2001-116-A Joint Resolution Of The Town And Redevelopment Agency Of Los Gatos Authorizing The Town Manager Toe Execute A Settlement Agreement And Mutual ReleaseRESOLUTION 2001-116
A JOINT RESOLUTION OF THE TOWN AND REDEVELOPMENT AGENCY
OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
WHEREAS, Revenue and Taxation Code Sections 95 through 100, Health
and Safety Code Section 33670 et seq., and other applicable California law requires that
the County collect property taxes and apportion them to the Tax Allocation Parties; and
WHEREAS, In 1997, the County began an internal review and recalculation
of its apportionment of property taxes to the Tax Allocation Parties; and
WHEREAS, The County represents that the audit was based on the best
available information and required extrapolation of some information; and
WHEREAS, After completing the financial review and recalculation on
December 15, 2000, the County determined that approximately .06% of the property
taxes collected and apportioned to the Tax Allocation Parties for the recalculation
period should have been apportioned in a different manner; and
WHEREAS, The revised property tax allocation showed over payments of
property tax to some of the Tax Allocation Parties and under payments to some of the
Tax Allocation Parties, representing an exact correspondence between amounts over
and under paid to the Tax Allocation Parties;and
WHEREAS, The County represents it did not keep or retain any of the
property tax funds that were under or over paid to the Tax Allocation Parties; and
WHEREAS, The County and Tax Allocation Parties have a dispute about
whether the County is liable for additional tax payments to underpaid Tax Allocation
Parties and whether the County can recover excess tax payments from over paid Tax
Allocation parties; and
WHEREAS, The County and Tax Allocation Parties agree and acknowledge
that litigation to establish the Tax Allocation Parties rights and liabilities for under
payments and over payments would be protracted, expensive, uncertain, and contrary
to the public interest;
RESOLVED, jointly by the Town Council of the Town of Los Gatos and the
Board of Directors of the Town's Redevelopment Agency that the Town Manager is
authorized, and is hereby directed, to execute said settlement agreement and mutual
release in the name and on behalf of the Town of Los Gatos and the Town of Los Gatos
Redevelopment Agency.
PASSED AND ADOPTED at a j oint meeting ofthe Town Council of the Town
of Los Gatos and the Board of Directors of the Redevelopment Agency of Los Gatos,
California, held on the 15t" day of October, 2001, by the following vote:
COUNCIL MEMBERS/AGENCY BOARD:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor/Chair Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
JOR/C N
TOWN OF LOS GATOS
LOS GATOS REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA
ATTEST:
CLEREJSECRETARY
TOWN OF LOS GATOS
LOS GATOS REDEVELOPMENT AGENCY
LOS GATOS, CALIFORNIA