HomeMy WebLinkAboutRES NO 108-02 108-'02
RESOLUTION NO.
A RESOLUTION CALLING AND GIVING NOTICE OF
HOLDING A SPECIAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, OCTOBER 8, 2002 FOR SUBMISSION TO
THE VOTERS A PROPOSED MEASURE REGARDING
ANNEXATION TO THE CITY OF BAKERSFIELD OF
TERRITORY DESIGNATED AS "ALLEN ROAD NO. 5",
SETFING PRIORITIES FOR FILING WRII'FEN ARGUMENTS
AND REBU'I-FALS REGARDING CITY MEASURES, AND
REQUESTING THE EXECUTIVE OFFICER OF LAFCO
PREPARE IMPARTIAL ANALYSES.
WHEREAS, Resolution of Application No. 103-01, dated July 18, 2001 was
submitted to the Local Agency Formation Commission of Kern County (LAFCO) for the
annexation of territory to the City of Bakersfield, designated as City of Bakersfield
Proceeding No. 1311, Annexation No. 427 and NOR Sanitary District, Annexation No. 52,
also known as Allen Road No. 5; and
WHEREAS, a duly noticed Protest Hearing upon said proposal was held
before LAFCO April 23, 2002; and;
WHEREAS, LAFCO Resolution No. 02-22 made a determination that
sufficient protest were received and ordered an election; and;
WHEREAS, the City Council is authorized and directed by statute to submit
the proposed measure to the voters;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
SECTION 1. That there is called and ordered to be held in the City of
Bakersfield, on Tuesday October 8, 2002, a Special Municipal Election conducted by all
mail ballot for the purpose of submitting the following proposed measure:
MEASURE"A"
Shall the territory (described as Allen Road No. YES
5), which includes your property, be annexed to
the City of Bakersfield and to the NOR Sanitary NO
District?
SECTION 2. That the description of the exterior boundaries of the territory
annexed is contained in Exhibit"A" attached hereto and incorporated in this Resolution as
though fully set forth herein.
SECTION 3. A Special Election is hereby called and ordered to be held in the
City of Bakersfield, on Tuesday October 8, 2002, at which election the question of whether
the territory designated as Annexation No. 427 and NOR Sanitary District, Annexation No.
52, also known as Allen Road No. 5, shall be annexed to the City of Bakersfield, shall be
submitted to the voters residing within said territory. The election shall be conducted solely
by mailed ballot pursuant to Chapter 1, commencing with Section 4000 of Division 4 of the
California State Elections Code.
SECTION 4. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 5. That the City Clerk is authorized, instructed and directed to
procure and furnish any and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct the election by all mail ballot.
SECTION 6. Notwithstanding Elections Code Section 4103, ballots cast in
this Special Election shall be returned to the office of the City Clerk, 1501 Truxtun Avenue
no later than 8 o'clock p.m. on Election Day. Only ballots received in the office of the City
Clerk by 8 o'clock p.m. on Election Day shall be counted.
SECTION 7. That in all particulars not recited in this resolution, the election
shall be held and conducted as provided by law for holding municipal elections.
SECTION 8. That the votes required for confirmation of the order of
annexation is a majority vote.
-2-
SECTION 9. That the City Council of the City of Bakersfield hereby gives
notice that written arguments in support or against regarding Measure A as specified
above, and changes to the arguments up to, until, and including the date fixed by the City
Clerk after which, no arguments for or against the City measure may be submitted, shall
be allowed in accordance with Article 4, Chapter 3, Division 9 of the California Elections
Code.
SECTION 10. That the City Council of the City of Bakersfield hereby
authorizes Councilmember David Couch to file a written argument in support regarding City
Measure A as. specified above.
SECTION 11. That the provisions for the filing of rebuttal arguments shall
be allowed in accordance with Resolution No. 161-96, adopted October 11, 1995 by the
City Council of the City of Bakersfield.
SECTION 12. That the City Council of the City of Bakersfield requests the
LAFCO Executive Officer prepare an impartial analysis in accordance with Government
Code §57144 on the measure. The impartial analysis shall be filed by the date set by the
City Clerk according to law.
SECTION 13. The City Clerk is hereby authorized and directed to give all
Notices and perform all advertising as required by law and perform or cause to be
performed all the duties and functions in the conduct of the election as required by State
law.
.......... o0o ..........
-3-
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 JlIN ~,I~ ?nn?
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
COUNCILMEMBER
COUNCILMEMBER ~
PAMELA A. McCARTHY, (~C
CITY CLERK and Ex Officib Clerk of the
Council of the City of Bakersfield
JUN 2
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
A.~PPR.~. as to form:
~Di~L~ IyAc~I~ A~R~o R N E Y II
of the City of Bakersfield
:pmc
S:\ELECTION\R ESOLUTN\OCTSSPEClA L-ANN EX.wpd
June 20, 2002 (2:12pm)
-4-