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HomeMy WebLinkAboutRES NO 136-86RESOLUTION NO. 136-86 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDER- STANDING BETWEEN THE CITY OF BAKERSFIELD, THE COUNTY OF KERN AND THE CALIFORNIA DEPARTMENT OF COMMERCE. WHEREAS, the City of Bakersfield and the County of Kern have jointly applied for designation of a portion of Southeast Metropolitan Bakersfield as an "enterprise zone" in accordance with the Employment and Economic Incentive Act of 1984 as amen- ded; and WHEREAS, conditional designation has been awarded to the City of Bakersfield and the County of Kern by the California Department of Commerce; and WHEREAS, final designation and the availability of the state provided financial incentives is dependent on the City and County meeting specified conditions; and WHEREAS, one of the conditions for "enterprise zone" designa- tion is a Memorandum of Understanding executed by the City of Bakersfield and County of Kern and the California Department of Commerce, outlining commitments by the City and County for con- tinued efforts to implement the local incentives indicated in the Final Application for designation under the Employment and Economic Incentive Act of 1984 as amended, submitted on November 5, 1985; and WHEREAS, those local incentives have been formalized and sum- marized and included in a Memorandum of Understanding supplied to the City of Bakersfield and the County of Kern by the California Department of Commerce; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DOES HEREBY RESOLVE AS FOLLOWS: ~. The City Council hereby finds the terms and conditions of the proposed Memorandum of Understand to be in accordance with its efforts to implement an "enterprise zone" in Southeast Metropolitan Bakersfield and approves and authorizes execution of the Memorandum of Understand by the appropriate individuals 2. The executed Memorandum of Understanding (MOU) should be forwarded to the County of Kern and the California Department of Commerce for their execution. I HEREBY CERTIFY that the adopted by the Council of the foregoing Resolution was passed and City of Bakersfield at a regular meeting thereof held on the 10th day of September , 1986, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 10th day of September , 1986 MAYOR of the City o~/Bakersfield APPROVED as to form: C~Y~AT//~N~EY~f~he City of Bakersfield 5:R.MOU1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BAKERSFIELD, THE COUNTY OF KERN, AND THE CALIFORNIA DEPARTMENT OF COMMERCE LEGAL AUTHORITY The City of Bakersfield and the County of Kern, hereafter known as the "applicants" have proposed the designation of a program area pursuant to Section 7085 of the California Government Code, with the purpose of stimulating and maintaining employment and investment in this economically depressed area. The program area is the area generally defined on the map attached to and made a part of this agreement. The California Department of Commerce has reviewed the Applicant's proposed program area designation pursuant to California Government Code Section 7085 and Administrative Code Section 5210, and has granted a conditional approval of this designation. BACKGROUND The Employment and Economic Incentive Program provides for the designation of nine areas of California for a fifteen year period. The State of California has agreed to provide certain incentives to businesses located within these areas as specified in Sections 17052.13, 17053.11, 17231, 17265, 17276.5, 23612, 24333, 24356.3, and 24417 of the California Revenue and Taxation Code with the purpose of stimulating new investment and employment in said areas. The California Department of Commerce awarded conditional designation to the Southeast Metropolitan Bakersfield area, including portions of unincorporated Kern County, based upon a joint application of the City of Bakersfield and the County of Kern to the Department which committed the applicants to encourage and facilitate job maintenance and business and job development in distressed and declining areas of the City and County through a series of local incentives, projects, and programs. Pursuant to Sections 5228 and 5229 of the California Administrative Code, the Department of Commerce has notified the applicants of their conditional designation, specified the conditions which must be met prior to the award of final designation, and set a deadline of September 24, 1986 for those conditions to be met. Certain conditions specified by the Department of Commerce, based upon the proposal of the applicants to the Department, pertain to incentives, programs and projects which, by their nature, are long term efforts on the part of the applicants to revitalize the Southeast Metropolitan Bakersfield area. STATEMENT OF PURPOSE The California Department of Commerce, the City of Bakersfield and the County of Kern enter into this agreement for the purpose of assuring their mutual and common understanding of the intent of each party to use their best efforts, subject to the continued availability of' financing, to continue and complete long term incentives, programs and projects to stimulate and maintain employment and investment in the Southeast Metropolitan Bakersfield area. OBJECTIVES It is mutually agreed that: The City of Bakersfield and the County of Kern will continue to support marketing and promotion of the program area. The form of this support will be determined by the City and County, based upon their evaluation of what methods are most appropriate, effective, and feasible. The City of Bakersfield will use its best efforts to complete the acquisition and planned improvements to the Bakersfield Airpark, subject to the availability of funding and to the continued financial feasibility of this project. 3. The City of Bakersfield intends to complete an analysis of the feasibility of establishing a redevelopment project area and plan for that area of the City contained in Census Tract 22 and in the area of the Bakersfield Airpark. 4. This Memorandum may be amended by the mutual agreement of all parties. 5. This Memorandum, and any amendments thereof, shall remain in effect until terminated by the Director of the Department of Commerce, or until such time as the state designation of the Southeast Metropolitan Bakersfield program area is no longer in force or effect. IN WITNESS WHEREOF, the Parties agree to have executed this agreement on the day, month, and year indicated. APPROVED AS TO CONTENT County Agent By COUNTY OF KERN Chairman, Board of SuDervisors "COUNTY" Community Development Program Department CITY OF BAKERSFIELD By APPROVED AS TO FORM Office of County Counsel By Mayor "CITY" By STATE OF CALIFORNIA APPROVED AS TO CONTENT City Agent By By Director, California Department of Commerce "STATE" Economic Development and Redevelopment Department By APPROVED AS TO FORM Office of City Attorney