HomeMy WebLinkAbout87-267WHEREAS, COUNTY OF BUTTE, CITY OF CHICO, CHICO
REDEVELOPMENT AGENCY and BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT
have disputed the division of (1} property tax revenues, (2} tax
increment revenues and {3} sales and use tax revenues derived
from properties located in the Chico Urban Area which are being
annexed to CITY; and
WHEREAS, on June 6, 1978, the voters of the State of
California amended the California Constitution by adding Article
XIIIA thereto which limited the total amount of property taxes
which could be levied on property by local taxing agencies having
such property within their territorial jurisdiction to one
percent {1~0) of full cash value; and
WHEREAS, following such constitutional amendment, the
California Legislature added Section 99 to the California Revenue
and Taxation Cade which requires a city seeking to annex property
to its incorporated territory and a county affected by such
annexation to agree upon an exchange of property taxes which are
derived from such property and available to a county and city
following annexation of the property to the incorporated
territory of the city; and
WHEREAS, in January 1980, COUNTY and CITY, in
contemplation of the annexation of property located in the
unincorporated territory of COUNTY to the incorporated territory
of CITY, and in accordance with the provisions of Section 99(d}
of the California Revenue and Taxation Code, entered into an
agreement entitled "Agreement Between Butte County and its Cities
Regarding the Negotiated Exchange of Property Tax Revenues
Relating to Jurisdictional Changes (in Accordance with Revenue
282 Statutes of
those annexations which would also materially affect the
non-property tax revenues received by COUNTY said Agreement as
amended is hereinafter referred to as the "].980 Property Tax
Agreement"); and
WHEREAS, on or about April 1, 1982, CITY made a request
to COUNTY to renegotiate the property tax exchange rate between
COUNTY and CITY provided for by the 1980 Property Tax Agreement
in accordance with Section 3 of the agreement; and
WHEREAS, CITY has initiated proceedings before the
Butte County Local Agency Formation Commission to annex certain
properties known as the Pillsbury Road Annexation District No. 4
(#86-22 - City of Chico} and Esplanade Annexation District No. 18
{#87-20 -- City of Chico); and
WHEREAS, COUNTY has brought suit protesting the
adequacy of the environmental review of the annexations,
Sacramento Superior Court Case No. 340790 and Third District
Court of Appeals No. 3 Civil 0001976; and
WHEREAS, a redevelopment project area has been formed
by AGENCY and CITY known as the "Central Chico Redevelopment
Project Area: as adopted on July 16, 1985, pursuant to City
Ordinance; and
WHEREAS, COUNTY and DISTRICT have brought suit seeking
to invalidate the formation of the Central Chico Redevelopment
Project Area, Sacramento Superior Court Case No. 336290 and Third
District Court of Appeals No. 3 Civil C002562; and
WHEREAS, COUNTY, CITY, DISTRICT and AGENCY naw desire
to resolve the foregoing controversies and set forth mutual
understandings which will encourage a cooperative approach to the
future annexation of property in the Chico Urban Area to the
incorporated territory of CITY, the validation of the Central
Chico Redevelopment Project Area; and
WHEREAS, in entering into these agreements, COUNTY and
CITY have recognized their mutual need far efficient and
jurisdictions; and
WHEREAS, in entering into these agreements, it is the
intent of COUNTY, to establish a policy which permits all to
benefit from economic growth occurring within the Chico Urban
Area; and
WHEREAS, pursuant to Revenue and Taxation Code Section
99.4, the CITY and COUNTY further agree to a transfer or exchange
of property tax revenues in addition to the division allowed
under Revenue and Taxation Code Section 99.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Board of Supervisors hereby approves of and
authorizes its chairman and County Counsel to execute the
following documents on behalf of the County attached to this
Resolution and presented to the Board with this Resolution:
a. Amended Master Property Tax Transfer Agreement
(County of Butte/City of Chico)
b. Municipal Affairs Agreement
(County of Butte/City of Chico/Chico Redevelopment
Agency/Butte County Mosquito Abatement District
c. Local Agency Reimbursement Agreement
(County of Butte/Chico Redevelopment Agency)
2. COUNTY hereby adopts the Ordinance attached hereto
as Exhibit A. The effect of this Ordinance is to adopt a County
sales and use tax rate after the City Ordinance is adopted so
that if the City attempts to increase its rate, City Ordinance
will be invalid by operation of law under Revenue and Taxation
Code Section 7202(a){5}.
3. COUNTY hereby notifies County Auditor of the
approved exchanges and instructs him to make the necessary
adjustments pursuant to Revenue and Taxation Code Section 99 and,
if necessary, 99.4.
following vote:
AYES; Supervisors Fulton, McIntUrf, Vercruse and Chair Dolan
NOES : Supervisor McLaughl i n
ABSENT : NON F
NOT VOTING: NONF ~ ~ n
A~1-4~ ULAN, ~n~.ir o~ ~cne
utte County Board o~ Supervisors
ATTEST:
MARTIN J. NICAOLS, Chief Admi istrat ve
Officer and erk of the Board
By
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MUNICIPAL AFFAIRS AGREEMENT
(COUN`T`Y OF BUTTE/BUTTE COUNTY MOSQUITO ABA'1'F.MF.NT DTSTRTCT/
CITY OF CHICO/CHICO REDEVELOPMENT AGENCY)
THIS AGREEMENT, is made and executed in quadruplicate this
4th day of November, 1987, by and among the County of Butte, a
political, subdivision of the State of California (hereinafter
referred to as "County"), the Butte County Mosquito Abatement
District, a special. district organized and existing under and by
virtue of the laws of the State of California (hereinafter
referred to as "District"?, the City of Chico, a municipal
corporation of the State of California (hereinafter referred to
as "City"), and the Chico Redevelopment Agency, a redevelopment
agency organized and existing under and by virtue of the laws of
the State of California (hereinafter referred to as "Agency").
W T T N E S S E T H•
WHEREAS, during the past few years, County and District, on
the one hand, and City and Agency, on the other, have found
themselves embroiled in a continuing dispute over the appropriate
division of tax revenues derived from properties located in the
Chico Urban Area which are being annexed to the incorporated
territory of City, the Chico Urban Area being defined for purpos-
es of this Agreement as the Chico Sphere of Influence as now or
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hereafter adapted by the Butte County Local Agency Formation
Commission, as well as tax increment revenues derived from
properties which are located in redevelopment project areas
formed by City and Agency within the incorporated territory of
City; and
WHEREAS, the focus of this ongoing controversy is the tax
revenues which are and will be derived from properties within the
proposed annexation district designated by the Butte County Local
Agency Formation Commission as Pillsbury Raad Annexation District
No. 4 (#86-22 - City of Chico), as well as the tax increment
revenues to be derived from the properties within the redevel-
opment project area formed by Agency and City known as the
"Central Chico Redevelopment Project Area"; and
WHEREAS, by this Agreement, County, District, City, and
Agency desire to resolve the foregoing controversy and establish
policies which insure that County and District continue to
receive a portion of the tax revenues which otherwise would have
been lost to them by reason of the annexation of properties
located in the unincorporated portion of the Chico Urban Area to
the incorporated territory of City, including but not limited to
those properties within Pillsbury Road Annexation District No. 4,
and/or the formation by Agency of the Central Chico Redevelopment
Project Area; and
WHEREAS, by this Agreement, County, District, City, and
Agency also desire to set forth mutual understandings which will
permit a cooperative approach to the future annexation of proper-
ties in the unincorporated portion of the Chico Urban Area to the
incorporated territory of City and the formation of additional
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redevelopment pro3ect areas by Agency within the Chico Urban
Area, as well as the cast effective provision of municipal
service to property owners and residents within both the incorpo-
rated and unincorporated portions of the Chico Urban Area; and
WHEREAS, in entering into this Agreement and authorizing the
exchange of City property tax revenues provided for herein
pursuant to the provisions of Section 99.4 of the California
Revenue and Taxation Code, City has determined, as required by
Section 99.4(f) of the California Revenue and Taxation Code, that
such property tax revenues are available far such purpose, that
such exchange will not result in any increase in the ratio
between the amount of revenues of City which are generated by
regulatory licenses, use charges, user fees, or assessments and
used to finance services provided by City, that such exchange
will not impair the ability of City to provide existing services,
and that such exchange will not result in a reduction of property
tax revenues available to school entities; and
WHEREAS, in entering into this Agreement and authorizing the
payments from City's general fund provided for herein, City has
also determined that such payments are necessary in order to
avoid reductions in the level of services which are provided by
County both in the incorporated and unincorporated territory of
'I County and therefore of particular benefit to City residents and
(property owners; and
WHEREAS, in entering into this Agreement and authorizing the
payments of Agency tax increment revenues provided for herein
pursuant to Section 334D1 of the California Health and Safety
Code, Agency has determined, as required by Section 334D1 of the
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California Health and Safety Code, that such payments are neces-
sary and appropriate to alleviate any financial burden caused to
County or District by the formation of the Central Chico Redevel-
~opment Project Area.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE I
AGREEMLN`rS OF COUNTY AND CITY IN REGARD TO SALES AND USE TAXES,
PROPERTY TAXES, AND SERVICES PROVIDED WITHIN THE CHICO URBAN AREA
1.01 Ad~iustments to Local Sales and Use Tax Rates to be Made
Under the Bradle Burns Uniform Local Sales and Use Tax Law
Exchange of Property Tax Revenues to be Made Under Section
99.4 of the California Revenue and Taxation Code or Pa -
ments to be Made From Cit 's General Fund.
(a) Pursuant to the Bradley Burns Uniform Local Sales
and Use Tax Law, Part 1.5, Division 2, of the Califor-
nia Revenue and Taxation Code {commencing with Section
72ao) County and City have amended the local sales and
use tax ordinances adopted by them as follows:
(i) County has amended its local sales and use tax
ordinance in a manner which will establish a local
sales and use tax rate of one and one-quarter
percent {140) within all of the incorporated and
unincorporated territory of the County, effective
January 1, 1988, and in a manner which will
provide for a credit against the payment of taxes
due under such ordinance in an amount equal to any
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sales and use tax due any city within County under
such city's local sales and use tax ordinance, a
copy of such County ordinance being attached
hereto marked Exhibit "A" and by this reference
incorporated herein.
(ii) City has amended its local sales and use tax
ordinance in a manner which will establish a local
sales and use tax rate of ninety-five hundredths
percent (.950) within the incarporated territory
of City, effective January 1, 19$8, and in a
manner which will provide for a credit against the
payment of such taxes due under such ordinance in
an amount equal to any sales and use tax due to
Agency under any local sales and use tax ordinance
hereafter adopted by Agency, a copy of such City
ordinance being attached hereto marked Exhibit "B"
and by this reference incarporated herein.
(b) County and City agree that if either or both
of the amended local sales and use tax ordinances
referred to in Subpart {a) of this Section are declared
invalid or inoperative by a court of competent juris-
diction or if the County is deprived of funds which
would have been due County thereunder by reason of the
further amendment of City's local sales and use tax
ordinance or the repeal thereof, then County and City,
in accordance with the provisions of Section 99.4 of
the California Revenue and Taxation Code, shall make an
28~~ exchange of property tax revenues received by City from
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properties within or annexed to the incorporated
territory of City prior to January 1, 1978, which is
equal to all of the local sales and use tax revenues
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lost by County by reason thereof, such exchange of
property tax revenues to be made in the manner and in
accordance with the schedule mutually agreed upon by
the Chief Administrative Officer of County and the City
Manager of City.
(c) County and City further agree that if either or
both of the amended local sales and use tax ordinances
referred to in Subpart (a) of this Section, as well as
the exchange of property tax revenues referred to in
Subpart (b) of this Section, are declared invalid or
inoperative by a court of competent jurisdiction, then
City shall pay to County, out of City's general funds,
a sum equal to the sales and use tax revenues lost by
County by reason thereof. Such payments shall also be
made in the manner and in accordance with the schedule
mutually agreed upon by the Chief Administrative
Officer of County and the City Manager of City;
provided that until the Chief Administrative Officer of
County and the City Manager of City have agreed on such
matters, the County Auditor shall be entitled to
impound a portion of the City's share of the property
tax revenues which are being exchanged by County and
City pursuant to the provisions of Section 99 of the
California Revenue and Taxation Code in the manner
hereinafter provided for in Section 1.42 of this
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Article and which are equal in amount to any sales tax
revenues actually lost by County by reason of the
invalidity or the inoperativeness of the amended local
sales and use tax ordinances referred to in Subpart (a)
of this Section or by reason of the further amendment
of the City's local sales and use tax ordinance or
repeal thereof.
1.02 Exchange of Property Tax Revenues to be Made Under Section
99 of the California Revenue and Taxation Code.
(a) Pursuant to the provisions of Section 99 of the
California Revenue and Taxation Code, County and City
agree that effective on the date of this Agreement, all
property tax revenues available to County and City from
properties annexed to the incorporated territory of
City between January 1, 1978, and December 31, 1986, as
set forth in Exhibit "C" attached hereto and by this
reference incorporated herein, as well. as all. property
tax revenues available to County and City from proper-
ties annexed to the incorporated territory of City
subsequent to January 1, 1987, shall be divided between
County and City as follows:
County Share - 550
City Share -- 45%
(b) County and City also agree that between the date
of this Agreement and the end of the first fiscal year
in which five percent (50) of the "total sales and use
tax revenues received by both County and City" (as
hereinafter defined in this Subpart [b}) during such
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year from ail properties within the incorporated
territory of City is equal to or greater than one-half
of the total sales and use tax revenues received by
both County and City during such year from property
within Pillsbury Road Annexation District No. 4, County
wi11 be entitled to the following additional portion of
property tax revenues available to County and City from
properties annexed to the incorporated territory of
City between January 1, 1978, and December 31, 1986, as
we11 as all properties annexed to the incorporated
territory of City subsequent to January 1, 1987, the
same to be deducted from and paid over to County from
City's forty-five percent (450) share of such property
taxes hereinbefore provided for in Subpart (a) of this
Section:
(i} Effective on January 1, 1988, and continuing
thereafter until June 30, 1988, County shall be
entitled to an additional portion of such property
tax revenues equal to:
(A) One hundred percent (100%) of the total sales
and use tax revenues received by both County
and City between January 1, 1988, and June
30, 1988, from all properties within
Pillsbury Road Annexation District No. 4;
minus
(B ) Five percent ( 5 0 ) of the total sales and use
tax revenues received by both County and City
between January 1, 1988, and June 30, 1988,
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from all properties within the incorporated
territory of City.
(ii) Effective July 1, 1988, and continuing each year
thereafter until the end of the first fiscal year
in which five percent { 5 0 ) of the total sales and
use tax revenues received by both County and City
during such year from all properties within the
incorporated territory of City is equal to or
greater than one-half of the total sales and use
tax revenues received by both County and City from
all properties within Pillsbury Road Annexation
District No. 4, County shall be entitled to an
additional portion of such property tax revenues
equal to:
(A) One-half of the total sales and use tax
revenues received by both County and City
during the year from ali properties within
Pillsbury Road Annexation District No. 4;
minus
(B) Five percent (5 a) of the total sales and use
tax revenues received by both County and City
during the year from all properties within
the incorporated territory of City.
For purposes of this Subpart (b), the term "total sales
and use tax revenues received by bath County and City"
shall mean all sales and use tax revenues which have
been received by the State Board of Equalization from
the local sales and use taxes levied by County and City
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within the incorporated territory of City pursuant to
the provisions of the Bradley Burns Uniform Local Sales
and Use Tax Law in effect on the date of this Agreement
and which actually have been distributed by the State
Board of Equalisation to County and City, save and
except for any portion of such local sales and use
taxes levied by County in order to fulfill its obliga-
tions under the provisions of Article 11, Chapter 2,
Division 3, Titie 3, of the California Government Code
in effect on the date of this Agreement (commencing
with Section 29530) relating to the local transporta-
tion fund. Moreover, for purposes of this Agreement,
the term "fiscal. year" shall mean any year commencing
on July 1st and ending on June 30th.
(c) County and City further agree that all of the
exchanges of property taxes required by this Section
shall be made by the County Auditor. In carrying out
the provisions of Subpart (b) of this Section the
County Auditor shall make the exchanges required
therein from that part of City's share of the property
taxes referred to therein which is paid by the County
Auditor to City subsequent to April 10 of the fiscal
year or portion thereof far which such exchange is
being made. Moreover, in carrying out the provisions
of Subpart (b) of this Section, the County Auditor
shall determine the amount of exchange required therein
from the total estimated sales and use taxes which will
be received by both County and City from all properties
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within the incorporated territory of City as well as
all properties within Pillsbury Raad Annexation Dis-
trict No. ~ for the fiscal year or any portion thereof
in which such exchange is being made, as agreed upon by
the County Auditor and the City Finance Officer, or if
they are unable to agree, as determined by an indepen-
dent consultant selected by the Chief Administrative
Officer of County and the City Manager of City, all
costs of which wi11 be equally shared by County and
City; provided, however, that as soon as possible
following the end of each such fiscal year, the County
Auditor, after consulting with the City Finance
Officer, shall reconcile the estimated amount of such
sales and use taxes with the actual amount of such
sales and use taxes and make any adjustments in the
deductions and payments required by Subpart {b) of this
Section which are necessary to account therefor, shall
provide a report of such reconciliation and adjustments
to the City Finance Officer, and shall either remit to
or bill City for any amounts required by such
reconciliation and adjustment; and provided further,
that if the County Auditor, after undertaking such
reconciliation and making such adjustment, bills City
far any amounts required by the reconciliation and
adjustment, then City shall pay to County the amount
set forth in such bill within 45 days of receipt of
same.
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Concurrently with the execution of this Agreement
County and City will also execute an "Amended Master
Property Tax Transfer Agreement" in accordance with the
provisions of Section 99(d) of the California Revenue
and Taxation Code, which Amended Master Property Tax
Transfer Agreement shall implement the provisions of
this Section and be in all respects consistent with any
other applicable terms or conditions of this Agreement.
1.03 Services.
(a) Tt is the intent of County and City that in the
future City will assume responsibility, to provide the
following services to the unincorporated portion of the
Chieo Urban Area, subject to negotiation of a detailed
agreement between County and City relating to the level
of such services, the reimbursement of costs incurred
by City in providing such services, the obligation of
the owners of property benefited by such services to
annex such property to the incorporated territory of
City, and any other matter of concern to either County
or City:
(i) Animal Control
(ii} Parks
(iii) Planning and Building Inspection
(iv) Law Enforcement
(v) Sanitary Sewers
(vi) Storm Drainage
(vii} Street Lighting
(viii} Street Maintenance
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{ix) Street Trees
(X} Public Transportation
(b ) County and City also agree to meet and confer no
later than January 1, 1988, in order to explore the
feasibility of an agreement between County and City in
the fallowing matters relating to the fire suppression
services provided by County and City within both the
incorporated and unincorporated portions of the Chico
Urban Area:
(i) Automatic Aid
{ii) Location of Fire Stations
(iii} Any other matters relating to fire suppres-
sion services determined to be of mutual
interest to both County and City.
(c) County and City further agree that City shall make
space available to County at the Chico Municipal
Services Center for the parking and storage of the
County's vehicles and equipment at no cost to County;
provided, however, that the amount and location of the
space to be made available and the type of County
vehicles or equipment to be stored in such space shall
be subject to further negotiations by County and City;
and provided further that if Caunty requests City to
maintain or provide other services related to County
vehicles and equipment stared at the Chico Municipal
Services Center, then County shall reimburse City for
all costs incurred by City in providing such services.
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11,04 Future Annexations.
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(a) County and City agree that except as otherwise
provided. in this Section, this Agreement and the
division of tax revenues provided for herein fully
mitigates all adverse economic effects now or hereafter
caused to County as a result of the annexation of
residential, commercial or any other properties within
the unincorporated portion of the Chico Urban Area to
the incorporated territory of City, including but not
limited to the proposed annexations of properties
within Pillsbury Road Annexation District No. 4 and
Esplanade Annexation District No. 18, and by reason
thereof, County wall not oppose on economic grounds any
petitions or applications now or hereafter filed to
annex properties within the unincorporated portion of
the Chico Urban Area to the incorporated territory of
City, including but not limited to the pending applica-
tions relating to Pillsbury Road Annexation District
No. 4 and Esplanade Annexation District No. 18.
(b} County and City agree, however, that this Agree-
ment is not intended to address the economic effects of
any particular annexation application or petition which
proposes the annexation of a substantial part of the
unincorporated portion of the Chico Urban Area to the
incorporated territory of City, and that by reason
thereof, neither County nor City sha11 be precluded by
the terms of this Agreement from opposing such annexa-
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tion on economic grounds or any other grounds whatsoev-
er.
For purposes of this Section, the term "substan-
tial part of the unincorporated territory of the Chico
Urban Area" shall mean any part of the unincorporated
portion of the Chico Urban Area containing ten percent
(10%) or more of the total population of both the
unincorporated and incorporated portions of the Chico
Urban Area, the same to be determined on the basis of
the population per household for the City of Chico as
established by the State Department of Finance, and the
number of households within the Chico Urban Area and
the area proposed to be annexed as jointly agreed upon
by the County and City Planning Directors, or, in the
event the County and City Planning Directors are unable
to agree, by an independent consultant selected by the
Chief Administrative Officer of County and the City
Manager of City, all costs of which shall be equally
shared by County and City.
x..05 Pending Litigation.
County and City agree that the provisions of this
Agreement shall settle the ongoing dispute between County
and City aver the annexation of properties within Pillsbury
Road Annexation District No. 4, and that by reason thereof,
County will. promptly dismiss with prejudice that certain
action on file in Sacramento County Superior Court entitled
County of Butte v. City of__Chico, the same being designated
Sacramento County Superior Court Action No. 340790, as well
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as the appeal to the Third District Court of Appeals from
the trial court's decision in said action, the same being
designated as Third District Court of Appeals Action No. 3
Civil 0001376.
ARTICLE II
AGREEMENTS OF COUNTY, DISTRICT, CITY, AND AGENCY
IN REGARD TO REDEVELOPMENT PROJECT AREAS
2.01 Existing Redevelopment Project Areas,
As of the date of this Agreement, City and Agency have
approved redevelopment plans for three redevelopment
projects located in the incorporated territory of City
identified as the Southeast Chico Redevelopment Project
Area, the Chico Municipal Airport Redevelopment Project
Area, and the Central Chico Redevelopment Project Area.
Moreover, pursuant to the provisions of Section 33401 of the
California Health and Safety Code, County, District, and
Agency have also entered into public agency reimbursement
agreements for both the Southeast Chico Redevelopment
Project Area and the Chico Municipal Airport Redevelopment
Project Area which provide for the payment by Agency to
County and District of seventy percent {70%} of County and
District "share" of tax increments received by Agency from
each such project area.
County, District, and Agency now agree that concurrent-
ly with the execution of this Agreement, they will enter
into additional public agency reimbursement agreements for
ICA 10-30-87
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the Central Chico Redevelopment Project Area in which Agency
will agree to pay to County and District seventy percent
(70%) of the County and District "share" of tax increment
revenues received by Agency from the Central Chico Redevel-
opment Project Area, the same being def fined in such agree-
ments as the difference between the amount of property taxes
actually received by County or District from the Central
Chico Redevelopment Project Area during such fiscal year and
the amount of property tax revenues which County or District
would have received from the Central Chico Redevelopment
Project Area far such fiscal year but for the adoption of a
redevelopment plan for the Central Chico Redevelopment
Project Area.
Moreover, Agency and City agree they will not request
or approve an expansion of the boundaries of either the
Southeast Chico Redevelopment Project Area, Chico Municipal
Airport Redevelopment Project Area, or Central Chico Rede-
velopment Project Area without reasonable notice to and full
consultation with County, and that they will explore with
County ways in which the tax increment revenues from these
existing redevelopment project areas may be used to pay all
ar a portion of the outstanding debt of the County for
constructing the County building which houses the Chico
Branch of the Butte County Library system.
2.02 Pro osed Joint Chico Urban Area Redevelo ment Project Area.
County, City, and Agency agree that they will use their
best efforts to cooperate on the formation of a joint Chico
Urban Area Redevelopment Project Area. County, City, and
'CA 10-30-$7
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Agency further agree that as part of the formation proceed-
ings for such joint redevelopment project area, they will
establish a procedure for the joint selection of improvement
projects within the joint redevelopment project area, and
that in selecting improvement projects, they wi11 give a
high priority to repayment of the outstanding debt of County
for the construction of County building which houses the
Chico Branch of the Butte County Library system. After
formation of such joint redevelopment project area, County,
City, and Agency wi11 also explore ways of merging existing
redevelopment project areas within the incorporated territo-
ry of City with the joint redevelopment project area.
By the execution of this Agreement, neither County nor
District waives the right to request payment authorized by
Section 33401 of the California Health and Safety Code to
alleviate any financial burden or detriment caused by a
joint Chico Urban Area Redevelopment Project Area.
2.03 A enc Sales Taxes.
County, City, and Agency agree that in accordance with
the provisions of the Bradley Burns Uniform Local Sales and
Use Tax Law, Agency shall not adapt a sales and use tax rate
which is greater than the sales and use tax rate adopted by
City.
2.04 Pending Litigation.
County, District, City, and Agency agree that the
provisions of this Agreement settle the ongoing dispute
between County and District on the one hand and City and
Agency on the other hand over the formation of the Central
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Chico Redevelopment Project Area, and that by reason there-
of, County and District will dismiss the appeal to the Third
District Court of Appeals from the trial court's decision in
the action entitled Count of Butte et al. v. All Persons
Interested in the Matter of the Central Chico Redevelopment
Plan for the Central Chico Project Area far the City__of
Chico, et al._, the same being designated Third District
Court of Appeals Action No. 3 Civil C002562.
ARTICLE III
GFNFR AT. PROVISIONS
3.01 Term.
County, District, City, and Agency intend that this
Agreement shall remain in full force and effect forever,
unless terminated earlier by mutual agreement. Provided,
however, in the event that this Agreement is required by law
to have a termination date in order to be fully effective,
then this Agreement shall terminate on the latest date
permitted by law as to any provision required by law to have
a termination date and it will remain in full force and
effect thereafter as to all other provisions.
3.02 Modification.
Article T of this Agreement and all of the covenants
and conditions set forth therein may be modified or amended
only by a writing duly authorized and executed by both
County and City, and Article TT of this Agreement and all of
the covenants and conditions set forth therein may be
CA 10-30-87
Page 19 of 21
modified or amended only by a writing duly authorized and
executed by County, District, City, and Agency.
3.03 Reformation.
County, District, City, and Agency understand and agree
that this Agreement is based on existing law, and that such
law may be substantially amended in the future. In the
event of an amendment of state law which renders this
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Agreement invalid or inoperable or which denies any party
hereto of the full benefit of this Agreement as set forth
herein, in whole or in part, then County, District, City,
and Agency agree to reform this Agreement and any and all
documents attached hereto or executed concurrently herewith
to accomplish the intent of the County, District, City, and
Agency as set Earth herein. In the event County, District,
City, and Agency cannot reach an understanding in regard to
the reformation of this Agreement within six months, then
County, District, City, or Agency may file a petition with
the Butte County Superior Court to judicially reform this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement
in the County of Butte, State of California, on the dates set
forth below.
Nov 4 ~ss~
COUNTY OF BUTTE
Date / Jane Dolan, Chair
Butt County Board of
uh visors
~CA 10-30-87 Page 20 of 21
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Nov ~ ~~o~
Date
// ~
Date
Robert G. Boehm, City Attorney
of the City of Chico and
Attorney for the Chico
Redevelopment Agency
Authorized P~rsu~;nt to City of Chico ~
Joint Ci.y Council/Redevelopment Agency
Resci~iion ~'~;s. _ 49 57-88/RDA 5-87 _~
l~,'io~'i%:~ 1987
Authorized Pursuant i:o Butte County
Board of Supervisors Resolution #87-267
approved November 3, 1987
'Authorized Pursuant to P•lotion of the
Board of Directors of the Butte County
Mosguito Abatement District at a Special
Meeting held on November 2, 1987.
ICA 10-30-87
BUTTE COUNTY MOSQUITO
ABATEMENT DISTRICT
William Hazeltine, Manager
CITY OF CHICO and CHICO
REDEVELOPMENT AGENCY
Fred Davis, City Manager
City of Chico and Executive
Director of the Chico
Redevelopment Agency
Susan Roff, Butte County
Counsel
Page 21 of 21
APPROVED AS TO FORM:
.,
EXHIBIT A
Ordinance No.
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UNIFORM COUNTY SALES AND USE TAY ORDINANCE
Section ]., This ordinance shall be known as the Butte
County Uniform Local Sales and Use Tax Ordinance.
Section 2. The Roard of Supervisors of the County of Butte
hereby declares that this ordinance is adopted to achieve the
following, among other, purposes, and directs that the provisions
hereof be interpreted in order to accomplish those purposes:
(a) To adopt a sales and use tax ordinance which complies
with the requirements and limitations contained in Part I..S of
Division 2 of the Revenue and Taxation Code of the State of
California;
{b) To adopt a sales and use tax ordinance which
incorporates provisions identical to those of the Sales and Use
Tax Law of the State of California insofar as those provisions
are not inconsistent with the req~iirements and limitations
contained in Part 1,S of Division 2 of the said Revenue and
Taxation Code;
(c} To adopt a sales and use tax ordinance which imposes a
one and one--quarter percent (1 1/4~) tax and provides a measure
therefor that can ~~e administered and collected by the State
Board of Equalization in a manner that adapts itself as fully as
practicable to, and requires the least possible deviation from,
the existing statutory and administrative procedures followed by
the State Board of Equalization in administering and collecting
tl7e California State Sales and Use T~,x.es;
(d} To adopt: a stiles and use ta.x ordinance which can be
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adm~.nistered in a manner t~,at w1.11, to t1~~~ degree possible, be
consistent with the provisions of P1rt I..~ o~ Division 2 of the
said Revenue and Taxation Code, minimize the cost of collecting
county sales and use taxes and a.t the same time minimize the
burden of record keeping upon persons subject to taxation under
the provisions oI' this ordinance;
Section 3. This ordinance shall became operative on January
1, 1988.
Section 4. (a) For the privilege of selling tangible
personal property at retail a tax is hereby imposed upon all
retailers in the County at the rate of one and one--quarter
(1 I./4°6) of the grass receipts of the z-etailer from the sale o~
alI tangible personal property sold at retail in the County of
Butte.
{b) For the purposes of this ordinance, all retail sales
are consummated at ~:he place of business of the retailer unless
the tangib7.e personal property sold is delivered by the retailer
~or his agent to an out-oi-state destination or to a common
carrier far delivery to an out_vf-state destination. Delivery
charges shall be included in the gross receipts by t~~hich the tax
is measured, xegrdless a~ the place to which delivery is made,
(when such charges are included in the measure of the sales or use
tax imposed by fire State of California. Zn the event a retailer
has no permanent place of business in the State of California, or
has more than nne place of business, the place of places at which
retail sales are consummated shal]_ he as determined under rules
a,nci regulations proscribed and adopted by the i3o.ard of
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II Egt~~.Iiza.tion.
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(b} (1) Except as hereinafter provided, and e~:cept insofar
as they are inconsistent with the provisions of Part 1.5 of
Division 2 of the Revenue and Taxation Code of the State of
California, all of the provisions of Part X of Division 2 of said
Code, as amended and in force and effect on January 1, 1988
applicable to salr~s taxes are hereby adopted and made a part of
this section as though fu11y set forth herein.
(2) S9herever, and to the extent that, in Part 1 of
.Division 2 of the Revenue and Taxation Code the State of
'California is named or referred to as the taxing agency, the
County of Butte shall be substituted therefor. Nothing in this
subdivision shall be deemed to require the substitution of the
name of the County of Butte for the word "State" when that word
is used as part o-f the title of the State Controller, State
Treasurer, the State Board of Control, the State Board of
Equalization, or the name of the State Treasury, or of the
Constitution of the State of California; nor shall the name of
the County be substituted for that of the State in any section
when the z•esult of that substitution would require action to be
~tak~en by or against the County or any agency thereof, rather than
by or against tl:e State Board of Equalization, in performing the
functions incident to the administration or operation of this
ordinance; ~znd neither sha11 the substitution be deemed to have
been made in those sections, including, but not necessarily
limited to, sections referring to the exterior boundaries of the
State of California, where the resu:tt of the substitution would
bE to provide an r~xe=:ynpti.on from this tax with respect to certain
,gross receipts which would not otherwise be exempt from this tax
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EXHIBIT
~i
! while those gross receipts rc~majn r,ut~~~ctct tc~ tax by the State
`~ under tale provisions of Part 1 of Division 2 of the Revenues and
:i Taxation Cade; nor to impose thifi tax with respect to certain
-i gross receipts which tivould not be subjf~ct to tax by the State
under the said provisions of that Cocie; ~.nd, in addition, the
h name of the County shall not be substituted for that of the State
! in Sections 6701, 6702, except in the last sentence thereof,
ti 6711, 6715, 6737, 6797 and 61328 of the Revenue and Taxation Code
9 as adopted, and the name of the County shall not be substituted
t(} for the word "Sta.te" in the phrase "retailer engages in bus~.mess
it in this State" in Section 6203 nor in the definition of that
i`_' phrase in Section 6203.
!;; {3} If a seller's permit teas been issued to a retailer
i-i under Section 6067 of the Revenue and Taxation Code, an
i"> additional seller's permit shall not be required by reason of
;ri this sect ion .
t~ (4) There shall be excluded from the grass receipts by
i5 which tt~e tax is measux•ed:
~~~ { i) The amount of any sa? es or use tax imposed by the
'?!~ State cif California upon a retailer ar cotxsumer.
"1 (ii) Eighty percent {80°0) of the grass receipts from the
'':.' ~ sale of property to operators of common carriers ~znd waterborne
''?:i vessels to be used ar consurrod in the operation of s-ctch common
`_'•t carriers or watert~arne vessels principally outside of this
'~:, County.
`~~ I Section 5. {a} An excise tax is 1~ereby imposed on the
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'?ifl storage, usP, or other cansumpti.on in the County of Butte of
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"~ i tan~;ibl~~ pLrson~~.i property pnT•chased from any retail-er~ on or
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after .~anuRry 1, 1988, fox• storttE;c, use, or other consumption in
the County at the rate of one and one-quarter percent (1 1/4~),
The safes price shall ~.nclude delivery charges when such charges
are subject to State sales or use tax regardless of the place of
which delivery is made.
{h} {,I) Except as hereinafter provided, and except insofar
as they are inconsistent with the provisions of Part l,b of
~Divisian 2 of the Revenue and Taxation Cade of the State of
California, all of the provisions of Part 1 of Division 2 of said
Code, as amended and in force and effect on January 1, 19$8,
applicable to use taxes, are hereby adopted and made apart of
this section as though fully s.et forth herein.
(2} SV'herever, and to the extent that, in Part ~. of
Division 2 of the Revenue and Taxation Code the State of
California is named or referred to as the taxing agency, the name
of this County shall be substituted therefor. Nothing in this
subdivision shall. be deemed to require the substitution of the
name of this County for the word "State" when that word is used
as part of the title of the State Controller, State Treasurer,
the State Doard of Control, the State Board of Equ~.lization, or
the name a.f the State Treasury, or of the Constitution of the
State of California; nor shall the name of the County '~e
substituted far that of the State in any section when the result
Hof that substitution would require action to be taken by or
against the County or any agency thereof: rather than by ar
against thE~ State Board of Equalization, in performing the
functions incident to the administration ar operation of this
ordinai:ce; and neither sha?1 thc; substitution be deemed to have
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been made in those sections, inclurlin~; l~ttt not necessarily
limited to, sections referring to the rxtf~rior boundaries of the
State of California, where the result of the substitution would
be to provide an exemption from this tax with respect to certain
storage, use, ar other consumption of tangible personal property
which would not otht,rwise be exernPt from this ta.~ while such
storage, use, or other consumption remains subject to tax by the
State under the provisions of Part I of Division 2 of the Revenue
and Taxation Code, or to impose this tax with respect to certain
storage, use, or other consumption of tangible personal property
which would not be subject to tax by the State under the said
provisions of that Code; and in addition, the name of the County
shall not be substituted for that of the State in Sections 6791,
6702, except in the last sentence thereof, 6711, 6715, 6737, 6797
and 6828 of the Revenue and Taxation Code as adopted, and the
name of tb.e County shall not be substituted for the word "State"
in the phrase "retailer engaged in business in this State" in
Section Ci2D3 nor in the definition of that phrase in Section
E203.
(3) Thew shall be exempt from the tax due under this
Isection:
(i) The .mount of any sales or use tax imposed by the
State of California upon a retailer cox consumer.
{ii) The storage, use, or other consumption of tangible
personal property, the gross receipts from the sale of which has
been subject to sales' ta.x under a sales-or u:;c~ tax ordinance
enacted in accordance with Part ~..5 of Division 2 of the Revenue
~ end Taxation Code ray any other c: ity and county , county or city in
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nii~~ othF~r c~c,i~t~ty i n thi~~ :it::~Ct, .
{iii.) Provided, however, that the storage or use of
tangible personal property in the transportation or transmission
of persons, property, or co~~ununications or in the generation,
transmission or distribution of electricity or in the .
~~antrfacture, transmission or ciistrit~utiUn of gas in intrastate,
li,nterstate or foreign commerce by public utilities which are
regulated by the Public Ltilities Commission of the St~.te of
California shall be exempt from eighty percent {80%) of the tax
due under this section.
Siction S. Any person subject to a sales or use tax or
required to collect a use tax under this ordinance shall be
entitled to credit against the payment of taxes due under this
ordinant:Q the amount of sales and usE tax due any city in this
county, provided that the city sales and use tax is levied under
~an ordinance including provisions substantially conforming to the
provisions of subdivisions (1.} to (8}, inclusive, of subsection
(h) of Section 702 of the Revenue and Taxation Code, and other
applicably provi:~ions of Part 1.5 of Division 2 of that Code.
',~ i~CtiOrl 7. No injunction or writ, aE mand2+.te or other Legal
'I~o7• et~uitable process shall issue in any suit, action, or
I~proceeding in axxy court against the State or this County or
j
I~.gainst any officer of the State or this County to prevent or
I
lenjoin the collection under this ordinance or Part 1.5 of
Division 2 of the Revenue ~tnc3 Taxation Code of any tax or any
amount of tax rer~uir ed to be ~~ollected .
4
~ Section 8. ~tll amendme:tits of the T~evenue ~.nd Taxation Code
enn.cted subsequent to ttxe nffec~l:ive d~.tca oi.' this ordinance which
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relate to the sales and use tax tvhic.h are nut inconsistent with
Part i.5 of Division 2 of the Revc.~nue and Taxation Code shall
automatically became a part of this ordinance.
section 8.5 This ordinance may be made inoperative not less
than G0 days, but not earlier than thc~ first day of the calendar
nuarter, following the County's lack of compliance with Article
II (cornriencing wzth Section 2550) of Chapter ?, of Division 3 of
Title 3 of the Government Code.
Section 9. This ordinance shall become inoperative on the
first day of the first calendar quarter «rhich commences mere than
60 days following the date upon ~~hich any city within the County
increases the rate of its sales or use tas above the rate in
effect on the date this ordinance was enacted.
Section I0. Any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not more than
$500.130 or by imprisonment for a period of not more than six
months in the county jail or by both such fine and imprisonment.
Section 1l. If any section, subsection, sentence, clause,
phrase or portion of this ordinance, including but not limited to
zny exemption, is, for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portion of this ordinance. The Board of Supervisors of
the County of Butte hereby declares that it would have adapted
this ordinance anti-each sECtion, aubse~ti.on, sentence, clause,
phrasE~ or portion thereof, Srrespectave of the. fact that any one
or mare sections, subsections, senten~~~~s, clauses, phrases pr
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portions he rl~~c~.Ftz•c:c~ ~ i~v~t1 ic3 or uttcon:~;t i tut i anal .
SE.~ctjon 1~. This ordinance shn.ll become operative January
I, 1.9$$.
Section ].3. This ordinance shall he published once with the
names of the members of the Board of Supervisors voting for and
against it in the a newspaper
published izt the County of Butte, State of California.
PASSED AND AI)(IPTED b;r the Board of Supervisors of the County
of Butte, State of California, on the day of
1987, by the following vote:
APES:
NOES:
ABSENT:
NOT FOT I SIG
JANE DOLAN, Chair of the
Futte County Board of Supervi.sars
ATTEST:
i4:ARTIN J. NICHOLS, Chief Administrative
Officer and Clerk of the Board
By
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28.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO
AMENDING CHAPTER 3.48 OF THE CHICO MUNICIPAL CODE
ENTITLED "SALES AND USE TAX", BY CHANGING THE PROVISIONS
OF SECTION 3.48.020 OF CHAPTER 3.48, ENTIZ*r,~ +~~~n ~ AND
BY ADDING A NEW SECTION 3.4$.140 TO CHAPTER 3.48,
TO BE ENTITLED "CREDITS"
BE IT ORDAINED by the City Council of the City o£ Chico that
Chapter 3.48 of the Chico Municipal Code, entitled "Sales and Use
Tax", be amended as follows:
Sec. 1 That Section 3.48.020 of Chapter 3.48, entitled
"Rate", be and is hereby amended to read as follows:
3.48:020 Rate.
The rats of sales tax and use tax imposed by this
chapter shall be one percent (lo}; PROVIDED, HOWEVER, THAT
ON AND AFTER JANUARY 1, 1988, THE RATE OF SALES TAX AND USE
TAX IMPQSED BY THIS CHAPTER SHALL BE NINETY-FIVE HUNDREDTHS
PERCENT (.9S°s).
Sec. 2 That Section 3.48.x.40 be added to Chapter 3.48 of
the Chico Municipal Cade to be entitled and to read as follows:
3.48.140 Credits.
ANY PERSQN SUBJECT TO A SALES OR USE TAX UNDER THE
PROVISIONS OF THIS CHAPTER SHALL BE ENTITLED TO A CREDIT
AGAINST THE PAYMENT OF TAXES DUE UNDER THIS CHAPTER TN THE
AMOUNT OF SALES OR USE TAX DUE TO THE REDEVELOPMENT AGENCY
OF THE CITY OF~CHICO PURSUANT TO SECTION 7202.6 OF THE'
CA 10--Z.&-.87 Page 1 of 2 ~~!l~~~ a
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CALIFORNIA REVENUE AND TAXATION CODE, PROVIDED THAT THE
SALES AND USE TAX ORDYNANCE OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHTCO COMPLIES WITH ALL REQUIREMENTS OF SECTION
?2g2.6 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY
OTHER APPLICABLE PROVISIONS OF PART 1.5, DIVISION 2, OF THAT
CODE.
Ordinance No. was adopted by the City Council of the
City of Chico at its regular meeting held on the
day of _ _, 1987, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST: '
Barbara A. Evans, City Clerk
APPROVED AS TO FORM:
Robert G. Boehm, City Attorney
EXHIBIT B
cA 1o-zs-s7
Page 2 of 2
MUNICIPAL AFFAIRS AGREEMENT
(COUNTY OF BUTTE/BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT
CITY OF CHICO/CHICO REDEVELOPMENT AGENCY)
EXHIBIT ~'C"
SETTING FORTH PROPERTY ANNEXED TO THE CITY OF CHICO
BETWEEN JANUARY 1, 1978 AND DECEMBER 31, 1986
ANNEXATION DISTRICT
Manzanita Avenue - Annex Dist #4
W. 11th Avenue - Annex Dist #2
Mangrove Avenue -- Annex Dist #14
Chico Municipal. Airport - Annex Dist
E. 8th Avenue - Annex Dist #1
Ellene Avenue - Annex Dist #3
Manzanita Court - Annex Dist #2
Mariposa Avenue -Annex Dist #7
Larch Street - Annex Dist #4
Manzanita Avenue - Annex Dist #5
E. Park Avenue - Annex Dist #1
Sunset Avenue - Annex Dist #4
Morrow Lane - Annex Dist #1
Skyway - Annex Dist #5
Nord Avenue - Annex Dist #5
W. 8th Avenue - Annex Dist #2
Vallombrosa Avenue - Annex Dist #10
Downing Avenue - Annex Dist #2
N. Cherry Street - Annex Dist #5
E. 20th Street - Annex Dist #7
Nord Avenue - Annex Dist #6
E. 19th Street - Annex Dist #2
Manzanita Avenue - Annex Dist #6
North Cherry Street - Annex Dist #6
Esplanade - Annex Dist #11
East Park Avenue - Annex Dist #2
Columbus Avenue - Annex Dist #2
Verbena Avenue - Annex Dist #2
Bryant Avenue - Annex Dist #8
East First Avenue - Annex Dist #15
Chico Municipal Airport - Annex Dist
Morrow Lane - Annex Dist #2
Sherman Avenue - Annex Dist #4
Meyers Street - Annex Dist #1
East Avenue - Annex Dist #4
Cohasset Road - Annex Dist #14
Manzanita Avenue - Annex Dist #7
East Park Avenue - Annex Dist #3
W. 11th Street - Annex Dist #1
#1
#2
DATE
ADOPTED BY CITY
01-17-78
02-21--78
02-21.78
03-07-78
04-18-7$
04-18-78
04-18-78
05-16-78
07-11-78
09-05-78
09-05-78
1i--14-78
O1-09--79
01-09-79
O1-09-79
01-09-79
01-09-79
03-02-79
04--17-79
05-08-79
06-19-79
06-19-79
06-19-79
08-14-79
09-04-79
09-18-79
09-18-79
10-16-79
10-16-79
10-16-79
11--10-79
12-18-79
12-1$-79
01-15-80
03-18-8D
06-17-80
07--01-80
09-16-80
09-16-80
CM 10/30/87 PAGE 1 OF 4 ~~~~~~~
MUNICIPAL AFFAIRS AGREEMENT
(COUNTY OF BUTTE/BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT
CITY OF CHICO/CHICO REDE`TE7,OPMENT AGENCY)
EXHIBIT °C'°
SETTING FORTH PROPERTY ANNEXED TO THE CITY OF CHICO
BETWEEN 3ANUARY 1, 1978 AND DECEMBER 31, 1986
ANNEXATION DISTRICT
Hwy 32 @ Fir Street - Annex Dist #1
Arbutus Avenue - Annex Dist #12
1980 City-owned property - Annex Dist #1
East First Avenue - Annex Dist #16
Boucher Street - Annex Dist #2
Manzanita Avenue - Annex Dist #8
Cohasset Road - Annex Dist #17
Southeast Chico Sewer Assessment
Annexation District
Cohasset Road - Annex Dist #15
Cohasset Road - Annex Dist #18
Northeast Chico Sewer Assessment
Annexation District
City-awned property - Annex Dist #2
Burnap Avenue - Annex Dist #1
West First Avenue - Annex Dist #4
Columbus Avenue - Annex Dist #3
W. 4th Avenue - Annex Dist #3
Ceanothus Avenue - Annex Dist #5
Cohasset Road - Annex Dist #19
Burnap Avenue - Annex Dist #2
Columbus Avenue - Annex Dist #4
White Avenue - Annex Dist #1
The Esplanade - Annex Dist #i2
Fair Street - Annex Dist #2
City-owned property - Annex Dist #3
North Cedar Street - Annex Dist #2
W. 2nd Street - Annex Dist #4
Whitman Avenue - Annex Dist #1
Cohasset Road - Annex Dist #20
Park Avenue - Annex Dist #12
West First Avenue - Annex Dist #5
Columbus Avenue - Annex Dist #5
Columbus Avenue - Annex Dist #6
E. 9t.h Street - Annex Dist #4
W. 2nd Avenue -- Annex Dist #5
W. 4th Avenue - Annex Dist #5
White Avenue - Annex Dist #2
Columbus Avenue - Annex Dist #7
DATE
ADOPTED BY CITY
D9-16-80
10-07-80
10-07-80
O1-06-81
01-27-81
02-17-$1
04-21-81
04-21-81
08-04--81
08-03-82
08-03-82
08.08-82
11-18-82
11-18-82
02-01--83
02-01-83
02-01-83
04-19-83
04-19-83
08-02-83
10-11-83
10-11-83
12-06-83
12-06-83
12-20-$3
12-20-83
02-07-84
03-06-84
03-06-84
03-06-84
03-06-84
03-06-84
04-03-84
05-15-84
05-15-84
05-15-84
05-15-$4
CM 10/30/87 PAGE 2 OF 4 ~~1 ~ ~~~ !
MUNICIPAL AFFAIRS AGREEMENT
(COUNTY OF BUTTE/BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT
CITY OF CHICO/CHICO REDEVELOPMENT AGENCY}
EXHIBIT "C"
SETTING FORTH PROPERTY ANNEXED TO THE CITY OF CHICO
BETWEEN JANUARY 1, 1978 AND DECEMBER 31, 7.986
ANNEXATION DISTRICT
Madrone Avenue - Annex Dist #7
Cohasset Road - Annex Dist #22
Humboldt Road - Annex Dist #6
W. Sacramento Avenue - Annex Dist #14
W. Sacramento Avenue - Annex Dist #15
The Esplanade - Annex Dist #13
Cohasset Raad - Annex Dist #21
West First Avenue - Annex Dist #6
Rio Lindo Avenue - Annex Dist #8
Elm Street - Annex Dist #2
West First Avenue - Annex Dist #7
W. Sacramento Avenue - Annex Dist #16
W. Sacramento Avenue - Annex Dist #18
Nord Avenue - Annex Dist #8
W. 4th Avenue - Annex Bist #4
E. 7th Avenue - Annex Dist #2
E. 8th Street - Annex Dist #13
E. 20th Street - Annex Dist #8
North Cedar Street - Annex Dist #3
Sheridan Avenue - Annex Dist #4
The Esplanade - Annex Dist #14
W. Sacramento Avenue - Annex Dist #17
W. Sacramento Avenue - Annex Dist #19
North Cedar Street - Annex Dist #5
Humboldt Road - Annex-Dist #7
Mangrove Avenue - Annex Dist #15
W. 2nd Avenue - Annex Dist #6
Nord Avenue - Annex Dist #9
Floral Avenue - Annex Dist #9
W. Sacramento Avenue - Annex Dist #20
Nord Avenue - Annex Dist #10
North Cedar Street - Annex Dist #4
Cohasset Road - Annex Dist #23
Hooker Oak Avenue - Annex Dist #13
Lupin Avenue - Annex Dist #1
Lassen Avenue - Annex Bist #7.
Mountain View Avenue - Annex Dist #1
Longfellow Avenue - Annex Dist #4
North Avenue - Annex Dist #1
Filbert Avenue - Annex Dist #7
DATE
ADOPTED BY CITY
05-15-84
06-19-84
06-19-84
06-19-84
06-19-84
06-19-84
09-18-84
10-16-84
10-16-84
10-16-84
10-16-84
12-18-84
04-02-85
n5-21-s5
05-21-85
06-18-85
06-1$-85
06-18-85
06-18-85
06-18-85
07-23-85
0$-06-85
10-15-$5
10-i5-85
10-15-$5
12-17-85
12-03-85
02-~ 18-86
02-18-86
03-18-86
03-1$-86
03-18-$6
04--01-86
04-15-86
04-15-86
04-15-86
06--03-86
o6-a3-86
06-03-$6
06-03-86
CM 10/30/$7 PAGE 3 OF 4 ~~H~~~T
MUNICIPAL AFFAIRS AGREEMENT
{COUNTY OF BUTTE/BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT
CITY OF CHICO/CHICO REDEVELOPMENT AGENCY)
EXHIBIT "C°
SETTING FORTH PROPERTY ANNEXED TO THE CITY OF CHICO
BETWEEN JANUARY 1, 1978 AND DECEMBER 31, 1986
ANNEXATION DISTRICT
W. 2nd Avenue - Annex Dist #7
W. 8th Avenue - Annex Dist #3
Humboldt Road - Annex Dist #8
Comanche Court - Annex Da.st #1
Bidwell Avenue - Annex Dist #2
Manzanita Avenue - Annex Dist #10
Mangrove Avenue - Annex Dist #16
Mangrove Avenue - Annex Dist #18
W. 2nd Avenue - Annex Dist #8
North Cedar Street - Annex Dist #6
Mangrove Avenue - Annex Dist #17
California Park - Annex Dist #1
DATE
ADOPTED BY CI'T`Y
^7--01-86
08-05-86
08-05-86
OS-05-86
09-02-86
09-02-86
D9-02-86
10-28-86
10-28-86
10-28-86
11-04-86
12-02-86
CM 10/30/$7 PAGE 4 OF 4 EXH~~IT C
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AMENDED MASTER PROPERTY TAX TRANSFER
AGREII~NT (COUNTY OF BUTTE/CITY OF CHTCO)
THIS AGREEMENT, is made and executed in duplicate by and
between the County of Butte, a political subdivision of the State
Hof California (hereinafter referred to as "County"), and the City
of Chico, a municipal corporation of the State of California
(hereinafter referred to as "City").
W I T N E S S E T H
WHEREAS, on June 5, 1978, the voters of the State of Cali-
fornia amended the California Constitution by adding Article
XIITA thereto which limited the total amount of property taxes
which could be levied on property by focal taxing agencies having
such property within their territorial jurisdiction to one
percent (l%) of full cash value; and
WHEREAS, following such constitutional amendment, the
California Legislature added Section 99 to the California Revenue
and Taxation Code which requires a city seeking to annex property
to its incorporated territory and a county affected by such
annexation to agree upon an exchange of property tares which are
derived from such property and available to the county and city
,following annexation of the property to the incorporated territo-
ry of the city; and
ACA 1Q-30-87
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21
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WHEREAS, in January, 1980, County and City, in contemplation
of the annexation of property located in the unincorporated
territory of County to the incorporated territory of City, and in
accordance with the provisions of Section 99{d) of the California
Revenue and Taxation Code, executed a master property tax trans-
fer agreement entitled "Agreement Between Butte County and its
Cities Regarding the Negotiated Exchange of Property Tax Revenues
Relating to Jurisdictional Changes {in Accordance with Revenue
and Taxation Code Section 99 Added by Chapter 282 Statutes of
1979 and Amended by Chapter llbl of the Statutes of 1979) (Agree-
ment Amended January 31, 1980)" which provided far the exchange
of property tax revenues between County and City for all annexa-
tions of property located in the unincarporated territory of
County to the incorporated territory of City, save and except
those annexations which would also materially affect the non-
property tax revenues received by County; and
WHEREAS, on or about April ~., 1982, City made a request to
County to renegotiate the property tax exchange rate between
County and City established by such agreement as expressly
provided for in Section 3 of the agreement; and
WHEREAS, County and City, after protracted negotiations have
reached an understanding as to a new rate of exchange of property
tax revenues to be made pursuant to Section 99 of the California
Revenue and Taxation Code; and
WHEREAS, County and City now desire to amend the Master
Property Tax Transfer Agreement heretofore executed by them
pursuant to Section 99(d) of the California Revenue and Taxation
Code to set forth such new rate of exchange.
ICA 10-30-87
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NOW, THEREFORE, County and City agree as follows:
1. County and City agree that effective on the date of
this Agreement, all property tax revenues available to
County and City from properties annexed to the incorporated
territory of City between January 1, 1978, and December 31,
1986, as set forth in Exhibit "A" attached hereto and by
this reference incorporated herein, as well. as all property
tax revenues available to County and City from properties
annexed to the incorporated territory of City subsequent to
January 1, 1987, shall be divided between County and City as
follows:
County Share - 55%
City Share - 45%
2. County and City also agree that between the effective
date of this Agreement and the end of the first fiscal year
in which five percent ( 5 a ) of the "total sales and use tax
revenues received by both County and City" (as hereinafter
defined in this Section) during such year from all proper-
ties within the incorporated territory of City is equal to
or greater than one-half of the total sales and use tax
revenues received by both County and City during such year
from properties within the annexation district designated by
the Butte County Local Agency Formation Commission as
Pillsbury Road Annexation District No. 4, County will also
be entitled to the following additional portion of property
tax revenues available to County and City from properties
annexed to the incorporated territory of City between
January 1, 1978, and December 31, 1986, as well as all
ICA 10-30-87
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23
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properties annexed to the incorporated territory of City
subsequent to January 1, 1.987, the same to be deducted from
and paid over to County from City's forty-five percent (459)
share of such property taxes hereinbefore provided for in
Section 1 of this Agreement:
{A) Effective on January 1, 1988, and continuing thereafter
until June 30, 1988, County shall be entitled to an
additional portion of such property tax revenues equal
to:
(i} One hundred percent (1000) of the total sales and
use tax revenues received by both County and City
between January 1, 1988, and June 30, 1958, from
all properties within Pillsbury Road Annexation
District No. 4; minus
(ii) Five percent (59) of the total sales and use
tax revenues received by both County and City
between January 1, 1988, and June 30, 1988, from
all properties within the incorporated territory
of City.
(B) Effective July 1, 1988, and continuing each year
thereafter until the end of the first fiscal year in
which five percent ( 5 9 ) of the total sales and use tax
revenues received by both County and City during such
year from all properties within the incorporated
territory of City is equal to or greater than one-half
of the total sales and use tax revenues received by
both County and City from all properties within
Pillsbury Road Annexation District No. 4, County shall
CA 10-30-87
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be entitled to an additional portion of such property
tax revenues equal to:
(i) One-half of the total sales and use tax revenues
received by bath County and City during the year
from all properties within Pillsbury Road Annexa-
tion District No. 4; minus
Eii) Five percent (50) of the total sales and use tax
revenues received by both County and City during
the year from all properties within the incorpo-
rated territory of City.
For purposes of this Section, the term "total sales and
use tax revenues received by both County and City"
shall mean all sales and use tax revenues which have
been received by the State Board of Equalization from
the local sales and use taxes levied by County and City
within the incorporated territory of City pursuant to
the provisions of the Bradley Burns Uniform Local Sales
and Use Tax Law in effect on the date of this Agreement
and which actually have been distributed by the State
Board of Equalization to County and City, save and
except for any portion of such local sales and use
taxes levied by County in order to fulfill its obliga-
tions under the provisions of Article 11, Chapter 2,
Division 3, Title 3, of the California Government Code
in effect on the date of this Agreement (commencing
with Section 29530) relating to the local transparta-
tion fund. Moreover, for purposes of this Agreement,
the term "fiscal year" shall mean any year commencing
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on July lst and ending on June 3dth.
County and City further agree that all of the exchanges
of property taxes required by this Section shall be made by
the County Auditor. Tn carrying out the provisions of
Section 2 of this Agreement, the County Auditor shall make
the exchanges required therein from that part of City's
share of the property taxes referred to therein which is
paid by the County Auditor to City subsequent to April 10 of
the fiscal year ar portion thereof for which such exchange
is being made. Moreover, in carrying out the provisions of
Section 2 of this Agreement, the County Auditor shall deter-
mine the amount of exchange required therein from the total
estimated sales and use taxes which will be received by both
County and City from all properties within the incorporated
territory of City as well as all properties within Pillsbury
Road Annexation District No. 4 for the fiscal year or any
portion thereof in which such exchange is being made, as
agreed upon by the County Auditor and the City Finance
Officer, or if they are unable to agree, as determined by an
independent consultant selected by the Chief Administrative
Officer of County and the City Manager of City, all costs of
which will be equally shared by County and City; provided,
however, that as soon as possible following the end of each
such fiscal year, the County Auditor, after consulting with
the City Finance Officer, shall reconcile the estimated
amount of such sales and use taxes with the actual amount of
such sales and use taxes and make any adjustments in the
deductions and payments required by Section 2 of this
CA 10-30-87 Page 6 of 9
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Agreement which are necessary to account therefor, shall
provide a report of such reconciliation and adjustments to
the City Finance Officer, and shall either remit to or bill
City for any amounts required by such reconciliation and
adjustment; and, provided further, that if the County
Auditor, aftez undertaking such reconciliation and making
such adjustment, bills City for any amounts required by the
reconciliation and adjustment, then City shall pay to County
the amount set forth in such bill within 45 days of the
receipt of same.
This Agreement and the exchanges ~of property taxes
provided for herein shall not apply to any annexation
application or petition which proposes the annexation of a
substantial part of the unincorporated portion of the Chico
Urban Area to the incorporated territory of City. In the
case of such an annexation, County and City shall separately
agree on a division of the property tax revenues available
to County and City from such an annexation in accordance
with the provisions of Section 99(b) of the California
Revenue and Taxation Code.
For purposes of this section, the term "Chico Urban
Area" shall mean the sphere of influence for the City of
Chico as now ar hereafter adapted by the Butte County Local
Agency Formation Commission and the term "substantial part
of the unincorporated territory of the Chico Urban Area"
shall mean any part of the unincorporated portion of the
Chico Urban Area containing ten percent (100) or more of the
total population of both the unincorporated and incorporated
14.
ICA 10-30-87
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portions of the Chico Urban Area, the same to be determined
on the basis of the population per household for the City of
Chico as established by the State Department of Finance, and
the number of households within the Chico Urban Area and the
area proposed to be annexed as jointly agreed upon by the
County and City Planning Directors, or, in the event the
County and City Planning Directors are unable to agree, by
an independent consultant selected by the Chief Administra-
tive Officer of County and the City Manager of City, all
costs of which shall be equally shared by County and City.
5. This Agreement shall completely amend and fully super-
sede all or any portion of the agreement entitled "Agreement
Between Butte County and its Cities Regarding the Negotiated
Exchange of Property Tax Revenues Relating to Jurisdictional
Changes (in Accordance with Revenue and Taxation Code
Section 99 Added by Chapter 282 Statutes of 1979 and Amended
by Chapter 1161 of the Statutes of 1979} (Agreement Amended
January 31, 1980}" which relates in any manner to an ex-
change of property taxes between the County of Butte and the
City of Chico incident to the annexation of property located
in County to the incorporated territory of City,
IN WITNESS WHEREOF, the parties have executed this Agreement
in the County of Butte, State of California, on the dates set
forth below.
-----
CA 10-30-87
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NDV 4 7987
~~ ~ ~
Date
APPROVED AS TO FORM:
Robert G. Boeh~, City Attorney
City of Chico
I~~_tt}~arizsd laursuant to City of Chico
s~9nt City Council/Redevelopment Agency
~'esolution Nos. -
.~,.:iopted November 3, 1987
Authorized Pursuant to Butte County
Board of Supervisors Resolution #87-267
adopted November 3, 1.987
COUNTY OF BUTTE
Slade Doian," Chair
Butt County Board of
Super isors
CITY OF CHICO
Fred Davis, City Manager
City of Chico
Susan Roff, utte County
Counsel
~CA 10-30-87 Page 9 of 9
AMENDED MASTER PROPERTY TAX TRANSFER AGREEMENT
(COUNTY OF BUTTE/CITY OF CHICO)
EXF3TBIT "A'r
SETTING FORTH PROPERTY ANNEXED TO THE CITY OF CHICO
BETWEEN JANUARY 1, 1978 AND DECEMBER 31, 1986
ANNEXATION DISTRICT
DATE
ADAPTED BY CITY
Manzanita Avenue - Annex Dist #4 01-17--78
W. 11th Avenue - Annex D~.st #2 02-21-78
Mangrove Avenue - Annex Dist #14 D2-21-78
Chico Municipal Airport - Annex Dist #1 03-07-78
E. 8th Avenue - Annex Dist #1 04-18-78
Ellene Avenue - Annex Dist #3 04--18-78
Manzanita Court - Annex Dist #2 04-18-78
Mariposa Avenue - Annex Dist #7 05.16-78
Larch Street - Annex Dist #4 07-11-78
Manzanita Avenue - Annex Dist #5 09-05-78
E. Park Avenue - Annex Dist #1 09-05-7$
Sunset Avenue - Annex Dist #4 11-14--78
Morrow Lane - Annex Dist #1 01-09-79
Skyway - Annex Dist #5 01-09-79
Nord Avenue - Annex Dist #5 01-09-79
W. 8th Avenue - Annex Dist #2 01-09-79
Valloznbrosa Avenue - Annex Dist #1D D1-09-79
Downing Avenue - Annex Dist #2 03-02-79
N. Cherry Street - Annex Dist #5 04-17-79
E. 20th Street - Annex Dist #7 05-08--79
Nord Avenue - Annex Dist #6 06-19-79
E. 19th Street - Annex Dist #2 06--19-79
Manzanita Avenue - Annex Dist #6 06-19-79
North Cherry Street - Annex Dist #6 OS-14-79
Esplanade - Annex Dist #11 09-04-79
East Park Avenue - Annex Dist #2 09-18-79
Columbus Avenue - Annex Dist #2 09-18-79
Verbena Avenue - Annex Dist #2 10--16-79
Bryant Avenue - Annex Dxst #6 10-16-79
East First Avenue - Annex Dist #15 10-16-79
Chico Municipal Airport - Annex Dist #2 11-10--79
Morrow Lane - Annex Dist #2 12-1$-79
Sherman Avenue - Annex Dist #4 12-18-79
Meyers Street - Annex Dist #1 01-15-8D
East Avenue - Annex Dist #4 03-1$-80
Cohasset Road - Annex Dist #14 06-17-80
Manzanita Av~:nue - Annex Dist #7 07-01-80
East Park Avenue - Annex Dist #3 09-16-80
W. 11th Street -~ Annex Dist #1 09-16-80
CM 10/30/87 PAGE 1 OF 4 ~~~~T
AMENDED MASTER PROPERTY TAX TRANSFER AGREEMENT
(COUNTY OF BUTTE/CITY OF CHICO}
EXHIBIT "A"
SETTING FORTH PROPERTY ANNEXED TO THE CITY OF CHICO
BETWEEN JANUARY 1, 1978 AND DECEMBER 31, 1986
DATE
ANNEXATION DISTRICT ADOPTED SY CITY
Hwy 32 @ Fir Street - Annex Dist #1 09-16-80
Arbutus Avenue - Annex Dist #12 10-07-80
1980 City-owned property - Annex Dist #1 10-07-80
East First Avenue - Annex Dist #16 01--06-81
Boucher Street - Annex Dist #2 01-27-81
Manzanita Avenue - Annex Dist #8 02-17-$1
Cohasset Road - Annex Dist #17 04~-21-81
Southeast Chico Sewer Assessment 04-21-81
Annexation District
Cohasset Road - Annex Dist #15 08-04-81
Cohasset Road - Annex Dist #18 08-03-82
Northeast Chico Sewer Assessment
Annexation District 0$-03-82
City-owned property - Annex Dist #2 08-08-82
Burnap Avenue - Annex Dist #1 11-18-$2
West First Avenue - Annex Dist #4 11--18-82
Columbus Avenue - Annex Dist #3 02--01-83
W. 4th Avenue - Annex Dist #3 02-01-83
Ceanothus Avenue - Annex Dist #5 02--01-83
Cohasset Road - Annex Dist #19 04-19-53
Burnap Avenue - Annex Dist #2 04-19-83
Columbus Avenue - Annex Dist #4 08-02--83
White Avenue - Annex Dist #1 10-11-83
The Esplanade - Annex Dist #12 10-11-83
Fair Street - Annex Dist #2 12-06-$3
City-owned property - Annex Dist #3 12--06-83
North Cedar Street - Annex Dist #2 12-20--83
W. 2nd Street - Annex Dist #4 12-20-83
Whitman Avenue - Annex Dist #1 02-07-84
Cohasset Road - Annex Dist #20 03-06-84
Park Avenue - Annex Dist #12 03-06-84
West First Avenue - Annex Dist #5 03-06-84
Colum3~us Avenue - Annex Dist #5 03-06-84
Columbus Avenue - Annex Dist #6 03-06-84
E. 9th Street - Annex Dist #4 04-03-84
W. 2nd Avenue - Annex Dist #5 05-15-84
W. 4th Avenue - Annex Dist #5 05-15-84
White Avenue - Annex Dist #2 05-15-84
Columbus Avenue - Annex Dist #7 05-15-$4
CM 10/30/87 PAGE 2 OF 4 E~EE~~I
AMENDED MAS'T'ER PROPERTY TAX TRANSFER AGREEMENT
{COUNTY OF BUTTE/CITY OF CHICO}
EXHIBIT "A'r
SETTING FORTH PROPERTY ANNEXED TO THE CITY OF CHICO
BETWEEN ,TANUARY 1, 1978 AND DECEMBER 31, 1986
DATE
ANNEXATION DISTRICT ADOPTED BY CITY
Madrone Avenue - Annex D~.st #7 05-15-84
Cohasset Road - Annex Dist #22 06-19-84
Humboldt Road - Annex Dist #6 06-19-$4
W. Sacramento Avenue - Annex Dist #14 06-19-84
W. Sacramento Avenue - Annex Dist #15 06-19-84
The Esplanade - Annex Dist #13 06-19-84
Cohasset Road - Annex Dist #21 09-18-84
West First Avenue - Annex Dist #6 10-16-84
Rio Lindo Avenue - Annex Dist #8 10-16-84
Elm Street - Annex Dist #2 10-16-84
West First Avenue - Annex Dist #7 10-16-84
W. Sacramento Avenue - Annex Dist #16 12-18-84
W. Sacramento Avenue - Annex Dist #1$ 04-02-85
Nord Avenue -- Annex Dist #8 05-21-85
W. 4th Avenue - Annex Dist #4 05-21-85
E. 7th Avenue - Annex Dist #2 06-18-85
E. 8th Street - Annex Dist #13 06-1$-85
E. 20th Street - Annex Dist #8 06-18-85
North Cedar Street - Annex Dist #3 06-18-85
Sheridan Avenue -- Annex Dist #4 06.18-85
The Esplanade - Annex Dist #14 07-23-85
W. Sacramento Avenue - Annex Dist #17 08-06-85
W. Sacramento Avenue - Annex Dist #19 10-15-85
North Cedar Street - Annex Dist #5 10-15-85
Humboldt Road - Annex Dist #7 10-15-85
Mangrove Avenue - Annex Dist #15 12-17-85
W. 2nd Avenue - Annex Dist #6 12-03-85
Nord Avenue - Annex Dist #9 02-1$-86
Floral Avenue - Annex Dist #9 02-18-86
W. Sacramento Avenue - Annex Dist #20 03-18-$6
Nord Avenue - Annex Dist #10 03--18-86
North Cedar Street - Annex Dist #4 03-1$-86
Cohasset Road - Annex Dist #23 04.01-86
Hooker Oak Avenue - Annex Dist #13 04-15-86
Lupin .Avenue - Annex Dist #1 04-15-86
T,assen Avenue - Annex Dist #1 04-15-86
Mountain View Avenue - Annex Dist #7. 06-03-86
Longtell.ow Avenue - Annex Dist #4 06-03-86
North Avenue - Annex Dist #1 06-03-86
Filbert Avenue - Annex Dist #7 06-03-86
CM 10/30/87 PAGE 3 OF 4 ~~
AMENDED MASTER FROPERTY TAX TRANSFER AGREEMENT
{COUNTY OF BUTTE/CITY 0~' CHICO)
EXHIBIT nArr
SETTING FORTH PROPERTY ANNEXED TO THE CITY OF CHICO
BETWEEN JANUARY 1, 1978 AND DECEMBER 31, 1986
ANNEXATION DISTRICT
W. 2nd Avenue - Annex Dist #7
W. 8th Avenue -- Annex Dist #3
Humboldt Road - Annex Dist #8
Comanche Court - Annex Dist #1
Bidwell Avenue - Annex Dist #2
Manzanita Avenue - Annex Dist #10
Mangrove Avenue - Annex Dist #16
Mangrove Avenue - Annex Dist #1$
W. 2nd Avenue - Annex Dist #$
North Cedar Street - Annex Dist #6
Mangrove Avenue -~ Annex Dist #17
California Park - Annex Dist #1
DATE
ADOPTED BY CITY
07-01-86
0$-05-86
08--05-86
08-05-86
09-02-86
09-02-86
09-02-86
10-28-86
10-28-86
10--28-86
11-04-86
1202-86
EXHIBIT A
CM 10/30/87 PAGE 4 OF 4
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LOCAL AGENCY REIMBURSEMENT AGREEMENT
CEN'i~2AL GHICO REDEVELOPMENT PROJECT AREA
(COUNTY OF BUTTE/GHICO REDEVELOPMENT AGENCY)
THIS AGREEMENT is made and executed in duplicate this 4th
day of November , ].987, by and between the Chico Redevelopment
Agency, a redevelopment agency organized .and existing under and
by virtue of the laws of the State of California (hereinafter
referred to as "Agency") and the County of Butte, a political
subdivision of the State of California {hereinafter referred to
as "County").
W I T N E S S E T H
WHEREAS, Agency, pursuant to the provisions of the Community
Redevelopment Law {California Health and Safety Code Section
33000 et seq.) has prepared and approved a redevelopment plan for
a redevelopment project area located in the central commercial
district of the City of Chico known as the Central Chico Rede-
velopment Project Area, which redevelopment plan has been adopted
by the City Council of the City of Chico; and
WHEREAS, as authorized by the Community Redevelopment Law,
the redevelopment plan for the Central Chico Redevelopment
Project Area provides for the allocation and payment to Agency of
all property taxes received from increases in the assessed value
of real property within such project area subsequent to the
,adoption of such redevelopment plan for the purpose of paying any
ICA 10-30-87
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hand all debts and obligations incurred by Agency to finance
redevelopment within the project area; and
WHEREAS, while of great benefit to the entire Chico communi-
ty, the redevelopment plan for the Central Chico Redevelopment
Project Area will likely cause a financial burden and detriment
to County in that County, while obligated to provide certain
services within such project area, the need for which might
increase when property is mare intensely developed within the
project area, will not be entitled to its full 'share of the
additional property tax revenues generated within the: project
area, the receipt of which may be required by County in order to
fund the services to be provided by it within the project area;
and
WHEREAS, by reason of the aforesaid, Agency and County now
desire to enter into an agreement providing for the payment by
Agency to County of a portion of the property tax revenues
received by Agency from the Central Chico Redevelopment Project
Area which would be appropriate to alleviate the financial burden
and detriment caused to County by reason of said redevelopment
project, all as authorized by Section 33401 of the California
Health and Safety Code.
NOW, THEREFORE, Agency and County agree as follows:
1. Commencing with the 1986/87 fiscal year and in each
fiscal year thereafter, Agency shall pay to County, out of
tax increment revenues allocated to Agency from the Central
Chico Redevelopment Project Area, a sum equal to 700 of the
difference between the amount of property taxes actually
received by County from the Central Chico Redevelopment
ICA 10-30-87
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Project Area during such fiscal year and the amount of
property tax revenues which County would have received from
the Central Chico Redevelopment Project Area for such fiscal
year but for the adoption of a redevelopment plan for the
Central Chico Redevelopment Project Area. Such payment
shall be made by Agency to County within 30 days following
the last day of the fiscal year in which such payment is due
and shall be accompanied by a statement prepared by Agency
setting forth the basis upon which Agency has computed the
amount of such payment; provided, however, that the payment
made by Agency to County for the 1986/87 fiscal year shall
be made within 30 days following the receipt by Agency from
the Butte County Auditor of the tax increments for the
1986/87 fiscal year which have heretofore been impounded by
the Butte County Auditor.
2. This Agreement and the rights of County hereunder shall
constitute an indebtedness of Agency in carrying out the
redevelopment plan for the Central Chico Redevelopment
Project Area and a pledge of tax increments from the Central
Chico Redevelopment Project Area to pay such indebtedness
under the provisions of Section 16 of Article xVI of the
California Constitution and Section 33670-33675 of the
California Health and Safety Cade.
3. County agrees to authorize Agency to subordinate its
interest herein and allow Agency to pledge all or any
portion of the tax increments otherwise payable to County
under this Agreement in order to secure the repayment of
Agency indebtedness incurred for the Project, provided
ICA 10-30-87
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Agency demonstrates, to the reasonable satisfaction of
County, its ability to continue to make the annual payments
due to County under the terms of this Agreement. Nothing in
this Agreement shall give County the right to approve Agency
indebtedness except as Agency may request County to subordi-
Hate its right to payments under this Agreement.
This Agreement shall be effective only upon the dis-
missal of the appeal to the Third District Court of Appeals
from the trial court's decision in the action entitled
14.
County of Butte, et al. v. All Persons Interested in_the
Matter of the Central Chico Redevelopment Plan for the
Central Chico Project Area for_the City of Chico, et al.,
the same being designated Third District Court of Appeals
Action No. 3 Civil C002562.
IN WITNESS WHEREOF, Agency and County have entered into this
Agreement as of the date first above written.
COUNTY OF BUTTE
NOV 4 T9$1
Date
Dat
CA 1.Q-30-87
;/J ne Dolan, Chair
B tte County Board of
Su ervisors
REDEVELOPMENT AGENCY OF THE
CITY OF CHICO
By: Fred Davis, Executive Director
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APPROVED AS TO FORM:
Ro e t G. Boehm, Chico City
Attorney
Authorized Pursuant to City of Chico
,joint City Council/Redevelopment Agency
Resolution Nos. 8788 RRA 5-87
Adopted November 3. 1987 ,~„_
Susan Ro~~, But County
Caunsei
Authorized Pursuant to Butte County Board
of Supervisors Resa3utian #87-267
adapted November 3, 1987
CA 10-30-$7
Page 5 0~ 5
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LOCAL AGENCY REIMBURSEMEN'P AGREEMENT
CF.NmRAr. CHICO REDEVELOPMENT PROJECT AREA
(BUTTE COUNTY MOSQUITO ABATF.MS~1T DISTRICT/
CHTCO REDEVELOPMENT AGENCY)
THIS AGREEMENT is made and executed in duplicate this 4th
day of November 19$7, by and between the Chico Redevelopment
Agency, a redevelopment agency organized and existing under and
by virtue of the laws of the State of California {hereinafter
referred to as "Agency"} and the Butte County Mosquito Abatement
District, a special district organized and existing under and by
virtue of the laws of the State of California {hereinafter
referred to as "District").
W I T N E S S E T H
WHEREAS, Agency, pursuant to the provisions of the Community
Redevelopment Law {California Health and Safety Code Section
33444 et seq.) has prepared and approved a redevelopment plan for
a redevelopment project area located in the central commercial
district of the City of Chico known as the Central Chico Rede-
velapment Project Area, which redevelopment plan has been adopted
by the City Council of the-City of Chico; and
WHEREAS, as authorized by the Community Redevelopment Law,
the redevelapment plan for the Central Chico Redevelapment
Project Area provides for the allocation and payment to Agency of
all property taxes received from increases in the assessed value
CA 14-34-87
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of real property within such project area subsequent to the
adoption of such redevelopment plan for the purpose of paying any
and all debts and obligations incurred by Agency to finance
redevelopment within the project area; and
WHEREAS, while of great benefit to the entire Chico communi-
ty, the redevelopment plan for the Central Chico Redevelopment
Project Area will likely cause a financial burden and detriment
Ito District in that District, while obligated to provide certain
services within such project area, the need for which might
increase when property is more intensely developed within the
project area, wi11 not be entitled to its full share of the
additional property tax revenues generated within the project
area, the receipt of which may be required by District in order
to fund the services to be provided by it within the project
area; and
WHEREAS, by reason of the aforesaid, Agency and District now
desire to enter into an agreement providing for the payment by
Agency to District of a portion of the property tax revenues
received by Agency from the Central Chico Redevelopment Project
Area which would be appropriate to alleviate the financial burden
and detriment caused to District by reason of said redevelopment
project, all as authorized by Section 33401 of the California
Health and Safety Code.
NOW, THEREFORE, Agency and District agree as follows:
1. Commencing with the 19$6/87 fiscal year and in each
fiscal year thereafter, Agency shall pay to District, out of
tax increment revenues allocated to Agency from the Central
Chico Redevelopment Project Area, a sum equal to 700 of the
ICA 10-30-87
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2
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difference between the amount of property taxes actually
received by District from the Central Chico Redevelopment
Project Area during such fiscal year and the amount of
property tax revenues which District would have received
from the Central Chico Redevelopment Project Area for such
fiscal year but for the adoption of a redevelopment plan for
the Central Chico Redevelopment Project Area. Such payment
shall be made by Agency to District within 30 days following
the last day of the fiscal year in which such payment is due
and shall be accompanied by a statement prepared by Agency
setting forth the basis upon which Agency has computed the
amount of such payment; provided, however, that the payment
made by Agency to District for the 1986/87 fiscal year shall
be made within 30 days following the receipt by Agency from
the Butte County Auditor of the tax increments for the
1.986/87 fiscal year which have heretofore been impounded by
the Butte County Auditor.
2. This Agreement and the rights of District hereunder
shall constitute an indebtedness of Agency in carrying out
the redevelopment plan for the Central Chico Redevelopment
Project Area and a pledge of tax increments from the Central
Chico Redevelopment Project Area to pay such indebtedness
under the provisions of Section 16 of Article XVT of the
California Constitution and Section 33670-33575 of the
California Health and Safety Cade.
3. District agrees to authorize Agency to subordinate its
interest herein and allow Agency to pledge all or any
portion of the tax increments otherwise payable to District
ICA 10-30-87
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2S
under this Agreement in order to secure the repayment of
Agency indebtedness incurred for the Project, provided
Agency demonstrates, to the reasonable satisfaction of
District, its ability to continue to make the annual pay-
ments due to District under the terms of this Agreement.
Nothing in this Agreement shall give District the right to
approve Agency indebtedness except as Agency may request
District to subordinate its right to payments under this
Agreement.
4. This Agreement shall be effective only upon the dis-
missal of the appeal in the Third District Court of Appeals
from the trial court's decision in the action entitled
Countv of Butte. et al. v. All Persons Interested in the
Matter of the Central Chico Redevelo ment Plan for the
Central Chico Project Area for the City_ of Chico, et al.,
the same being designated Third District Court of Appeals
Action No. 3 Civil C002562.
IN WITNESS WHEREOF, Agency and District have entered into
this Agreement as of the date first above written.
BUTTE COUNTY MOSQUITO ABATEMENT
DISTRICT
NOV 4 19$7
Date
~~ ~
,Date
~cA io-~o-s~
By: William Ha eltine, Manager
REDEVELOPMENT AGENCY OF THE
CITY OF CHICO
By: Fr Davis, Executiv Director
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~utlaorized Pursuant to City of Chico
Joint City Ca~€ncil/redevelopment Agency
Resolution f~os. 49 87-8$/RDA 5-57
Adopted _. November 3.x,.,1987 ,,.,.,,._
Susan Roff, But e County
Counsel
~.rrs~.~ratrt to- -But-t-~ ~vurr#.y
-o-f ~~no-r~s- ~e~syo-k~ i~r ~&7 2-Er~
Authorized Pursuant to Motion of the
Board ofi Directors of the Butte County
Mosquito Abatement District at a Special
Meeting held on November 2, 1987.
ICA 1.13-3a-s~
Page 5 of 5
(APPROVED AS TO FORM: