNUAL TAX INCREMENT TO BE TRANSFERRED TO ANNEXING CITIES Incorporated Area ci joy Percentage Carlsbad Chula Vista .Coronado Del Mar El Cajon Escondido Imperial Beach La Mesa Lemcn Grove National City. Oceanside Sa:1 Diego San Barcas Vista 48% 41 53 41 38 36 55 38 34 46 53 45 23 41 Z eJl.(Z9 PAUL ECKERT 1600 PACIFIC HWY . SAN DIEGO, CA. 92101 .714.236.2293 March 27, 1981 (---'\~" .,'", '.:j . l'- &tJn~~/ 'G'l!"'- y. Ri'. f'f5rQ\ ~ MAH30 1981 ~ EO MAYOR'S OFFICE ~ Chufa Visto, CA 'll. :t> Mayor Will T. Hyde City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Dear Mayor Hyde: Attached is a copy of the "Master Property Tax Transfer Agreement" which will implement the terms of the "pooling method" for sharing property tax revenues when city annexa- tions occur. The agreement has been reviewed by the City of San Diego staff personnel who assisted the Mayor's Task Force in this matter. The Agreement, in its present form, incorporates the changes agreed upon following the staff review. The County is awaiting approval and execution of this agreement by your Council so we may proceed in processing annexations to your city. If you have any questions or comments concerning this matter, please contact my office or Ted Harwood of the Office of Management and Budget at 236-4301. Sincerely, &~ f(/ Board of Supervisors PE:TH:nw Enclosure cc: Lane Cole City Manager Scott Harvey, Director Intergovernmental Relations City of San Diego ( f!J 1Z ? BOARD MEMBERS Tom Hamilton First District Paul W. Fordem Second District Roger Hedgecock Third District Jim Bates Fourth District Paul Eckert Fifth District March 20,1981 MASTER PROPERTY TAX TRANSFER AGREE~lliNT THIS AGREEMENT is made and entered into by and between the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter called "County", and various CITIES with- in the County hereinafter called "Cities"; RECITALS WHEREAS, Section 99 of the Revenue and Taxation Code pro- vides that no annexation shall become effective until each county and city whose service areas or service responsibilities would be altered by such jurisdictional change agrees, by resolution, to accept the negotiated exchange of property tax revenues; and ~,HEREAS, Section 99 of the Revenue and Taxation Code pro- vides that a county and any local agency within the county may adopt a master proper~y tax transfer agreement; and WHEREAS, Article XIIIB of the State Cons~itution provides that in the 2vent the financial responsibility of providing ser- vices is t~&nSfer~2d from one entity of government to another, _the appropriations lied t of the transferee shall be incre"sed by a 're2.son2.~le af~,oun-': -as mutually agreed and the appropriations limit of the transferor shall be decreased by the same amount; and WHE?SAS, the parties have negotiated this Agreement for the exchange of property tax revenues as to all unresolved jurisdic- tional changes completed in calendar years 1978, 1979, and 1980, and as to all future jurisdictional changes completed during the term of and within the limits of this Agreement; and WHEREAS, the parties have mutually agreed to an exchange of appropriations limits as to all jurisdictional changes completed since July 1, 1980, and as td all future jurisdictional changes completed during the term of and within the limits of this Agree- ment. AGREEMENT NOW, THEREFORE, the parties agreE as follows: SECTION 1. Definitions. The eefinitions contained in this section and in the Revenue and Taxation Code shall govern the construction, meaning, and application of words used in this agreement. ,,<( _ / t? '1;L 'l -2- " (SECTION 1 continued) (a) "Base property tax revenues" means property tax revenues, as determined by the County Auditor pursuant to Sections 96 and 97 of the Revenue and Taxation Code, during the fiscal year im- mediately preceding the tax year in which the jurisdictional change is filed with the Local Agency Formation Commission. (b) "A.'1nual tax increment" means the property tax revenue from the annual increase in assessed value attributable to the TRA affected by the jurisdictional change, as determined by the COlli'1tV Auditor and Controller pursuant to Section 98 of the Revenue and Taxation Code. (c) "Developed property" means real property having improve- ments thereon with an assessed value at least equal to the assessed value of the land in the same assessor's parcel. (d) "Undeveloped property" means real property having no assessed imprOV8Dents thereon or having improvements thereon with an assessed value of less than the assessed value of the land in the s~"e parcel. SECTION 2. Aoportionment of Property Tax Revenues. The County Auditor shall adjust the amount of property tax revenue determined oursuant to Section 96 or 97 of the Revenue and Taxation Code, as a"ended from time to time, for each local agency ~hose service area or service responsibilities were altered by jurisdictional change subject to this Agreement, which shall have become effective during the preceding calendar year, as Iollows: 1. Undeveloped Property (a) No Base property tax revenue shall be transferred. lb) The annual tax incr~ment shall be adjusted such that the annexing city receives the percentage, shown on Attachment A, of the combined (pooled) County and detaching special districts' share of ,the annual tax increment. The balance of the annual tax increment shall be transferred to the County nGeneral Fund. The resulting percentage distribution of the annual tax increment shall be maintained in subsequent years unless altered by additional juriSdictional changes. 2. Developed Property ta) The annexing city shall receive 17.5% of the County's and detaching special districts' base property tax revenue from the annexed parcel. /0 C/cJj -3- r (Developed Property continued) (b) The property tax increment shall be adjusted such that the annexing city receives the percentage, shown on Attachment A, of the combined (pooled) County and detaching special districts' share of the annual tax increment. The balance of the annual tax increment shall be transferred to the County General Fund. The resulting percentage distribu- tion of the annual tax increment shall be maintained in subsequent years unless altered by additional jurisdictional changes. SECTION 3. Transfers of Appropriations Limits. Whenever a jurisdictional change occurs between parties to this,agree- ment and such jurisdictional change results in a transfer of base property tax reve':1ue, the appropriations limits of the affected jurisdictio':13 shall be adjusted in accordance with the base property tax revenue transfer. SECTION 4. Limitations on Agreement. This agreement shall not apply to an:cexations of property which include nuclear power generation stations. By mutual consent of both the County and an affected city, property tax exchange for jurisdictional changes can be nesotiated outside the bounds of this Agreement. SECTION 5. Term of Agreement. This Agreement shall be effective upon its approval and execution by the parties. Except as otherNise provided therein, this Agreement shall con- tinue in force for all pending and future jurisdictional changes until November 1, 1984. At least thirty (30) days prior to that time, the parties shall meet for the purpose of re-examining' and possibly 2.l-nending the terms and conditions of this Agreement. Jurisdictional changes in process on November 1, 1984, shall continue to completion under the terms of this Agreement. SECTION 6. Termination Due to Changes in the Law. TAe purpose of this Agreement is to make equitable distribution of available property tax revenues consistent with the terms of existing law as mutually understood by the parties and to maxi- mize'each party's ability to deliver essential governmental services in areas annexed to cities. I~ entering into this Agreement, the' parties mutually assume the conti;1uation of the existing statutory scheme for the distribution of available property tax revenues to local government and ,that assumption is a basic tenet of this Agreement. Accordingly, it is mutually understood and agreed that this Agreement may upon ninety 190) days written notice by any party be terminated' as to subsequent jurisdictional changes of that party if changes should occur in statutory law, court decisions or State administrative interpretations which negate the basic intent of this Agreement. loC{-'z C(