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HomeMy WebLinkAboutRES NO 101-95I SOLUTION NO. I 0 I ' 9 $ A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF PROPERTY TAX REVENUES UPON LOCAL AGENCY JURISDICTIONAL CHANGE RESULTING FROMANNEXATION NO. 385, LAFCO PROCEEDING NO. 1189, KINGSLEY NO. 1 ANNEXATION (WARD 7). WHEREAS, Section 99 of the Revenue and Taxation Code (enacted by Chapter 282, amended by Chapter 1161, Statues of 1979) provides that prior to the effective date of any local agency jurisdictional change, other than a city incorporation or formation of a new district as defined in Section 2215 of the Revenue and Taxation Code, the governing bodies of all agencies whose service areas or service responsibilities would be altered by such change shall determine the amount of property tax revenues to be exchanged between and among such affected agencies; and WHEREAS, Section 99(b) of the Revenue and Taxation Code provides that no such jurisdictional change may become effective until each county and city included in such negotiation agrees, by resolution, to accept the negotiated exchange of property tax revenues; and WHEREAS, Section 99(b) of the Revenue and Taxation Code further provides that in the event that such a jurisdictional change affects the service area or service responsibility of one or more special districts, the Board of Supervisors of the County in which such district or districts are located shall, on behalf of the district or districts, negotiate any exchange of property tax revenues; and WHEREAS, the Kern County Local Agency Formation Commission has requested that the Kern County Board of Supervisors and the City Council of the City of Bakersfield determine property tax revenues which should be exchanged between and among the local agencies involved in the pending jurisdictional change identified as: CITY OF BAKERSFIELD Annexation No. 385, LAFCO Proceeding No. (KINGSLEY NO. 1 Annexation); 1189, and WHEREAS, the County Administrative Officer, on behalf of the Board of Supervisors, and the City Manager, on behalf of the City Council of the City of Bakersfield, have examined and conferred regarding the Notice of Filing regarding LAFCO Proceeding No. 1189, and found and reported to their respective governing bodies the determinations set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That, provided the Board of Supervisors of the County of Kern adopt a resolution concurring in determination made herein, a determination is hereby made that there will be no transfers of service responsibilities to the City of Bakersfield from local agencies currently deriving general property tax revenues from the area of the proposed City of Bakersfield Annexation No. 385 by reason of such annexation, except as follows: County of Kern General Fund ...... Partial (37.5000%) County of Kern Fire Fund ......... Full and, accordingly, that 37.5000 percent of all property tax revenues (both base and factor) which accrue within the tax rate areas comprising the proposed City of Bakersfield Annexation No. 385 for fiscal year 1995-96 and thereafter should be transferred to the City of Bakersfield as follows: From County of Kern General Fund, that portion determined by using the following formula: The total property tax revenues received by the City of Bakersfield (A) plus the total property tax revenues received by the County of Kern from within the City of Bakersfield (B), divided by the property tax revenues received by the City of Bakersfield (A) equals the property tax percentage (C). The property tax revenues received by the County of Kern General Fund from the proposed annexed area (D) are multiplied by the property tax percentage (C), which equals the property tax to be received by the City of Bakersfield for the annexed area (E). (A + B) + A = C% D x C% = E It is estimated that the amount that would have been transferred for the fiscal year 1995-96 is as follows: Tax Rate Area 059-027 Kern County General Fund Current Entitlement Transfer to City "Base Amount" % Annual Tax "Increment" $1,017.92 $381.72 19.9137% 7.4676% Fire Fund "Base Amount" % Annual Tax "Increment" $ 470.59 $470.59 9.5135% 9.5135% - 2 - From Kern County Structural Fire Protection Area, the entire amount of the property tax revenues currently collected on behalf of the Kern County Structural Fire Protection Area from the area of the proposed annexation will be paid to the City of Bakersfield. 2. That if a master property tax exchange agreement between the Kern County and the City of Bakersfield is executed within 90 days of the approval of this annexation by the Kern Local Agency Formation Commission, the above determined transfer of property tax revenues shall be modified to be consistent with the property tax exchange provision of said agreement. 3. The Clerk of the City of Bakersfield is directed to inform the Board of Supervisors of the County of Kern, the managers of service areas named herein, the Kern County Local Agency Formation Commission, and the Kern County Auditor-Controller of the aforesaid determination by transmittal to them of certified copies of this resolution. ......... o0o ......... - 3 - I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on 4UN 14 %9~ , by the following vote: NOES: COUNCILMEMBER ABSTAIN: COUNCiLMEMBER ABSENT: COUNCILMEMBER AYES; COUNCILMEMBER DeMOND, CARSON, ~ITH, McDERMOTI', i=~ES, CHOW, SALVAGGIO CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 14~95 BOB PR~ MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY'S OFFICE JUDY K. SKOUSEN City Attorney - 4 - PARCEL MAP NO. 6617 II) "t IL ISMAN RADIANCE $$ DR/I, £ D~/VE DRIVE AVENUE DRIVE ANNEXATION OF' KINOSLEY No, I 1'O THE CiTY OF IAKIrlISFI[LO SCALE: EXHIBIT "B" M~IEXATION NO. ~5