HomeMy WebLinkAboutTC Res 1995-11-01 (3)
h
I
RESOLUTION NO. 3125
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING THE EXCHANGE OF PROPERTY TAX REVENUES TO BE
USED EXCLUSIVELY FOR PUBLIC LIBRARY PURPOSES FROM THE
COUNTY OF MARIN TO THE CITY OF BELVEDERE
AND THE TOWN OF TIBURON
WHEREAS, the County of Marin, City of Belvedere, and Town of Tiburon
(hereafter collectively "parties") have by negotiated agreement agreed to an
exchange of property tax revenues and their future allocation in accordance with the
Agreement which is attached hereto as Exhibit "A" and incorporated by reference
as though fully set forth herein; and
WHEREAS, under the provisions of Section 99 of the California Revenue
and Taxation Code the parties by resolution are to agree to accept the negotiated
exchange of property tax revenue and specify the future allocations of tax
increment; and
L
WHEREAS, the parties pursuant to Exhibit "A" by negotiations have agreed
to transfer the property tax revenues and specify the future allocation of tax
increment; and
NOW, THEREFORE, BE IT RESOLVED that the negotiated exchange of
property tax revenues and future allocation of such revenues set forth in Exhibit
"A" and subject to all of the conditions set forth therein are hereby approved and
adopted pursuant to the following conditions:
1) The Town ofTiburon shall approve and authorize execution of
Exhibit "A" attached to this Resolution; and
2) This City of Belvedere and Town of Tiburon have agreed and shall
adopt similar resolutions approving the exchange of property tax
revenue and allocation of future tax increment.
L
Tiburon Town Council Resolution No. 3125
11/01195
1
c.:...
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council
on November 1, 1995, by the following vote:
,
AYES:
COUNCILMEMBERS:
Ginalski, Nygren, Thompson,
Thayer, Wolf
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
--.,
.~
/ ,/;/ / 16'
LA~DRE\vi~OMPSON '
MAYOR
~
L
(
l,...-
Tiburon Town Council Resolution No. 3125
11/01/95
2
,..
J;,
(
J.-,
~
,^.-...".;,.,.......-.""
~
'--
EXHIBIT "A"
,.
.
AGREEMENT REGARDING BELVEDERE-TIBURON LIBRARY
This is an agreement among the County of Marin, a political
sUbdivision of the state of California ("County"), the Town of
Tiburon, a municipal corporation ("Town"), the City of Belvedere,
a municipal corporation ("city"), and the Belvedere-Tiburon Library
Agency, a joint powers agency created by the Town, and the City
("Agency"), and is based upon the following facts:
(a) Pursuant to Education Code sections 19100 et sea., County
has established a County Free Library System to provide
library services within an area of the County which
includes Town and City.
(b) County presently levies an ad valorem property tax under
Revenue and Taxation Code section 93, subd. (b) and,
under Revenue and Taxation Code Sections 96 et sea.,
allocates a portion thereof for the purpose of operating
the County Free Library System.
(c) On April 12, 1994, the voters of Special Taxing Zone No.
2 of the Marin County Free Library System approved
Measure L which authorized a parcel tax in an amount not
exceeding $36.00 per year for the purpose of providing
library services. Measure L also increased the amount of
the appropriations limit of County, insofar as it
pertains to the Marin county Free Library system, in the
amount of the proceeds of the parcel tax for a period of
".."__o...."",^",,four years. Town and City are both included within the
boundaries of Special Taxing Zone No.2.
1
..
A.
(
,(,
\..
^.._..-...:">............,:.>...._...,,............,,~-(g)
,l
~
(d)
An active library fund raising campaign by the citizens
of Town and City has resulted in pledges and donations of
almost two and one half million dollars in private funds
to improve library services by building, equipping and
operating a, new and enlarged public library in their
communities. A site for a new library has been donated
to the Town by Mr. Edward Zelinsky and his sister, Mrs.
Barbara Abrams. This site has been dedicated by the Town
for the construction of a new library.
Effective July 1, 1995, Town and City entered into a
Joint Powers Agreement pursuant to Government Code
Sections 6500 et sea. The Joint Powers Agreement created
the Belvedere-Tiburon Library Agency for the purpose, in
cooperation with the Peninsula Library Foundation, of
constructing, operating and maintaining a new library to
serve Town and city. The donated funds referred to in
paragraph (d), above, have been received and are
administered by the Peninsula Library Foundation.
Town and City have adopted Resolutions of Intention to
withdraw from the County Free Library System pursuant to
Education Code Section 19104. Education Code Section
19104 provides that upon such withdrawal the property
situated in Town and City shall not be liable to taxes
for County Free Library purposes.
,The withdrawal by Town and city from the County Free
Library system and the creation of the Belvedere-Tiburon
(e)
(f)
2
Library Agency will have the following effects:
(i) A new municipal library to be operated by the
Belvedere-Tiburon Library Agency will be
created by Town and city.
(ii) The allocation of ad valorem property tax
revenue must be adjusted by agreement pursuant
to the provisions of Revenue and Taxation Code
Section 99 so that the property situated in
Town and City shall not, thereafter, be liable
to taxes for County Free Library purposes.
The increased allocations to Town and City
resulting from such adjustments must be used
exclusively for Library purposes.
(iii) That portion of the Measure L parcel tax which
is levied within Town and City may not,
thereafter, be used to support County Free
Library purposes and, therefore, shall be
allocated to Town and City to be used
exclusively for Library purposes.
(iv) The appropriations limits of County, Town and
City must be adjusted pursuant to California
,Constitution Article 13 B, Sec. 3, to reflect
the revisions in allocations of tax revenues.
The County AUditor will reduce the County's
"'..,~..' ..', ", "~..M_"'_'_,'''' ....' _..appropriations limit accordingly for the
1996-97 fiscal year by the amount of ad
".c,
(
~,
~
J..
l.
3
A.
(
)..
\.
~
\....
valorem and special tax revenues transferred.
Town and City will increase their respective
appropriation limits accordingly.
(h) The Belvedere-Tiburon Library Agency, acting pursuant to
Government Code Section 53311 et sea., has estab1ished a
Mello-Roos Community Facilities District, the boundaries
of which are coterminous with those of Town and city.
The Community Facilities District has been established to
authorize the construction, operation and maintenance of
a public library within Town and City. At the regular
election to be conducted on November 7, 1995, a ballot
measure will be submitted to the voters of the Community
Facilities District which, if approved, would authorize
the Belvedere-Tiburon Library Agency to levy and collect
a special parcel tax not to exceed $66.00 per year for
each parcel, reduced each year, beginning in 1996, by the
amount of Measure L special tax levied within the
Community Facilities District.
(i) The Belvedere-Tiburon Library Agency intends to operate
its municipal library in cooperation with the Marin
County Free Library System and other pUblic libraries.
(j) The Municipal Library to be operated by the
Belvedere-Tiburon Library Agency will be made available
for use by all residents of Marin County on the same
,.__,~__terms as",it is available to residents of Town and City.
NOW, THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS:
4
A
(
;:.
\..
"';-'-'.~': .
~
"-.
1. Effective July 1, 1996, and continuing each fiscal year
thereafter, the Marin County auditor shall adjust the
allocation of property tax revenue, determined pursuant to
Revenue and Taxation Code section 96 et sea., so that there is
included in the allocations to Town and City a percentage of
the total ad valorem property tax levied on and collected from
property within Town and City which is equal to the percentage
of such tax allocated to the County Free Library System from
'areas which are liable to taxation for the County Free Library
System. Town and city shall promptly transfer to Belvedere-
Tiburon Library Agency, to be used exclusively for library
purposes, the amount of the allocations received by them as
the result of such adjustment.
2. Except as otherwise required by the Mello-Roos Community
Facilities District Special Tax Measure, if voter approved,
County agrees that the special parcel tax authorized by
Measure L to be levied within Special Taxing Zone No. 2 shall
continue to be levied by County within Town and City only
during such period of time as the Belvedere-Tiburon Library
Agency does not, with voter authorization, levy and collect
the Me110-Roos Community Facilities District special parcel
tax hereinabove referred to, and only during such time as the
appropriations limits of Town and City permit. County agrees
that during such time as it continues to levy the Measure L
." special parcel tax within Town and City, the proceeds of such
levy shall be paid to Town and City and by them transferred to
and used by Agency solely for library services. Agency agrees
that the Mello-Roos Community Facilities District Special
5
A
(
,,i.
\.
l
'--
Parcel Tax levied by it shall be reduced each year beginning
in 1996, by the amount of Measure L special tax levied within
the Community Facilities District. The parties hereto believe
that such transfer of all revenues and appropriation limits
are legally authorized and that the County is legally excused
from levying and collecting the special tax authorized under
Measure L within the Town and city for the reasons provided
hereinabove which include: (1.) That period of time the
Belvedere-Tiburon Library Agency has voter authorization to
levy and collect the Mello-Roos Community Facilities District
Taxes up to an annual amount of $66.00 per parcel under the
conditions enumerated in this Agreement, and, (2.) beginning
fiscal year 1998-99 and during such time as the appropriations
limits of Town and City permit the imposition of the Measure
L Special Tax. Notwithstanding the above, the Town and City
agree to defend, at their own cost, and indemnify County, its
officers, agents and employees and hold them harmless from any
claims, actions, suits, fees, costs and expenses which may be
incurred as the result of any challenge to the legality of any
such transfer of revenues and appropriations limits to them,
or the excusal of County from levying and collecting a special
tax under Measure L. County agrees to cooperate in the
defense of any such action or suit which may be brought to
challenge the validity of such transfer of such revenues and
,_ ,......,.,.llppropriations limits or the excusal of County from levying
and collecting a special tax under Measure L.
6
j(
~
J
\.
'~.' ,.. ....
,L
'-
3. Acting pursuant to California Constitution Article 13 B, Sec.
3, the parties agree that effective July 1, 1996, the
appropriations limit for Town and City shall be increased in
accordance with the adjusted allocation of ad valorem property
tax revenue made in accordance with paragraph 1 hereof. The
parties further agree that for the 1996-97 and 1997-98 fiscal
years the appropriations limit of Town and City shall be
increased in the amount of the proceeds of the Measure L
special parcel tax transferred to them pursuant to paragraph
2 hereof.
4. The parties hereto agree to negotiate in good faith to resolve
all other issues that may arise in connection with the
transition from the County Library system to a municipal
library, including without limitation, issues relating to
lease obligations, cooperative services, inter-library loans,
contracts for processing, purchasing and other services,
personnel issues and issues relating to transfer of library
collection, computers and computing systems and other
equipment, all of which are now owned by County.
5. The Municipal Library to be operated by the Belvedere-Tiburon
Library Agency will be made available for use by all residents
of Marin County on the same terms as it is available to
residents of Town and city.
IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE
DATE SET FORTH IN THE FIRST PARAGRAPH HEREOF.
7