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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. .-.-..---....- - -- 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. ""----- 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