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HomeMy WebLinkAboutRES NO 7-93RESOLUTION NO. 7-93 A RESOLUTION PROVIDING FOR THE ADJUSTMENT OF PROPERTY TAX REVENUES UPON LOCAL AGENCY JURISDICTIONAL CHANGE RESULTING FROM ANNEXATION NO. 371, LAFCO PROCEEDING NO. 1128, BRUNDAGE NO. 4 ANNEXATION (WARD 1). 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 beco]ne 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. 371, LAFCO Proceeding No. 1128, (Brundage No. 4 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. ! 128, and found and reported to their respective governing bodies the determinations set forth in this resolution. ORIGINAL 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 Annexation No. 371 by reason of such annexation, except as follows: County of Kern General Fund .... Partial and, accordingly, that property tax revenues which may accrue within the tax rate areas comprising the proposed City of Bakersfield Annexation No. 371 for fiscal year 1993-94 and thereafter should be transferred to the City of Bakersfield as follows: From County of Kern General Fund, that portion determined by multiplying the property tax revenues received by the County of Kern General Fund from the area of the proposed annexation in fiscal year 1992-93 by the quotient determined by dividing the amount of property tax revenues received by the City of Bakersfield in fiscal year 1992-93 by the sum of the amount of property tax revenues received by the County of Kern General Fund from within the City of Bakersfield in fiscal year 1992- 93 plus the amount of property tax revenues received by the City of Bakersfield in fiscal year 1992-93. 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. ......... 000 2 ORIGINAL 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 January 6, 1993 by the following vote: COUNCILMEMBERS EDWARDS, ~SENT COUNCfL~ERS: ~D~, A~STAIN COUNCILMEMBERS ~ CITY CLERK and Ex Officio G~erl~ of the Council of the City of Bakersfield APPROVED January 6, 1993 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATYORNEY of the City of Bakersfield pit a:ccl.gpa ORIGINAL EXHIBIT "A" BRUNDAGE NO. 4 ANNEXATION NO. 371 A parcel of 29 South, California, land situated in the South 1/2 of Section 33, Township Range 28 East, M.D.M., County of Kern, State of being more particularly described as follows: Commencing at the west 1/4 corner of said Section 33; Thence North 89'29'40" East along the mid-section line of said section, a distance of 1162.19 feet to a point on the easterly right of way line of the Southern pacific Railroad, Asphalto Branch, said point being on a non-tangent curve, concave northwesterly, with a radius of 11,429.954 feet and a radial bearing of North 64'35'20" West; THENCE Southwesterly, along said right of way curve, through a central angle of 00'10'01" an arc distance of 33.304 feet to a point on the south right of way line of Virginia Avenue (Co. Rd. No. 465), said point also being on the existing corporate boundary of the City of Bakersfield and being the TRUE POINT OF BEGINNING; THENCE (1) departing from said corporate boundary, North 89'29'40" East, along said street right of way line, 1451.91 feet to a point on the west right of way line of Washington Avenue (86 foot wide roadway); THENCE (2) South 00'01'37" West along said west right of way line, 1291.01 feet to a point on the north line of the south 1/2 of the south 1/2 of said Section 33; THENCE (3) North 89'30'39" East, along said north line, 1322.21 feet to a point on the west right of way line of Industrial Street (Co. Rd. No. 1752 & No. 2450); THENCE (4) South 00'00'24" East, along said west right of way line, 1291.22 feet to a point on the north right of way line of Brundage Lane /Co. Rd. No. 547) also being a point on the existing corporate boundary of the City of Bakersfield; THENCE (5) Westerly and Northerly along said corporate boundary line to the point of beginning. Containing 135.60 Acres (more or less) DS:ANN-371 RTY:wrn ORIGINAL 5) (5) (4) (5) ANNEXATION NO, ~L NE~OLUTION NO. ANNEXATION OF i BRUNDAGE No. 4 TO THE CITY OF SAKERSFIELD 2oo o ~oo 4oo ~Oo EXHIBIT "B" BILL J. JACKSON Auditor-Controller NANCY J. JACKSON -- AudlUng EDWARD E. JOHNSTON -- Spec. Ag~tg. VICKi / BUCHANAN -- Gert. Ac©lg. December 10, 1992 (eO6) FAX (eO6) DEC 1 1 lfi ' CITY OF BAKERSFIFJED PLANNING DEPARTMenT . , Kern County Administrative office 1415 Truxtun Ave., 7th Floor Bakersfield, CA 93301 REVISED Gentlemen: In accordance with Section 99 of the Revenue and Taxation Code, your Agency is subject to a service area or service responsibility change due to an annexation proposal filed with the Local Agency Formation Commission by the City of Bakersfield and assigned Proceeding No.1128 to City of Bakersfield Annexation #371. The estimated amount of property tax revenue generated within Tax Rate Area 056-055 during the current fiscal year which is attributable to your agency is as follows: Taxes Factor General Fund $ 30,109.80 32.5489% Fire Fund $ 8,807.99 9.5215% A 30 day negotiation period starts December 11. 1992, and all tax revenue exchanges must be adopted by Agency Resolution by January 11. 1993. If the negotiations are not completed within the 30 day period, the annexation proceedings are terminated and must be refiled with LAFCO. If your Agency has any questions as to the tax revenues or increment factor, please contact my office at (805)861-2335. Very truly yours, AKB/ksb RECEIVED DEC 1 1 1992 FINANCE DEPT. BILL J. JACKSON AUDITOR-CONTROLLER By Ann K. Barnett Property Tax Accountant City of Bakersfield - Carol Williams. City Clerk~ LAFCO ORIGINAL