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HomeMy WebLinkAboutReso 086-92 AlaCo TaxExchLARPD RESOLUTION NO. 86 - 92 RESOLUTION OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH COUNTY OF ALAMEDA REGARDING TAX EXCHANGE UPON DETACHMENT OF PORTION OF LIVERMORE AREA RECREATION AND PARK DISTRICT WHEREAS, Revenue and Taxation Code section 99 requires local agencies whose service area or service responsibility will be altered by a proposed jurisdictional change to negotiate in an attempt to reach agreement regarding the amount of property tax revenues to be exchanged between the local agencies upon the jurisdictional change; and WHEREAS, Revenue and Taxation Code section 99(b)(5) provides that if a jurisdictional change will alter the service area or service responsibility of a special district, the board of supervisors of the county in which the special district is located shall, on behalf of the special district, negotiate any exchange of property tax revenues; and WHEREAS, the Livermore Area Recreation and Park District is a special district; and WHEREAS, the City Council has adopted a resolution of application initiating proceedings to detach a portion of the City of Dublin from the Livermore Area Recreation and Park District; and WHEREAS, an agreement entitled "Agreement Between County of Alameda and City of Dublin Regarding Tax Exchange Upon Detachment of Portion of Livermore Area Recreation and Park District," a copy of which is attached hereto as Exhibit A, has been prepared; and WHEREAS, the City Council is familiar with the terms and provisions of the agreement and the City Manager recommends approval of the agreement; NOW, THEREFORE, BE IT RESOLVED THAT the City Council approves the agreement attached as Exhibit A and authorizes and directs the Mayor to sign the agreement. BE IT FURTHER RESOLVED THAT the City Clerk is directed to forward a certified copy of this resolution and the signed agreement to the Executive Director of LAFCO. PASSED, APPROVED, AND ADOPTED this 13th day of July, 1992, by the following vote: AYES: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder NOES: ,None ABSENT: None ABSTAIN:None ATTEST: 114\RESOL\LARPD. RES AGREEMENT BETWEEN COUNTY OF ALAMEDA AND CITY OF DUBLIN REGARDING TAX EXCHANGE UPON DETACHMENT OF PORTION OF LIVERMORE AREA RECREATION AND PARK DISTRICT THIS AGREEMENT, dated for identification this__day of July, 1992, is entered into between the City of Dublin ("CITY"), a municipal corporation and the County of Alameda ("COUNTY"), a political subdivision of the State of California. RECITALS A. The Livermore Area Recreation and Park District is a special district located within the County of Alameda. B. Revenue and Taxation Code section 99 requires the local agencies whose service area or service responsibility will be altered by a proposed jurisdictional change to negotiate in an attempt to reach agreement regarding the amount of property tax revenues to be exchanged between the local agencies upon the jurisdictional change. C. Revenue and Taxation Code section 99(b)(5) provides that if a jurisdictional change will alter the service area or service responsibility of a special district, the board of supervisors of the county in which the special district is located shall, on behalf of the special district, negotiate any exchange of property tax revenues. D. The Board of Supervisors enters into this Agreement on behalf of the Livermore Area Recreation and Park District ("LARPD"), pursuant to Revenue and Taxation Code section 99. E. It is contemplated that CITY will apply to the Local Agency Formation Commission for detachment from LARPD of the areas within Tax Rate Areas 26-012 and 26-013, which areas are located within the incorporated limits of CITY. AGREEMENT 1. Recitals The foregoing recitals are true and correct and are part of this Agreement. EXHIBIT./ LARPD Exchange of PropertV Tax Revenues Upon Detachment from Upon detachment of the property within Tax Rate Areas 26-012 and 26-013, COUNTY shall receive all property tax revenues received by LARPD within such Tax Rate Areas at the time of detachment. CITY and COUNTY agree to adopt resolutions accepting this exchange of tax revenues, if required by the executive officer of the Local Agency Formation Commission at the time of an application for detachment from LARPD. 3. Effective Date This Agreement shall become effective upon approval of this Agreement by CITY's City Council and COUNTY's Board of Supervisors. CITY OF DUBLIN Dated: Mayor Approved as to form: City Attorney COUNTY OF ALAMEDA Dated: Approved as to form: Chairman of the Board County Counsel