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R 4267 RESOLUTION NO. 4267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE CITY OF ARROYO GRANDE AND COUNTY OF SAN LUIS OBISPO WHEREAS, in the case of a jurisdictional change other than a city incorporation or district formation which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(a)(1) requires that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors of the County; and WHEREAS, Revenue and Taxation Code Section 99(b)(6) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolutions to him and the County Auditor shall thereafter make the appropriate adjustments as required by law; and WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increments between the City of Arroyo Grande and the County of San Luis Obispo pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation No. 30 to the City of Arroyo Grande (Pearwood); and WHEREAS, the negotiating party, to wit: Steven Adams, City Manager, on behalf of the City of Arroyo Grande, and Dan Buckshi, Assistant County Administrative Officer, County of San Luis Obispo, on behalf of the County have negotiated the exchange of property tax revenue and annual tax increments between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increments be consummated. RESOLUTION NO. 4267 PAGE 2 NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Arroyo Grande as follows: 1. That the recitals set forth above are true, correct and valid. 2. That the City of Arroyo Grande agrees to accept the following negotiated exchange of base property tax revenues and annual tax increments. (a) No base property tax revenue shall be transferred from the County of San Luis Obispo to the City of Arroyo Grande. (b) Annual tax increments shall be transferred from the County of San Luis Obispo to the City of Arroyo Grande in the fiscal year 2011 -2012 and each fiscal year thereafter in the amount of 12.2238 percent of the increment remaining after transfers to the Education Revenue Augmentation Fund (ERAF). 3. That the City Clerk is authorized and directed to transmit a certified copy of the Resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member Fellows, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Fellows, Guthrie, Costello, and Mayor Ferrara NOTES: None ABSENT: Arnold the foregoing Resolution was passed and adopted this 13 day of April 2010. RESOLUTION NO. O{ZG/7 PAGE 3 TO FE ,MAYOR ATTEST: WEI(uin- KELLY ET ORE, CITY CLERK APPROVED AS TO CONTENT: S E A AMS, CITY MANAGER APPROVED AS TO FORM: TI THY J. C , ITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4267 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 13 day of April 2010. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14 day of April 2010. l l / l__ as.,/ KELLY ET ORE, CITY CLERK