HomeMy WebLinkAbout1984-12-18; City Council; Resolution 78431
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RESOLUTION 7843
OF THE CITY COUNCIL OF THE
CALIFOREIA APPROVING
TAX AGREEMENT.
WHEREAS, pri
sn Diego must en
3xes from the ar to be annexed; and
to any annexation the City and the County of
into an agreement on the split of property
WHEREAS, an has been negotiated to determine the
RESOLVED by the City Council of the
plit of certain annexations.
ity of Carlsbad s follows: a
1. That the
2, That the
above recitations are true and correct.
Master Property Tax Agreement attached
Exhibit A is hereby approved.
is hereby authorized and directed to
sign the^ agreement on behalf of the City.
PASSED, AND ADOPTED at a regular meeting of the
:ity Council of Carlsbad held the 18th day of
ecer , vote, to wit:
AYES: Council mrs Casler, Lewis, Kulchh, Chick and Pettine
NOES :
MARY H .~CASLER, Mayor
RTTEST :
ALETHA L. RAUTENkRANZ, City Glerk
(SEAL)
a
' .
future jurisdictional chan!
this Agreement.
-
MAST
THIS AGREEMENT is mad DIEGO, a political subdivi
"County", and the various
WHEREAS, Section 99 0' annexation shall become ef
service responsibilities wi
resolution, to accept the
WHEREAS, Section 99 0'
and any local agency withii ag reemen t ; and
WHEREAS, Article XI11 the financial responsibil i*
of government to another, '
increased by a reasonable the transferor shall be del
EXHIBIT A
to Res. No. 7843
November 1984
:R PROPERTY TAX TRANSFER AGREEMENT
I
! and entered into by and between the COUNTY OF SAN ;ion of the State of Cal ifornid, hereinafter called
:ITIES .within the County hereinafter called "Cities";
RECITALS
' the Revenue and Taxation Code provides that no
'ective until each County and city &ose service areas or uld be altered by such jurisdictional change agrees, by iegoti ated exchange of property tax revenues; and
the Revenue and Taxation Code provides that a County
I the County may adopt a master property tax transfer
1 of the State Constitution provides that in the event
y of providing services is transferred from one entity
he appropriations limit of the transferee shall be
mount as mutually agreed and the appropriations limit of ,reased by the same amount; and
ave negotiated this Agreement for the exchange of
all unresolved jurisdictional changes submitted to the iission on or After November 2, 1984, and as to all
es completed during the term of and within the limits of
AGREEMENT
NOW, THEREFORE, the pbrties agree as follows:
SECTION 1. Definitiobs. The definitions contained in this section and ir; th2
Revenue and Taxation Code phall govern the construction, meaning, and application of words used in this agre ent.
(a) "Base property tax em revenues" means property tax revenues as determined by
the County Auditbr pursuant to Sections 96 and 97 of the Revenue and
Taxation Code, drring the fiscal year imnediately preceding the tax year In which the jurfsdictional change is filed with the Local Agency
Form at i on Comn i sls i on.
(b) "Annual tax incrpent" means the property tax revenue fran the annual
increase in assepsed value attributable to the TRA affected by the
jurisdictional pursuant to ange, as determfned by the County Auditor and Controller 98 of the Revenue and laxation Code.
,'
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.
be transferred
(b) The property tax
County Auditor shall to Section 96 and 97
for each local
during
to the County General Fund.
increment shall be adjusted such that the annexing city
County and increment. The to the County
SECTION 4. 'Limitatidns on Agreement. This agreement shall not apply to annexat ions of property ich include any of the following: (1) nuclear power generation stations; (2) he East Mesa Study Area as defined in County General P1 an Amendment 84-02 (It 6); (3) proposals having assessed valuation of $35 million or more on the current equalized tax rolls; (4) proposals having existing commerci a1 development wh ch generated retail sales of $10 million or more in the preceding twelve months; nd (5) proposals which include the dissolution of a special district. By mut a1 consent of both the County and an affected city, property tax exchange for jurisdictional changes can be negotiated outside the bounds of this Agreement.
detaching special districts' share of the annual tax balance of the annual tax increment shall be transferred General Fund. The resulting percentage distribution of the
a1 tered by add i
SECTION 3. Transfers
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*; i on a? juri sdi ct i onal changes.
of Appropriations Limits. Whenever a jurisdictional
the affected jurisdictions tax revenue transfer. shall be adjusted in accordance, with the base property
SECTION 5. Term of approval and execution by Agreement shall continue until April 1, 1988. continue to completion under Agreement shall automatically notice of intent to terminate jurisdictional changes for
Agreement is to make equitable consistent with the terms to maximize each party's areas annexed to cities. assume the continuation of available property tax rev
SECTION 6. Terminatim
Agreement. This Agreement shall be effective upon its the parties. Except as otherwise provided therein, this in force for all pending and future jurisdictional changes
the terms of this Agreement. After April 1, 1988, the be extended until any party provides three (3) months this agreement with respect to subsequent
Jurisdictional changes in process on April 1, 1988 shall
which it is an affected agency.
Due to Changes in the Law. The purpose of this distribution of available property tax revenues
a3ility to deliver essential governmental services in of existing law as mutually understood by the parties and
In entering into this Agreement, the partaies mutually the existing statutory scheme for the distribution of nues to local government. and that assumption is a basic
Agreement may,
as to subsequent jurisdictional statutory law, which negate the basic court decisions intent of this
IN WITNESS WHEREOF, th parties have entered into this Agreement by the -
resolutions and on the date e set forth below:
CITY OF CARLSBAO I
Resolution No. 7843
Date December 18, 1984
CITY OF CORONADO
Resolution
Date 7
CITY OF EL CAJON
Resolution 1
Date
CITY OF LA MESA
Resol uti on I
Date 1
CITY OF NATIONAL CITY I
Resolution
Oat e
CITY OF POWAY
Resolution 1
CITY Date _____L OF SAN OIEGO
Resol uti on a
CITY Date * OF VISTA
Resolution !
Date 1
CITY OF CHUM VISTA
Resol ut ion
Date
CITY OF DEL MAR
Resol ut ion
Date
CITY- OF ESCONDIDO
Resolution \
Date
CITY OF LEMON GROVE
Resol uti on
Date
CITY OF OCEANSIDE
Resol uti on
Date
CITY OF SAN MARCOS
Resol uti on
Oat e
CITY OF SANTEE
Resol uti on
Date
COUNTY OF SAN DIEGO
Resol uti on
Date
3
I ATTACHMENT A
.
SHAR Of POOLED PROPERTY TAX REVENUES
TO B € TRANSFERRED TO ANNEXING CITIES
Incorporbted I Area City Percent age
Carl sbad I ........... 48%
Chula Vi$ta ........... 41
Coronado 1 ........... 53
Del Mar i ........... 41
EI Cajon 1 ............ 38
Escondidd ............ 36
3% I La Mesa 1 ...........
Lemon Gr ve ............ 34,
National City ........... 46
Ocean si dq d ........... 53
Poway ! ........... 43
San Diegd ........... 45
San Marcds ........... 23
Santee ~ ........... 43
Vista 1 ... :. ...... 41
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