HomeMy WebLinkAboutRES NO 50-97RESOLUTION NO. ~ 0 - g ?
A RESOLUTION ORDERING TERRITORY
DESIGNATED AS "DENNEN NO. 1 ANNEXATION"
ANNEXED TO THE CITY OF BAKERSFIELD
SUBJECT TO CONFIRMATION BY THE
REGISTERED VOTERS RESIDING WITHIN THE
AFFECTED TERRITORY, CALLING A SPECIAL
ELECTION AND GIVING NOTICE OF THE DATE
AFTER WHICH NO ARGUMENTS FOR OR AGAINST
ANNEXATION MAY BE SUBMITTED FOR PRINTING
AND DISTRIBUTION TO THE VOTERS.
WHEREAS, Resolution of Application No. 112-96, dated October 9, 1996, was
submitted to the Local Agency Formation Commission of Kern County ("Commission") for
the annexation of territory to the City of Bakersfield, designated as Proceeding No. 1212,
Annexation No. 390 (Dennen No. 1); and
WHEREAS, a duly noticed public hearing upon said proposal was held before the
Commission on January 28, 1997; and
WHEREAS, following said public hearing the Commission, on January 28, 1997,
adopted its Resolution Making Determination, being Resolution No. 97-02, recorded in
Minute Book 44 of said Commission; and
WHEREAS, on January 29, 1997, the City Clerk of the City of Bakersfield set
Wednesday, March 12, 1997, at the hour of 7:00 p.m. (or as soon thereafter as the matter
may be heard) in the Council Chambers of the City Hall, 1501 Truxtun Avenue,
Bakersfield, California, as the time, date and place of hearing on the proposed annexation
and the owners of land within the said territory were duly informed of their right to file
written protests against the annexation with the City Clerk at any time prior to the
conclusion of the hearing on the proposed annexation; and
WHEREAS, the protest hearing was duly and regularly conducted by and before the
City Council at its meeting of March 12, 1997;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. In accordance with Section 57051 and 57075 of the Governments Code, it
is hereby found regarding the value of written protests filed and not withdrawn by
registered voters and owners of land at or prior to the conclusion of the public hearing as
follows:
A. Number of registered voters -- 125
Number of registered voters filing valid written protests -- 53
Number of registered voters withdrawing valid written protests -- 5
Percent of registered voters filing, and not withdrawing,
valid written protests -- 38.4%
B. Number of landowners within the territory -- 115
Total assessed valuation of all land within the territory -- $6,385,764
Number of landowners filing valid written protests -- 50
Number of landowners withdrawing valid written protests -- 3
41.6% of the landowners filed, without withdrawing, valid written
protests. Such landowners own 30% of the total assessed value of
the land in the territory.
2. 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.
3. The territory designated as Proceeding No. 1212, Annexation No. 390
(Denhen No. 1), and described herein, and every part thereof, is hereby ordered annexed
to the City of Bakersfield, subject to confirmation by the voters on the question.
4. A special election is hereby called to be held on June 24, 1997, at which
election the question of whether the territory designated as Annexation No. 1212 (Dennen
No. 1 ) 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 Elections Code.
5. The question to be submitted to the voters residing within such territory shall
be the following:
MEASURE "A"
"Shall the Order adopted on March 26, 1997, by the Council of
the City of Bakersfield, ordering the annexation to the City of
Bakersfield of the territory described in that Order and
designated as City of Bakersfield Annexation No. 390 (Dennen
No. 1 ) be confirmed?"
vote.
The vote required for confirmation of the order of annexation is a majority
7. The terms and conditions of the within-described annexation, as contained
in Kern County Local Agency Formation Commission's Resolution Making Determination
is as follows:
"The City of Bakersfield shall sign an agreement to actively
defend or indemnify and hold harmless the Kern County Local
Agency Formation Commission or its agents, officers and
employees, from any liability or loss connected with the
approval of City of Bakersfield: Reorganization Annexation
No. 390 (Dennen ¢¢1 ). Said agreement shall be signed prior to
the issuance of the Executive Officer's Certificate of
Completion for said annexation."
8. The City Clerk shall cause notice of the election to be given as prescribed
in Section 57130 of the Government Code, such notice to contain all matters specified in
Section 57130 of said Code.
9. NOTICE IS HEREBY GIVEN that any registered voter or bona fide
association of citizens entitled to vote on the measure is invited to submit and file with the
City Clerk a written argument for or a written argument against the measure for printing
and distribution in the ballot pamphlet. No such argument shall exceed 300 words in length
for or against the measure, or be accompanied by more than three signatures.
10. Only one argument for and one argument against shall be selected and
printed in the ballot pamphlet; and if more than one argument for or more than one
argument against the proposed annexation is filed with the City Clerk within the time herein
prescribed, the City Clerk shall select one of the arguments for printing and distribution to
the voters. In selecting the arguments the City Clerk shall give preference and priority in
the order named to the arguments of the following:
A. The City Council or any member or members authorized by the Council.
B. Individual voters or bona fide association of citizens or a combination of
voters and associations.
11. NOTICE IS FURTHER GIVEN that the City Clerk has fixed 5:00 p.m, on the
15th day of April, 1997, as the time and date after which no arguments for or against the
measure may be submitted to the Clerk for printing and distribution to the voters.
Arguments shall be submitted to the City Clerk at City Hall, 1501 Truxtun Avenue,
Bakersfield, California. Arguments may be changed or withdrawn by their proponents until
5:00 p.m., on the 15th day of April, 1997.
12. NOTICE IS FURTHER GIVEN that when the City Clerk has selected the
arguments for and against the measure which will be printed and distributed to the voters,
the Clerk will send copies of the argument in favor of the measure to the authors of the
argument against and copies of the argument against to the authors of the argument in
favor. The authors may prepare and submit rebuttal arguments nor exceeding 250 words.
The rebuttal arguments must be filed with the City Clerk not more than 10 days after the
final date for filing direct arguments. Rebuttal arguments shall be printed in the same
manner as the direct arguments. In accordance herewith, it is hereby announced that
rebuttal arguments must be filed with the City Clerk no later than 5:00 p.m., on the 25th
day of April, 1997.
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 ~1~1~ ~ ~ 1~7
by the following vote:
AYES: COUNC1LM~ER DeMOND, CARSON, 8NIr~, I~ERMOTI~, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~
A~ COUNCIIJ,,EMBER
ABSENT: COUNCILMEMBER .
APPROVED
CITY CLERK and EX OFFICI~ of the
Council of the City of Bakersfield
BOB PRICE" 1~ ,
MAYOR of the City ~f Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
Assistant City Attorney
City of Bakersfield
LCM/bsb
S:\COUNCIL~RES~DENNEN.RES
-- March 26, 1997
-5-
CERTIFICATE OF CITY CLERK
TO PETITION PROTESTING ANNEXATION OF
DENNEN NO. 1
I, PAMELA A. McCARTHY, City Clerk of the City of Bakersfield, County of Kern, State of
California, hereby ce~ify as follows:
1. The number of qualified electors residing within the area proposed to be annexed is
125.
2. That I have verified the 88 signatures of registered voters on the Petition Protesting
Annexation of Dennen No. 1, by examining the records of registration in this county,
current and in effect at the respective purported dates of such signing to determine
what number of qualified electors signed the petition, and from that examination I have
determined that said petition was and is signed by 48 qualified electors residing
within said area and that 35 Signatures are not sufficient. 5 registered voters
withdrew valid written protests.
3. The number of qualified electors signing said petition constitutes 41.6% of the qualified
electors residing within the territory.
DATED: March 26. 1997
S:~LECTION~ORMS\CL KCERT. PMC
CITY CLERK andEx-Officio Cler, l~/of the
Council of the City of Bakersfield'
ORIG!NA~