HomeMy WebLinkAboutAgreement A-21-315 with City of Fresno Standalone Tax-Sharing.pdf-1-
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STANDALONE TAX SHARING AGREEMENT BETWEEN THE CITY OF FRESNO AND THE COUNTY OF FRESNO REGARDING DAKOTA HAYES NO. 4 REORGANIZATION (FANUCCHI ANNEXATION)
THIS STANDALONE TAX SHARING AGREEMENT BETWEEN THE CITY OF FRESNO
AND THE COUNTY OF FRESNO REGARDING DAKOTA HAYES NO. 4 REORGANIZATION
(FANUCCHI ANNEXATION) (AGREEMENT) is made and entered into on this______ day of
_________, 2021, by and between the CITY OF FRESNO, a municipal corporation of the State
of California (CITY) and the COUNTY of FRESNO, a political subdivision of the State of
California (COUNTY).
RECITALS
A.Revenue and Taxation Code Section 99 requires that CITY and COUNTY enter into a
property tax sharing agreement prior to annexation approval of unincorporated COUNTY
territory into CITY’s jurisdictional limits by the Fresno Local Area Formation Commission’s
(LAFCo).
B.CITY and COUNTY were previously parties to that certain Amended and Restated
Memorandum of Understanding, dated January 6, 2003 (the 2003 MOU), a master tax
sharing agreement sanctioned by Revenue and Taxation Code Section 99(d).
C.The 2003 MOU expired on August 29, 2020.
D.On September 17, 2020, by Resolution No. 2020-235, CITY authorized submission of an
annexation application to LAFCo for the area covered by CITY Annexation Application
No. P19-02239, which area is more particularly set forth in Exhibit A attached hereto and
incorporated herein by this reference (the FANUCCHI ANNEXATION), “[s]ubject to
approval of a Revenue and Taxation Code Section 99 tax sharing agreement between
the City of Fresno and County of Fresno evidencing revenue neutrality to the City of
Fresno as required by Fresno Municipal Code Section 15-6104 (C).”
E.In the absence of a master tax sharing agreement the City and County now desire to
enter into a standalone tax sharing agreement, using the real property tax apportionment
formula provided by the 2003 MOU, but only for real property in the FANUCCHI
Agreement No. 21-315
10th
August
21-0719
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ANNEXATION, pursuant to Revenue and Taxation Code Section 99(b)(6), under the
mutually agreed upon terms set forth herein.
F.The development of the real property identified in the FANUCCHI ANNEXATION would
best be served by being annexed to CITY. CITY and COUNTY further share a mutual
interest in (1) the annexation of additional territory identified in Exhibit B, attached hereto
and incorporated herein by this reference, and (2) the acquisition by CITY of the rights-
of-way identified in Exhibit C, attached hereto and incorporated herein by this reference,
as this annexation of additional territory by CITY and acquisition of the rights-of-way by
CITY would serve the public interest by minimizing creation of peninsulas, corridors, and
other distortions of boundaries. At COUNTY’s request, CITY has agreed to include a plan
to accomplish the aforementioned as part of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties, it is
mutually agreed as follows:
1.Definitions.
a.Base Property Tax Revenue means Property Tax Revenue allocated by tax rate
equivalents to all taxing jurisdictions as to the geographic area comprising a given
tax rate area annexed in the fiscal year immediately preceding the tax year in which
property tax revenues are apportioned pursuant to this Agreement, including the
amount of State reimbursement for the homeowners' exemption.
b.Property Tax Increment means revenue from the annual tax increment, as
"annual tax increment" is defined in Section 98 of the Revenue and Taxation Code,
attributable to the tax rate area for the respective fiscal year.
c.Substantially Developed means real property which, prior to annexation, has an
improvement value to land value ratio equal to or greater than 1.25:1, as
determined by the Fresno County Assessor's records, as of the property tax lien
date in the fiscal year in which the annexation becomes effective under the
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Cortese-Knox Local Government Reorganization Act, and on and after January 1,
2001, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
d.Property Tax Revenue means Base Property Tax Revenue, plus the Property
Tax Increment for a given tax rate area in a given fiscal year.
e.Bypassed Territory means that territory in Fresno County, California shown in
Exhibit B.
2.Property Tax Revenues.
a.General. The Property Tax Revenue collected in relation to the annexation of the
real property in the geographical area covered by the FANUCCHI ANNEXATION
shall be apportioned between CITY and COUNTY as set forth in sections 2.b. and
2.c. below. The parties acknowledge that, pursuant to Sections 54902, 54902.1,
and 54903 of the Government Code and Sections 97 and 99 of the Revenue and
Taxation Code, the distribution of such Property Tax Revenues will not be effective
until the revenues are collected in the fiscal year following the calendar year in
which the related statement of boundary changes and the related map or plat is
filed with the County Assessor and the State Board of Equalization.
b.Property Not Substantially Developed. Regarding real property in the
FANUCCHI ANNEXATION, which is not considered Substantially Developed at
the time of annexation, COUNTY will retain all of its Base Property Tax Revenue
upon the annexation of such geographical area to the CITY. The amount of the
Property Tax Increment allocated to special districts whose services are assumed
by CITY shall be combined with the Property Tax Increment allocated to COUNTY,
the sum of which shall be allocated between CITY and COUNTY pursuant to the
following ratio:
COUNTY: 62%
CITY: 38%
c.Substantially Developed Property. Regarding the real property in the
FANUCCHI ANNEXATION, which is considered Substantially Developed at the
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time of annexation, Property Tax Revenue (base plus increment) will be
reallocated as follows: a detaching or dissolving district's Property Tax Revenue
(base plus increment) shall be combined with COUNTY's and the sum shall be
allocated between CITY and COUNTY pursuant to the ratio set forth in section 2.b.
above.
3.Effective Date. The Agreement shall not become effective until both (1) execution by
both parties hereto and (2) fulfillment of the condition precedent set forth herein.
a.Condition Precedent. It shall be a condition precedent of this Agreement that the
Developer of the initial FANUCCHI ANNEXATION amends the conditions of approval
of Vesting Tentative Tract Map No. 6234 (part of Annexation Application No. P19-
02239) to require Developer to make up for revenue shortfalls addressed in City of
Fresno Resolution No. 2020-235, through an appropriate mechanism.
4.Additional Covenants. Not as conditions to the validity or enforceability of other
provisions of this Agreement, CITY and COUNTY agree as follows:
a.Acquisition of Rights-of-Way. Within a reasonable time prior to the recordation
of the FANUCCHI ANNEXATION, CITY shall accept conveyances from COUNTY
for, or otherwise acquire, all road rights-of-way along W. Ashlan Avenue, N. Bryan
Avenue, and N. Hayes Avenue as identified in Exhibit C. In regard to any
portion(s) of road rights-of-way along W. Ashlan Avenue shown in Exhibit C, for
which the COUNTY does not have marketable record title as of the Effective Date,
CITY shall be responsible to acquire (by purchase, eminent domain, or otherwise)
said portion(s) of road rights-of-way. Upon the acceptance or acquisition by CITY
of the road rights-of-way identified in Exhibit C, pursuant to this section 4.a., those
rights-of-way shall become CITY streets and the sole responsibility of CITY. As an
alternative to the acceptance by CITY of conveyances from COUNTY for or other
acquisition of all road rights-of-way shown in Exhibit C under this section 4.a.,
CITY may annex the territory comprising all road rights-of-way shown in Exhibit
C.CITY will not object to and shall support the imposition by LAFCo of a condition
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of the FANUCCHI ANNEXATION requiring, prior to the recordation of the
FANUCCHI ANNEXATION, the acceptance by CITY of conveyances from
COUNTY for or other acquisition of all road rights-of-way shown in Exhibit C.
b.Annexation of Bypassed Territory. Within eighteen (18) months following the
issuance by LAFCo of a certificate of completion pursuant to Section 57203 of the
Government Code with respect to the FANUCCHI ANNEXATION , CITY agrees to
submit a complete application to LAFCo for annexation of the Bypassed Territory
to CITY, including providing any additional information or materials as may be
required by LAFCo to make such application complete. CITY’s submission of a
complete application to LAFCo shall fully satisfy CITY’s obligation under this
Section 4.b. In addition to its statutory obligations, including without limitation
prezoning the Bypassed Territory in anticipation of its annexation to CITY, CITY
agrees to provide written notice at least ten (10) days in advance of each public
outreach meeting, addressed below, to all residents and property owners within
the Bypassed Territory of the proposed annexation to CITY of the Bypassed
Territory and hold at least two public outreach meeting with said residents and
property owners, prior to the filing of any application with LAFCo with respect to
the annexation to CITY of the Bypassed Territory. CITY shall pay all required fees
and costs for annexation to CITY of the Bypassed Territory. COUNTY shall not
object to any effort by the CITY to request that LAFCo to waive any fees on the
basis that the annexation to CITY of the Bypassed Territory is in the public's
interest. Any standalone tax-sharing agreement entered into by the parties hereto
relating to the annexation of the Bypassed Territory shall be on the same terms
and conditions, excepting this section 4, as this Agreement.
c.Enforcement. COUNTY may enforce the covenants in section 4, inclusive of
sections 4.a. and 4.b., by any legal means, provided however that, once LAFCo
issues a certificate of completion pursuant to Section 57203 of the Government
Code with respect to the FANUCCHI ANNEXATION, this section 4 does not
WEST ASHLAN AVENUE
WEST SHIELDS AVENUE
WEST DAKOTA AVENUE
NORTH HAYES AVENUENORTH BRYAN AVENUEDESCRIPTION:
PROJECT NAME:
1
FIGURE
ANNEXATION TO
THE CITY OF FRESNO
TRACT 6234
DAKOTA & HAYES
18-0078/9/2021
P:\CIVIL 3D PROJECTS\2018\18-007\SURVEY AND MAPPING\SURVEY EXHIBITS\18-007 ANNEXATION EXHIBIT.DWG 8/9/2021 5:10:48 PMEXHIBIT
0 900'450'
SCALE 1" = 900'
EXHIBIT A - PROPOSED ANNEXATION BOUNDARY
ASHLAN
DAKOTA
SWIFT
SUSSEX
HAMPTON
FLINT
LANSING
FARRIN
PONTIAC
DAYTON
ROBINSON
GR IFFITH
FLINT
WILLIS
Department of Public Works and Planning: Development Sevices Division
µ
0 390 780 1,170 1,560195
Feet
Map Prepared by: GS
G:\4360Devs&Pln\GIS\
Maps\Specific\
DAKOTA-HAYES NO.4 REORGANIZATION
AND BY-PASSED TERRITORY
Legend
By-Passed Territory
Dakota-Hayes No. 4 Reorg.
City of Fresno Sphere of Influence
CITY
OF
FRESNO
EXHIBIT B
ASHLAN
DAKOTA
SWIFT
SUSSEX
HAMPTON
FLINT
LANSING
FARRIN
PONTIAC
DAYTON
ROBINSON
GR IFFITH
FLINT
WILLIS
Department of Public Works and Planning: Development Sevices Division
µ
0 390 780 1,170 1,560195
Feet
Map Prepared by: GS
G:\4360Devs&Pln\GIS\
Maps\Specific\
RIGHTS-OF-WAY TO BE ACCEPTED
OR ACQUIRED BY CITY OF FRESNO
Legend
Right-of-Way to be Accpeted or Acquired by City of Fresno
Dakota-Hayes No. 4 Reorg.
City of Fresno Sphere of Influence
CITY
OF
FRESNO
Right-of-Way to be
Accepted or Acquired
by City of Fresno
EXHIBIT C