HomeMy WebLinkAboutORD NO 3543ORDINANCE NO. ~ ~4 3
AN ORDINANCE ADDING CHAPTER 3.30 TO
THE BAKERSFIRT.~ MUNICIPAL CODE
RELATING TO IN-LIEU TAXES.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
Section 1.
Chapter 3.30 is hereby added to the Bakersfield Municipal
Code to read as follows:
Sections:
3.30.010
3.30.020
3.30.030
CI'.',AP'~.'~f,K 3.30
Definitions.
Municipal utilities designate~.
Payments by municipal utilities in-lieu of taxes.
3.30,010 Definitions.
Whenever used in this chapter, unless a different meaning
clearly appears from the context, the words set forth in this
section shall have the following meanings:
City of
chapter.
A. "Municipal utility" means a utility owned by the
Bakersfield as set forth in Section 3.30.020 of this
3.30.020 Municipal utilities designated.
The current municipal utilities of the city are as
follows:
A. Agriculture water division, an operating division of
the water and sanitation department.
B. Domestic water division, an operating division of
the water and sanitation department.
C. Sanitation division, an operating division of the
water and sanitation department.
D. Wastewater treatment division, an operating division
of the public works department.
E. Airpark division. an operating division of the
public works department.
F. Parking division, an operating division of the
economic and community development department.
G. Any future municipal utility created by the city.
3.30.030 Payments by municip&l utilities in-lieu of taxes.
A. In any fiscal year, a municipal utility may be
required to pay to the city, in lieu of property taxes, other
taxes, franchise fees and other fees and other associated costs of
doing business normally placed upon private business and public
utilities, an amount designated the City Council. Such amount
shall not be limited by limitations placed on such taxes and fees
by state law for private businesses and public utilities. Such
amounts may include fees which reflect the difference between the
interest rate paid by a municipal utility and the rate such utility
would pay if it were a non-municipal utility, which difference is
due to the city assuming additional financial risk on behalf of
such municipal utility.
B. The amount, if any, of said in-lieu tax shall be set
by resolution of the City Council prior to July 1 of any fiscal
year in coordination with adoption of the City's annual budget.
SECTION 2.
This ordinance shall be posted in accordance with
provisions of the Bakersfield Municipal Code and shall become
effective thirty (30) days from and after the date of its passage.
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I ~E~R¥ CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on JUN 09 Nq~ , by the following vote:
AYES: COUNCILMEMBERS' EDWARDS, DeMOND, SMI ~T~I,~, KANE. ~ SALVAGGIO
NOES: COUNCtLMEMt2ERS ~ [~ ~ ~ ~ ~ ~ y~(
ABSENT COUNCILMEMBERS: ~.~ ~
ABSTAIN COUNCILMEMBERS' l~c~Y',e_
CIT~ CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN ~ 9 1993
BOB PX:~I
MAYOR of the City of Bakersfield
APPROVED as to form:
L~WR~CE M. LUNA~DIt~I
CITY ATTORNEY of the City of Bakersfield
LCM/meg
IN-LIEU1.O-5
4/28/93
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
CAROL WILLIAMS, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk
of the City of Bakersfield; and that on the 14th day of June,
1993 she posted on the Bulletin Board at City Hall, a full, true
and correct copy of the following: Ordinance No. 3543, passed by
the Bakersfield City Council at a meeting held on the 9th day of
June, 1993, and entitled:
By:
/s/ CAROL WILLI~4S
City Clerk of the City of Bakersfield