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CC Resolution 11320RESOLUTION NO. 11320 Resolution of the City Council of the City of Campbell Approving an Agreement with the City of San Jose to Annex County Territory Known as Cambrian No. 36 and Authorizing the Interim City Manager to Execute an Agreement WHEREAS, the City of Campbell has heard from and received petitions from the majority of the residents of the County Pocket known as Cambrian No. 36 through the public meeting process; and WHEREAS, such residents have indicated a strong desire to be annexed into the City of Campbell; and WHEREAS, Cambrian No. 36 is currently in the "Sphere of Influence" of San Jose, thus, requiring an authorization to allow Campbell to annex such territory; and WHEREAS, the City of San Jose is willing to grant such authorization under the terms of a negotiated agreement with the City of Campbell; and WHEREAS, based on a fiscal analysis of the cash flows related to this opportunity, it was determined that annexing the territory would be revenue/cost neutral to the City; and WHEREAS, the Campbell City Council believes it is in the best interest of the City to annex the Cambrian No. 36 territory. NOW, BE IT RESOLVED, by the City Council of the City of Campbell, that the following major terms of agreement with the City of San Jose are hereby approved: 1. Campbell will make an initial guaranteed base payment of $199,000 for 5 years, subject to the provisions below. 2. Beginning in Year 6, and every 5 years thereafter, through the term of this agreement, the cities will determine the actual change in net revenue during the past 5 year period. This change shall equal the difference between 1) the percentage increase (decrease) in revenues associated with the Cambrian 36 pocket and 2) CPI change for All Urban Consumers, for the month of February. 3. After the initial 5 year term, the net revenue change will be shared 50% to afford each city an equal share in any gains or losses accruing from future changes in net revenues. 4. For years 6-40, payment will be adjusted by the net revenue change since the previous calculation, unless such payment amount is negative, in which case no payment will be made for the next 5 year period. 5. If at any time between the 5 year calculation period the hotel, located at 1300 Camden Ave., or gas station, located at 1370 Camden Ave., ceases operations or otherwise stops generating tax revenue, a revised calculation, using actual or estimated revenue, will be performed, no later than the end of the fiscal year in which this event occurred and an adjustment to the base payment will be made Adopt Resolution of Agreement with City of San Jose Page2of2 accordingly. The revised calculation will be used, effective the following July 1, until the next 5 year calculation is due. Should a new business replace either of these two businesses, a new calculation will be performed as soon as a full year of tax revenue is known by Campbell and an adjustment to the base payment will be made. 6. If any new business is established, which did not exist at the time of annexation to Campbell, and generates more than $50,000 in tax revenue, a revised calculation will be performed to adjust the base payment, effective the following July 1, until the next 5 year calculation is due. 7. Over a period of 40 years, Campbell anticipates it will need to perform at least two street maintenance treatments to maintain the roadway and appurtenances at a level commensurate with their existing pavement condition levels. In today's dollars, this is estimated to cost $3.3 million. Over the next 40 years, the cost is certain to increase considerably. In order to recognize this significant future expenditure, Campbell will be entitled to a credit in its annual payment to San Jose of $30,000 beginning July 1, 2021 increasing to $40,000 in 2031 and $50,000 in 2041 for the duration of this agreement. These credits will be applied after the 5 year calculation is performed but cannot reduce the annual payment amount below $0. 8. The term of this agreement will be for a total of 40 years after which time all payments and obligations of the City of Campbell to the City of San Jose will be completed in full. BE IT FURTHER RESOLVED, that the Interim City Manager is authorized to execute an agreement with the City of San Jose that adheres to the major terms enumerated in this resolution and proceed with the annexation process. PASSED AND ADOPTED this 2"d day of August, 2011, by the following roll call vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ATT T: Anne Bybee, City Clerk Waterman, Low, Cristina, Kotowski, Baker None None APPROVED: son T. Baker, Mayor Attachment 2 ~~~ ~, UN~,ON ~~~~~~~ I ~` .. ~. ~~. r ~i o0 i 's ~~~~5 ~i ~ ~ ~~ ~. /~ \ii ~ N ~ ~ j V ~ ~ ~ a +~ ~ C ~o i M ~ ~ ~ ±' ~f0 Q i 0F'~L ~ 4 J 4 ~ ~~ tC , ~ V "o 0 ..- ~~ W T z of j:J r _~ 1 _~ n ~'1PJIl~` ~,~';~ t „~ C ,~H ~lb'13 _ _ C 1,~N ~1b1S 38Wi1 ~ ~uamq~~:~~T ~} Q O Or^P~ ~'~ gP ~ ~ °~' N ~ ~a z -~ Q. a ° - v ~ ~ ~~ a_ ~ . ~ ~ ~ ~ o ~~ ~ fJtJUJ~~OH S'~b G~1~yM