HomeMy WebLinkAboutRES NO 44-80RESOLUTION NO. . 44'80
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD PROVIDING FOR THE ADJUSTMENT OF
PROPERTY TAX REVENUES UPON LOCAL AGENCY
JURISDICTIONAL CHANGE RESULTING FROM
ANNEXATION NO. 278, LAFCO PROCEEDING
NO. 704 (STOCKDALE NO. 11).'
WHEREAS, Section 99 of the Revenue and Taxation Code
(enacted by Chapter 282, amended by Chapter 1161, Statutes 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. 278, LAFCO Proceeding No. 704
(Stockdale No. 11)
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 met and examined the
LAFCO Report and Recommendation regarding the aforesaid jurisdictional
change, which Report and Recommendation re Proceeding No. 704 is made
a part of this resolution, and have found and reported to their
respective governing bodies as follows:
The territory to be annexed consists of undeveloped
property requiring immediate assumption of police
and fire protection because of contiguous residences,
wherein service responsibilities of the below-named
local agencies will be transferred to the City of
Bakersfield, as follows:
County of Kern ........ Partial
Kern County Structural Fire
Protection Tax Area ........ All
and, accordingly, that property tax revenues which
may accrue for fiscal year 1980-81 and thereafter
within the tax rate areas involved should be
transferred to the City of Bakersfield in accord
ance with the computations summarized below,
and more fully described in "Definitions
Applicable to Transfers of Property Tax
Revenues," which is attached to and made part
of this resolution:
From County of Kern: 1979-80 "Base Amount"
and "Annual Tax Increment Factor," multiplied
by 1979-80 "Service Cost Ratio";
From Kern County Structural Fire Protection
Tax Area: Total 1979-80 "Base Amount" and
"Annual Tax Increment Factor";
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. That the Board of Supervisors ofthe County of Kern,
having previously adopted a concurring resolution, a determination
is hereby made that the territory to be annexed consists of undeveloped
property requiring immediate assumption of police and fire protection
because of contiguous residences, where service responsibilities~
of the below-named local agencies will be transferred to the City
of Bakersfield as follows
County of Kern ........ Partial
Kern County Structural Fire
Protection Tax Area ........ All
and, accordingly, that property tax revenues which may accrue for
fiscal year 1980-81 and thereafter within the tax rate areas
involved should be transferred to the City of Bakersfield in
accordance with the computations summarized as follows:
From County of Kern: 1979-80 "Base
Amount" and "Annual Tax Increment Factor,"
multiplied by 1979-80 "Service Cost Ratio";
From Kern County Structural Fire Protection
· Tax ~rea: Total 1979-80 "Base Amount" and
"Annual Tax Increment Factor";
2. The Clerk of the City of Bakersfield is directed to
inform the Board of Supervisors of the County of Kern, the managers
of the 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
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 the 16th day of July, 1980, by the following
vote:
AYES: COUNCILMEN RTON, CHRISTENSEN, MEANS, MILLER, PAYNE, RATTY,
NOES: COUNCILMEN'~ STRONG
APPRO~,~F-',~:,'th~'~---L6th"a:a~,, o July, 1980
, _ ~ ,. ~/,ty of Bakersfield
the
APPROVED as to form:
CITY ATTORNEY of f Bakersfield
~ Oi RECE~VEO
BEFO E LOCAL AGR'TCY FOE.4ATI I~,~iSS!ON
COUNTY OF KEEN STATE OF CALIPjRNIA
In the Matter of
CITY OF B.~RSFIELD:
Annexation No. 278
(Stockdale #11)
P?oceedLng NjZ9 7J~L
REPORT ITTD RECO..~TDAT!0N
Oil Y CL~RK
July ,5, 1979
In the above-entitled matter the staff report and the recomanendation
of the executive officer are respectfully submitted as follows:
APPLICA~.~: CITY OF BAKERSFIELD
PURPOSE:
The owners of the affected.territory desire to receive municipal
sem'ices from the City of Bakersfield and the City desires to receive
tax revenues for benefits given and to be given to the territory proposed
to be annexed.
100% LA~O~ER CONSENT: No.
NOTICE A17D HErARING RI~QUiRED: Yes.
OWNERSHIP OF TERRITORY: Multiple. Four assessment parcels.
GEOGRAPHY:
6.91 acres contiguous to the existing corporate boundary of the
City of Bakersfield. Subject territory is bounded on the south by the
hortherly right-of-way line of Stockdale Highway. The easterly boundary
is approximately 200 feet west of Fairway Lane.
TOPOGRAPh%: Substantially level.
DRAINAGE BASIN: .Buena Vista Lake.
SUPERVISORIAL DISTRICT: No. ~.
POPULATION E~ D~qSITY: Uninhabited.
ACCESS:
East-west:
Stockdale Highway.
KCLAFC #ZO (aev. 10774)
, ~age ~
..-.
- ' PU. BLIC" UTILITY SERVICES (non-goverDmental):
July 5, 1979-.
Electric power, gas and telephone are available to the territory.-.
GOVERNMENTAL SERVICES ~D CONTROLS
EXISTENCE OF: FUTURE NEEDS:
Essential governmental services and controls now provided, or which
may be provided in the future by local governmental agencies within
subject territory include the following:
Type
Planning
Parks and recreation
Library
Police protection
Fire protection
Streets
Construction
Maintenance
Sweeping
.Lighting
Flood control
Sewerage
COS___XT: TAXATION:
Now provided by
County of Kern
County
County
County
County
County
County
County
N/A
N/A
Kern River Levee District
N/A
After prepesed
actjan future need
previded by
City of Bakersfi~
City
Same
City
City
City
City
City
City
City ~-
Same
C~ty
Ad vslorem taxes are limited to one percent of fair market value.
ADEQUACY:
The City of Bakersfield possesses the required means of providing
the necessary governmental services to subjeet territory.
NEE FOR ORG~ZED COmmUNITY SERVICES:
All the owners of land within subject territory have exp. ressed a
need for municipal type services which can be provided by the City of
Bakersfield upon annexation.
EFFECT OF PROPOSED ACTION
MUTUAL SOCIAL ~ND ECONOMIC INTERESTS:
Proposed'action will integrate-subject territory with the City of
Bakersfield so that the proposed territory, will become an integral part
of the social and economic interests of the city as a-whole.
Page 2
PROXIMITY TO POPULATED AREAS:
July 5~ 1979
Subject territory is contiguous to the corporate boundaries of the
City of Bakersfield. It is within the Sphere of Influence established
for the City..
ASSESSED VALUATION:
Secured: $52,352. Unsecured: $-0-
BOUNDARIES:
(.l) Definite and certain; (2) do correspond with lines of ownership~
(3) do not correspond with tax area code lines. There is no detriment
indicated by (3). There are no natural boundaries.
LOCAL AGENCY OVERLAY:
Fruitvale School District
Kern Joint Union High School District
Kern Community College District
Kern Mosquito Abatement District
Golden Rmpire Transit District
Kern River Levee District
Kern County Water Agency
Bakersfield Separation of Grade District
Kern Air Pollution Control District
Kern Citrus Pest Control District
AUTHORITY OVERLAP:
The City of Bakersfield possesses authority to perform some of the
functions of the following districts Which overlay the territory to be
annexed: Kern Mosquito Abatement District Golden Empire Transit Distric+
Kern River Levee District, Kern County Water Agency, Bakersfield Separatig~
.of Grade District, Kern Air Pollution Control District, and the Kern Citru~
Pest Control District.
FUNCTION OVERLAP: None.
ISLANDS OR CORRIDORS: None.
LAND USE
SUBJECT TERRITORY:
ADJACENT TERRITORY:
SUBJECT TERRITORY:
ADJACENT TERRITORY:
PRESENT: Vacant.
PRESENT: Residential.
FUTURE: Residential.
FUTUPS: Should remain relatively static.
Page 4
L~.AL GOVEPd~ENTAL STRUCTURE:
July 5, 1979
Proposed action will include subject territory within the .corporate
limits of the City of Bakersfield and will remove the area from the
unincorporated territory of the County of Kern. With these exceptions
the proposed action will have no effect on the County of Kern or any
other local agency within the County.
EFFECT ON ADJACENT AREAS:
The proposed project should have little, if any, effect upon the
land use or development of adjacent areas in the foreseeable future.
CONFORMITY WITH CITY OR COUNTY 'PLANS:
° Subject project conforms to the Bakersfield Metropolitan Area
General Plan.
bONDITIONS REQUESTED BY APPLIC1NT: None.
ENVIROr~ENTAL IMPACT STATE~ENT:
Pursuant to the California Environmental Quality Act of 1970 (CECLa.),
as amended, State Guidelines, ~nd the Local Agency Formation Commission,
County of Kern, Regulations and Procedures for the Implementation of the
California Environmental Quality Act of 1970, an Initial Study has been
completed for this project.
The Initial Study together with LAFCO Exhibit Nos. 30 "A" and
30 "B" are attached to this Report and Recommendation and by reference
made a part hereof.
RECOMME~MDATIONS:
The commission file a negative declaration in this matter.
The commission approve Armexation No. 278 to the City of
Bakersfield (Stockdale
Dated: July 5, 1979
Res,~fully submitted,
.............. ]~ ........Execuliv! Off'~cer ,~
ADMIniSTRATION AND COURTS BUILDING
1415'Truxtun ~venue
Telephone(805) 861-2371
ADMINISTRATIVE OFFICE
Bakersfield, California-93301
May 8, 1980
COUNTY ADMINISTRATIVE OFFICER
R. S.~Holden
ASSISTANT CO. ADMINISTRATIVE OFFICER
Selden S. Hoos
Edward E. Rous
DEFINITIONS APPLICABLE TO TRANSFERS OF PROPERTY TAX REVENUES
The following definitions are applicable to determining amounts of property tax
revenues to be transferred between local agencies because of jurisdictional changes,
as provided for by Section 99 of the Revenue & Taxation Code:
1. Base Amount. The "base amount" is defined as the total property tax
revenues allocated to a local agency for the prior fiscal year in accordance with
Section,96 or Section 97 of the Revenue & Taxation Code. For purposes of determining
transfers of property tax entitlements, the "prior fiscal year" is the fiscal year
commencing before the pertinent jurisdictional change is approved.
The current statutes do not apportion base amounts to individual tax rate areas
(TRAs) except for fiscal year 1978-79; but such will be done for determining transfers
of property tax entitlements by prorating a local agency's total base amount to the
TRAs comprising its territory in the percentages that the taxable assessed valuation
in each TRA bears to the agency's total taxable assessed valuation.
2. Annual Tax Increment. The "annual tax increment" is the amount of
property tax revenues attributable to each year's increase (or decrease) in the
taxable assessed valuation within a particular TRA, as allocated to the taxing
entities within the TRA in accordance with Section 98 of the Revenue & Taxation Code.
May 8, 1980
3. Annual Tax Increment Factor. The taxing entities (including schools)
within a TRA share each annual tax increment in proportion to their respective
"annual tax increment factors", i.e., the percentage of the total annual tax
increment apportioned to each entity for the prior fiscal year. Currently, in Kern
County, the annual tax increment factor for each taxing entity in each TRA is the
percentage such entity received of the total property tax revenues apportioned to
such TRA for fiscal year 1979-80. That percentage will not change except through
transfers incident to jurisdictional changes, as provided for by Section 99, Revenue
& Taxation Code.
4. Service Cost Ratio. The "service cost ratio" is the percentage of "ba~e
amount" and/or "annual tax increment factor" which should be transferred from one
local agency to another when only part of the service responsibilities of the
transferring agency are to be assumed by the annexing agency.
(a) In the case of a partial transfer of service responsibilities from the
general County government to a city, the "service cost ratio" will be.computed by
dividing the amount of property tax revenue received by the city in the prior fiscal
year by the sum of the amount of property tax revenues received by the County General
Fund from the city's territory in the prior fiscal year plus the amount of property
tax revenue received by the city in the prior fiscal year.
(b) In the case of a partial transfer of service responsibilities from a
special district to another local agency, the "service cost ratio" will be computed
by dividing the "property tax cost" to the transferring district of the service(s) to
be transferred by the total "property tax cost" of all services provided by the
transferring district. For purposes of this definition, "property tax cost" means
the difference between the total cost of a service and the financial sources other
than property tax which are attributable to such service.
May 8, 1980
5. Developed Property. "Developed property" is defined as real property
having taxable improvements and/or personal property the total taxable assessed
valuation of which is equal to or greater than the taxable assessed valuation of the
land. (If more than one TRA is involved in an annexation, and if one consists of
"developed property" but another consists of "undeveloped property", the
determination based on the total taxable assessed valuations of each class of
property within the whole area to be annexed will be applied to each of the portions
to be annexed from all of the TRAs involved, irrespective of whether individual
portions are developed or undeveloped.)
6. Undeveloped Property. "Undeveloped property" is defined as real property
on which taxable improvements and/or personal property are either nonexistent or have
total taxable assessed valuation less than that of the land.