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HomeMy WebLinkAboutRES NO 142-93RESOLUTION NO. i~. 4 2" 9 3 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF PROPERTY TAX REVI{NUES UPON LOCAL AGENCY JURISDICTIONAL CHANGE RESULTING FROM ANNEXATION NO. 3?6, LAFCO PROCEEDING NO. 1139, COIJ,EGE NO. 5 ANNEXATION (WARD 3). 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 localagency 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 behaif 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. 376, LAFCO Proceeding No. 1139, (College No. 5 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. 1139, 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 although certain transfers of service responsibility will occur, because all of the property within Annexation No. 376 (College No. 5 Annexation) is currently publicly owned being a school site owned by the school district there are no property taxes subject to division between the county and the city. 2. That in the event the annexed property passes into private ownership that property tax revenue which may accrue within the tax rate areas comprising the proposed City of Bakersfield. 3. Annexation No. 376 for fiscal years after passing into private ownership should be transferred to the City of Bakersfield in accordance with whatever formula for division of the general fund and fire fund the city and county are then using for annexations done in that year. 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. ......... o0o ......... -2- ORIGINAL I I-IF_~J~BY CI~RTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 2 5 ~4!t_% , by the following vote: AYES: COUNCILMEMBERS McDERMOTT, EDWARDS, D~MOND, ~ BRUNNI, ROWLES, SALVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS . CITY CLI~RK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG ~ 5 1~3 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI City Attorney ~ Chief Assistant City Attorney MO/pjt -3- ORIGINAL COLLEGE AVENUE / / /' (?) (?) P. O. B. (4) (3) (2) / / ,, -. ANNEXATION OF COLLEGE No. 5 ~ ~ ....... EXISTING CORe'OR AT£ ~ ~ ~ FOR COUNCIL'S INF©. ONLY