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HomeMy WebLinkAboutReso 030-82 FuelTaxRevenueAgmt RESOLUTION NO. 30-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION APPROVING LOCAL MOTOR VEHICLE FUEL TAX REVENUE ALLOCATION AGREEMENT WHEREAS, Senate Bill 215 (Chapter 541, statues of 1981) authorizes a county to impose a motor vehicle fuel tax on a county wide basis; and WHEREAS, this additional imposition may be made only if: (1) The imposition is approved by the voters at an election, and (2) The proposition is approved by the Board of Supervisors and a majority of the City Councils of the cities having a majority of the population in the incorporated areas of the County, and (3) The County and the Cities within the County have a written agreement with respect to the allocation of the revenues between the County and the Cities; and WHEREAS, the allocation formula contained in the attached Local Motor Vehicle Fuel Tax Revenue Allocation Agreement, marked Exhibit "A" has previously been discussed and approved at the Conference of Mayors on June 9, li982; NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Local Motor Vehicle Fuel Tax Revenue Allocation Agreement, a copy of which is attached hereto and marked "Exhibit A" and incorporated herein; and BE iT FURTHER RESOLVED, that two certified copies of this resolution, together with a signed agreement be transmitted to the County Director of Public Works at the earliest practicable date, but in any event, not later than July 15, 1982. PASSED, APPROVED AND ADOPTED, thisl2th,day of July, 1982, by the following vote: AYES: COUNCILMEMBERS Burton, Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: None ABSENT: None City Cl~ ' Mayor / AI2%MEDA COUNTY REGION LOCAL MOTOR VEHICLE FUEL TAX REVENUE ALLOCATION AGREEMENT THIS AGREEMENT executed by and between the Cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City, all municipal corporations within the County of Alameda, hereinafter called the CITIES, and the County of Alameda, a political subdivision of the State of California, hereinafter called the COUNTY, is effective as of this day of , 1982. W I T N E S S E T H: WHEREAS, a Local Mot6r Vehicle Fuel 'Tax May be .imposed by a county on a countywide basis in accordance with Part 4, (commencing with Section 9501) of Division 2 of the Revenue and Taxation Code; and WHEREAS, Section 9502 (a) of the Revenue and Taxation Code specifies that prior to imposition and collection of any tax under Part 4 thereof, a proposition granting authority to a county to impose the tax shall be submitted to and approved by the voters at an election; and WHEREAS, Section 9502 (b) of the Revenue and Taxation Code specifies that a proposition may be submitted to the voters only if it is approved by the board of supervisors of the county, and a majority of the city councils of the cities having a majority of the population in the incorporated areas of the county, and that the county and the cities within the county must have a written agreement with respect to allocation of the revenues between the county and the cities; and ,! WHEREAS, this AGREEMENT specifies the allocation of Local Motor Vehicle Fuel Taxes between COUNTY and CITIES in accordance with Section 9502(b) of the Revenue and Taxation Code. NOW, THEREFORE, THE COUNTY AND THE CITIES WITHIN THE COUNTY OF ALAMEDA as specified in Section 9502(b) of the said Revenue and Taxation Code do hereby agree to the following Local Motor Vehicle Fuel Tax Allocation Formula and related conditions: 1. The Local Motor Vehicle Fuel Tax annual revenues alloca- tion formula within the County of Alameda shall be as follows: A. Charges payable to the State Board of Equaliza- tion for administration of the tax revenue program will be subtracted from the total gross revenues to be received prior to any distribution between COUNTY and CITIES. B. Total remaining net revenues shall be divided between the COUNTY and the CITIES as a total group based on a proportionate percentage of total centerline road miles maintained by CITIES and COUNTY excluding streets privately owned or' main- tained, and State highways or freeways. 'The maintained road mileage percentage basis for both COUNTY and CITIES shall be recalculated effective July 1 each year using the most recent mileage data as follows: (1) COUNTY mileage will be that certified to the state each May and will reflect COUNTY mileage as of April 15; (2) CITIES mileage will be as of'June 1. Both mileage figures will bethose available immediately prior, to the following july 1 implementation date. The COUNTY portion of this division will constitute its entire share.' The COUNTY portion-of revenues derived from the Local - 2 - Option Fuel Tax shall not be included in the current "County Support for City' Streets" program, or any successor program. C. CITIES portion of the revenues shall be distributed to each of the cities as follows: (1) Each City shall receive a lump sum base amount of $100,000. (2) The remaining CITIES revenue shall be divided into two equal portions to be distributed to each city as follows: (a) One portion based on maintained centerline road miles. The maintained road mileage percentage basis shall be recalculated effective July 1 each year using the aforesaid June 1 CITIES mileage figures. (b) One portion based on population. The population percentage basis shall be recalculated effective July 1 each year using population data to be obtained from the Office of the Controller, State of California in early June prior to the July 1 implementation data. D. For administrative convenience purposes, the following procedures will be followed in implementation of the revenues allocation formula: (1) Each City will furnish COUNTY with the required Street mileage figure no later than the 10th day of each June preceding the July 1 implementation date. (2) COUNTY will obtain the required popula- tion data from the State Controller's Office. (3) COUNTY will complete all required calculations using the data prescribed by this AGREEMENT. - 3- (4) Following completion of calculations, COUNTY will forward the individual percentage allocation figure payable to each City to the State Board of Equalization for implementation together with all calculation data. Information copies will be furnished CiTiES by COUNTY immediately upon com- pletion of the required calculations. 2. The terms of this AGREEMENT shall be subordinate to any State law or regulation governing the collection, alloca- tion or expenditure of Local Motor Vehicle Fuel Taxes. 3. Any new city which incorporates shall share in the Local Motor Vehicle Fuel Tax revenues described in paragraph 1. B. above prorated as to its date of incorporation. Distribution of revenues to any new city or cities shall be on the same formula basis set forth for those CITIES which were original parties to the AGREEMENT. 4. This AGREEMENT may be signed in counterparts, each of which so executed shall be deemed an original, and said counter- parts together shall constitute one and the same instrument. 5. This AGREEMENT shall remain in effect for the duration of the tax, and may not be modified, amended or otherwise changed unless by an amendment executed by all the parties hereto. / / / / / / / / -- 4 -- IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective duly authorized officers, the provisions of which AGREEMENT are effective as of the day, month, and year first hereinabove written. CITY OF ALAMEDA CITY OF ALBANY By By Mayor Attest: citY Clerk CITY OF BERKELEY Mayor Attest: City Clerk CITY OF DUBLIN By By Mayor Attest: City Clerk CITY OF EMERYVILLE Mayor Attest: City Clerk CITY OF FREMONT By Mayor Attest: City Clerk CITY OF HAYWARD By Mayor Attest: City Clerk CITY OF LIVERMORE By Mayor Attest: City' Clerk CITY OF NEWARK By Mayor Attest: City Clerk CITY OF OAKLAND By Mayor Attest: C'~tY Clerk CITY OF PIEDMONT By Mayor Attest: City Clerk CITY OF PLEASANTON By Attest: Mayor C~tY Clerk -- 5 By Attest: Mayor '~ity Clerk CITY OF SAN LEANDRO CITY OF UNION CITY By Attest: Mayor City Clerk By Attest: Mayor City Clerk COUNTY OF ALAMEDA By Chairman, Board of Supervisors Attest: Clerk, Board of Supervisors - 6 -