R 3737
RESOLUTION NO. 3737
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 COUNTY OF
SAN LUIS OBISPO AND THE CITY OF ARROYO
GRANDE
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/her and the Count 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 increment between the County of San Luis Obispo and the
City of Arroyo Grande pursuant to Section 99(a)(1 ) for the jurisdictional change
designated as Annexation No. 29 to the City of Arroyo Grande (St. John's Church); and
WHEREAS, the negotiating party, to wit: Dan Buckshi, Administrative Analyst, County r
of San Luis Obispo, on behalf of the County and Steven Adams, City Manager, on
behalf of the City of Arroyo Grande have negotiated the exchange of property tax
revenue and annual tax increment 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 increment be consummated.
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RESOLUTION NO. 3737
PAGE 2
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande, California, 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 increment.
(a) No base property tax revenue shall be transferred from the County of San
Luis Obispo to the City of Arroyo Grande.
(b) No annual tax in,crement shall be transferred from the County of San Luis
Obispo to the City of Arroyo Grande in the fiscal year 2005-2006.
(c) All annual tax increment for the County Road Fund shall be transferred to
the County General Fund.
3. Upon receipt of a certified copy of this resolution and a copy of the recorded
certificate of completion, the County Auditor shall make the appropriate
adjustments to property tax revenues and annual tax increments as set forth
above.
4. That the Director of Administrative Services/Deputy 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.
5. In the event that the property is conveyed to a taxable entity and/or used for non-
exempt purposes, the City reserves the right to renegotiate an amended
agreement with the County for both property tax revenues and annual tax
increments.
On motion of Council Member Runels, seconded by Council Member Dickens, and on
the following roll call vote, to wit:
AYES: Council Members Runels, Dickens, Lubin, Costello and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 9th day of March, 2004.
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RESOLUTION NO. 3737
PAGE 3 .
ATTEST:
, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
.S~ ~:{ITY MANAGER
APPROVED AS TO FORM:
~CL8rrATTORNEY
~
RESOLUTION NO. 3737
OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that Resolution No. 3737 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council of the City of Arroyo Grande on the 9th day of March, 2004.
WITNESS my hand and the Seal of the. City of Arroyo Grande affixed this 11 th
day of March, 2004.
~NL-
RE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK