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HomeMy WebLinkAboutORANGE COUNTY FIRE AUTHORITY (OCFA) (4)Return ORIGINAL executed copy to COTC, M-30 A-2019-156-01 INSURANCE NOT RE URED WORK NIAY PROCEED CLERK Of COUNCIL 4: Wore. C � 0Alit, �btunlw it i d Structural Fire Fund Property Tax Transfer Agreement THIS STRUCTURAL FIRE FUND PROPERTY TAX TRANSFER AGREEMENT (t ��s� Agreement") is made and entered into thisZday of 210� by and between the ORANGE COUNTY FIRE AUTH RI Y, a Joint Powers Agency (hereinafter referred to as the "OCFA") and the CITY OF SANTA ANA, a municipal corporation of the State of California and a charter city (hereinafter referred to as the "City"). The OCFA and the City are sometimes hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, the County of Orange (the "County") is a member of the OCFA, and the OCFA provides fire protection and suppression services in the County's unincorporated areas; and WHEREAS, the County receives the Structural Fire Fund portion of property taxes levied by the County; and WHEREAS, pursuant to the Joint Powers Agreement governing the OCFA, the County is required to provide all Structural Fire Fund property tax revenue it receives to the OCFA; and WHEREAS, the OCFA previously provided fire protection and suppression services in the unincorporated area of the County known as the 17a' Street and Tustin Unicorporated Island and depicted on Assessors's Parcel Number Map attached hereto and incorporated herein by reference (hereinafter, the "Territory") and has been receiving from the County the Structural Fire Fund portion of the property tax revenue generated within the Territory (Tax Rate Area(s) 89-013 and 89-022); and WHEREAS, on or about November 13, 2019 the City annexed the Territory, and on or about December 13, 2019 the City assumed responsibility for providing fire protection and suppression to the Territory; and WHEREAS, pursuant to the annexation, the City and the County entered into a property tax exchange agreement, which provides that the City shall receive one hundred percent (100%) of the Structural Fire Fund property tax revenue generated within the Territory following the annexation; and WHEREAS, commencing with Fiscal Year 2019/2020, the Structural Fire Fund portion of the property tax revenue attributable to the Territory will be allocated and distributed by the County to the City; and 1 1457116.1 WHEREAS, Pursuant to the City's Fire Services and Emergency Medical Services Agreement with OCFA, the City has agreed to pass through to OCFA any Structural Fire Fund revenues that exist at the time the City annexes any Structural Fire Fund territory. Such pass -through revenues shall be adjusted by any diminution or growth in value of the annexed area occurring thereafter. It is the intention of the Parties that City annexations have no adverse financial effect on the OCFA. AGREEMENT NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. Pass -Through Amount. Commencing with Fiscal Year 2019/2020, and continuing until this Agreement is terminated pursuant to paragraph 3, the City shall pass through to the OCFA the equivalent of the City's portion of the Structural Fire Fund revenues that would have been received by the OCFA had the City not annexed the Territory. This pass -through amount shall be calculated annually using the following formula: Value x Basic Levy x SFF Rate = Pass -through Amount Value = Net Total Assessed Value of the annexed territory as reported by the County Assessor for the then current tax roll year. Basic Levy = 0.01 SFF Rate = The Structural Fire Fund rate for Tax Rate Area(s) 89-013 or 89-022. 2. Payment to OCFA. OCFA will invoice the City twice annually for fifty percent (50%) of the pass -through amount. The first invoice will be sent on or before January 1 and the second invoice will be sent on or before May 1 each year. Payment by City will be due within thirty (30) days of the invoice date. 3. Termination. This Agreement shall remain in full force and effect unless and until: (a) both Parties agree in writing to terminate this Agreement at the end of the then current fiscal year•, or (b) the City ceases to be a member of the OCFA. 4. Amendments. This Agreement may be amended only with the mutual consent of the Parties by an instrument in writing. 5. Miscellaneous. a. This Agreement shall be interpreted in a manner complementary to the OCFA Amended Joint Powers Agreement and to the City's Fire Services and 1457116.1 Emergency Medical Services Agreement with the OCFA, in their current forms or as those agreements may be further amended, extended, or replaced from time to time. In the event of any conflict, the aforementioned agreements, in their current forms or as those agreements may be further amended, extended, or replaced, shall govern. b. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one of the same document. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. CITY OF SANTA ANA a municipal co oAra ' n s I L-A JCL A. PULIDO , City of Santa Ana ATTEST: City Clerk ORANGE COUNTY FIRE AUTHORITY A Joint Powers Agenc Shelley asselbrink Chair, OCFA ATTEST: Martha Halvorson Acting Clerk of the Authority I i Ij� • • I r'A_._R§4— �� David E. Kendig General Counsel 1457116.1 ATTACHMENT Assessor's Parcel Number Map 4 1457116.1 17th & Tustin Annexation Assessor Parcels 1941 N � N N N E LENITA LN 1 2014 2013 2010 2009 2006 2005 2002 2001 k1377113'772 13741 13742 13751 13752 13761 13762 13771 13772 13791 Q 13792 13791 13792 Z 13801 < 13802 13801 13802 m a 13812 13811 13811 13812 F N 13821 13822 13821 13822 a N O w 13831 MEDFORDAV 13832 C 13842 1 13852 LL 1 h a 3862 13871 O W 13862 1 W G • t Fa- N O U 13881 13892 13892 1 1 13911 13912 1 13862 I 3922 13931 1 13942 1 13971 �.... E 17TH ST S N N N 1601 1 1 N N n i 1 I 1 17CH ST ---------------- ED Parcels Within Annexation l_.._! Post -Annexation City Boundary `® a! Pre -Annexation City Boundary 1