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HomeMy WebLinkAboutRES NO 184-94RESOnUTION NO. ! $ 4 - 9 4 A RESOLUTION PROVIDING FOR THE AD~.JSTMENT OF PROPERTY TAX REVENUES UPON LOCAL AGENCY JURISDICTIONAL CHANGE RESULTING FROM ANNEXATION NO. 380, LAFCO PROCEEDING NO. 1178, CAI.I.OWAY NO. 6 ANNEXATION (WARD 4). V~IER~AS, 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 pro- vides 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 BAKERSFI~.D Annexation No. 380, I,~FCO Proceeding No. 1178, (Calloway No. 6 Annexation); 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. 1178, 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 serving in the area of the proposed City of Bakersfield OR;C~i~'AL Annexation No. 380 by reason of such annexation, except as follows: County of Kern General Fund ........... Partial (45. 4986%) and, accordingly, that 45. 4986 percent of all property tax revenues (both base and factor) which accrue within the tax rate areas comprising the proposed City of Bakersfiald Annexation No. 380 for fiscal year 1994-95 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% DxC%=E It is estimated that the amount that would have been transferred from the Kern County General Fund for the fiscal year 1994-95 is as follows: Kern County General Fund Current Entitlement Tax Rate Area 070-005 Annual Tax "Factor" 20.3337% 9.2515% Tax Rate Area 070-020 Annual Tax "Factor" 19.8460% 9.0297% TaxRate Areal16-00? Annual Tax "Factor" 19.8460% 9.0297% The amounts to be transferred in future years shall be determined in the same manner using then current "base" and "factor" figures. From Kern County Structural Fire Protection Fund, the entire amount of the property tax revenues collected on behalf of the Kern County Structural Fire Fund for the tax rate areas of the proposed annexation will remain with the County of Kern only because they do now and will continue to provide fire protection service to those areas pursuant to a Joint Powers Agreement with the City. - 2 - O,R,G. 2. 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 determined by transmittal to them of certified copies of this resolution. IHI~REBY C P.R T n~g that the foregoingResolution was passedandadopted by the Council of the City of Bakersfield at a regular meeting thereof held on November 16, 1994, by the following vote: AYES: COUNCILMEMBERS McDERMOTT, EDWAR~),~De3}:,~D, Sh~!TH, ['. ~UN~I;, "- '~ I,. ~%, SALVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ~L"~£ ABSENT: C,,QUNCII,,MEMBER~. 'u"~)'K J~. . Council of the City of Bakersfield NOV 1 6 199~ APPROVED APPROVED as to form: CITY ATTORNEY'S OFFICE //JUDY K. ~KOUSI~N / city ^tt?ney