HomeMy WebLinkAbout016-95RESOLUTION NO. 1605
APPROVING THE PROPERTY TAX EXCHANGE AGREEMENT AND
BOUNDARY REORGANIZATION FOR A 1.1 ACRE SITE ON THE
NORTH SIDE OF FOSTORIA WAY (LAFC 95°2)
WHEREAS, on April 20, 1993, the Town Council adopted Resolution No. 41-93,
approving agreements between the Town of Danville, Fostoria Associates, the City of
San Ramon and the Contra Costa Transportation Authority pertaining to construction
of the Fostoria Way overcrossing project; and
WHEREAS, the terms of the agreements require that upon completion of the project,
the Town of Danville shall transfer a 1.1 acre parcel within the street right of way to
the City of San Ramon and that jurisdictional limits be adjusted accordingly; and
WHEREAS, The City of San Ramon has filed application with LAFCO for the Fostoria
Way Boundary Reorganization (LAFC 95-2) involving the subject 1.1 acres; and
WHEREAS, Section 99 of the Revenue and Tax Code provides that in the event of a
jurisdictional change that would affect the service area or responsibility of one or
more local agencies, the local agencies shall negotiate an exchange of property tax
revenues; and
WHEREAS, the subject 1.1 acre site is within existing public right of way and is exempt
from property tax assessments; and
WHEREAS, the Fostoria Way Boundary Reorganization involves the deannexation of
territory from the Town of Danville and a concurrent annexation of the same area to
the City of San Ramon which will affect the service responsibilities of the two
municipalities; now, therefore, be it
RESOLVED, by the Town Council of the Town of Danville that the Town Council
hereby determines that 100 percent of the property tax revenue accruing to the Town
from the affected territory of the Fostoria Way Boundary Reorganization shall be
transferred to the City of San Ramon; that the terms of this property tax exchange
agreement shall be effective for the fiscal year for which the State Board of
Equalization makes the tax rate area changes for this jurisdictional change and shall
apply in subsequent years unless changed by the mutual agreement of the affected
agencies or subsequent jurisdictional changes; and be it further
RESOLVED, that this resolution does not change the property tax revenues accruing to
other agencies servicing the subject territory or the affected agencies right to collect
taxes for existing bonded indebtedness. The property tax exchange agreement
PAGE 1 RESOLUTION NO.16-95
discussed above shall apply to the affected territory as submitted or revised by the
Local Agency Formation Commission; and be it further
RESOLVED, by the Town Council of the Town of Danville that the Town Council
hereby authorizes the Town Manager to execute a property tax exchange agreement
for the 1.1 acre site on the north side of Fostoria Way with the City of San Ramon on
behalf of the Town of Danville.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday,
February 7, 1995, by the following vote:
AYES: Greenberg,
NOES: None
ABSTAINED: None
ABSENT: None
Doyle, Ritchey,
Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 RESOLUTION NO.16-95