HomeMy WebLinkAbout05 PROPERTY TAX 07-06-04
AGENDA REPORT
Agenda Item
Reviewed: It(
City Manager
Finance Director
5
MEETING DATE:
July 6, 2004
TO:
William A. Huston, City Manager
FROM:
Ronald A. Nault, Finance Director
SUBJECT:
APPROVAL OF AN ANNEXATION PROPERTY TAX PASS-THROUGH
AGREEMENT WITH THE ORANGE COUNTY FIRE AUTHORITY
SUMMARY:
The City's Fire Services and Emergency Medical Services Agreement with the Orange County
Fire Authority (OCFA) states that any Structural Fire Fund revenues that accrue to the City as a
result of annexation will be passed through to the OCFA. The language in the attached
agreement stipulates the calculation and pass-through methodology.
RECOMMENDATION:
Approve the Annexation Property Tax Pass-Through Agreement with the Orange County Fire
Authority effective July 1, 2004.
FISCAL IMPACT:
None.
DISCUSSION:
The City has recently completed the annexation of an unincorporated area known as the Bonner
Drive County Island. This area consists of forty-eight residential parcels on approximately 11.4
acres of land. In Fiscal Year 2003/04 this area had an assessed value of $8.2 million and is
estimated to generate $9,386 in Structural Fire Fund (SFF) revenue. With the annexation of this
island, the underlying SFF tax rate will be eliminated beginning in Fiscal Year 2004/05.
On March 23, 2000 the Board of Directors of the Orange County Fire Authority adopted an
annexation policy by which all Structural Fire Fund and redevelopment revenues from annexed
areas will continue to be received by the OCFA. Section 5 of the City's Fire Services and
Emergency Medical Services Agreement with OCFA stipulates that when a City annexes SFF
territory, the existing level of SFF revenue shall continue to pass through to the OCFA, unless
otherwise agreed to by the parties, and shall be adjusted annually for any change in value. In
the case of a cash contract City such as Tustin, the City will receive the SFF revenue, and will
then pass through the funds to the Fire Authority. The attached Agreement provides the
J;;1 ~~roU9h
Rona~. Nault
Finance Director
Attachment
TUSTIN
ANNEXATION PROPERTY TAX PASS-THROUGH AGREEMENT
THIS AGREEMENT is entered into this 6th day of July, 2004, by and between
the ORANGE COUNTY FIRE AUTHORITY, a Joint Powers Agency (hereinafter called
the "OCFA") and the CITY OF TUSTIN, a municipal corporation and General Law City
in the COUNTY OF ORANGE, (hereinafter referred to as "City").
RECITALS
A.
City is located wholly within the County of Orange.
B. City is legally obligated to provide fire protection services within its
boundaries.
C. OCFA is the successor entity to the Orange County Fire Department and
City has chosen to be a member of and contract with the OCFA for the provision of fire
protection services within City's boundaries.
D. City has completed the annexation of approximately 11.4 acres of
unincorporated County territory, consisting of forty-eight (48) residential parcels,
commonly known as the Bonner Drive County Island Annexation.
E. Within the City's Fire Services and Emergency Medical Services
Agreement with the OCFA, the City has agreed to pass through to the OCFA any
Structural Fire Fund and redevelopment revenues that exist at the time the City
annexes any Structural Fire Fund territory. Such pass-through r~venues shall be
adjusted by any diminution or growth in value of the annexed areas occurring thereafter.
It is the intention of the Parties that City annexations have no adverse financial effect on
the OCFA.
F. By Board of Supervisors resolution, the City shall receive 100% of the
Structural Fire Fund from the annexed area.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the Parties agree as follows:
1. Pass- Throuqh Amount. Beginning July 1, 2004 and continuing until this
Agreement is terminated pursuant to paragraph 3, the City shall pass through to the
OCFA the equivalent of the City's portion of the Structural Fire Fund revenues that
would have been received by the OCFA had the City not annexed the territory. This
pass-through amount shall be calculated annually using the following formula:
Value x Basic Levy x SFF Rate = Pass-through Amount
Value = Net Total Assessed Value of the annexed territory as reported by the
County Assessor for the then current tax roll year.
Basic Levy = 0.01
SFF Rate = The Structural Fire Fund rate for the Tax Rate Area containing the
annexation area in effect the year preceding the annexation (i.e. 0.1138865).
2. Pavment. OCFA will invoice the City twice annually for fifty percent (50%) of
the pass-through amount. The first invoice will be sent on or before December 1 and
the second invoice will be sent on or before April 1 each year. Payment by City will be
due within thirty (30) days of the invoice date.
3. Termination. Unless terminated by one of the following, this Agreement will
remain in full force and effect:
(a) The end of any fiscal year during which both parties agree in writing to
terminate the Agreement.
(b) The City ceases to be a member of the OCFA.
4. Miscellaneous.
(a) This Agreement shall be interpreted in a manner complementary to the
Amended Joint Powers Agreement and to the City's Fire Services and Emergency
Medical Services Agreement, in their current forms or as those Agreements may be
further amended, extended, or replaced from time to time. In the event of any conflict,
the aforementioned Agreements, in their current forms or as those Agreements may be
further amended, extended, or replaced, shall govern.
(b) This Agreement may be amended only in writing by both Parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the day and year first above written.
CITY OF TUSTIN
DATED:
By:
Tony Kawashima, Mayor
ATTEST:
By:
DATED:
Pamela Stoker, City Clerk
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APPROVED AS TO FORM:
Lois E. Jeffrey, City Attorney
Date
ORANGE COUNTY FIRE AUTHORITY
DATED:
By:
Chris Lowe, Chairman
ATTEST:
DATED:
By:
Clerk of the Authority
APPROVED AS TO FORM:
Terry C. Andrus, General Counsel
Date
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