HomeMy WebLinkAboutRES NO 42-93RESOLUTION NO. 42-93
A RESOLUTION MAKING FINDINGS THAT SUFFICIENT
MAJORITY WRITTEN PROTEST HAS NOT BEEN FILED
AND ORDERING THE TERRITORY DESIGNATED AS
PROCEEDING NO. 1128, ANNEXATION NO. 371,
BRUNDAGE NO. 4 ANNEXATION, ANNEXED TO THE
CITY OF BAKERSFIELD AND INCLUDED 1N THE
GREATER BAKERSFIELD SEPARATION OF GRADE
DISTRICT (WARD l).
WHEREAS, Resolution of Application No. 202-92, dated October 21,
1992, 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. 1128, Annexation No. 371 (Brundage No. 4), the exterior boundaries of
which are described in Exhibit "A" and shown on the map marked Exhibit "B" attached
hereto and incorporated as though fully set forth herein; and
WHEREAS, a duly noticed public hearing upon said proposal was held
before the Commission on March 9, 1993; and
WHEREAS, following said public hearing the Commission, on March 9,
1993, adopted its Resolution Making Determination, being Resolution No. 93-6,
recorded in Minute Book 40 of said Commissiou; and
WHEREAS, on March 10, 1993, the City Clerk of the City of Bakersfield
set WEDNESDAY, APRIL 14, 1993, 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, said territory lies outside the Greater Bakersfield Separation
of Grade District; and
WHEREAS, Section 8290 of the Streets and Highway Code of the State of
California provides that the unincorporated territory of a county which was not included
within a separation of grade district at the time of formation of such district, and which
subsequent to formation of such district is annexed to or otherwise included within a city
which is a part of such district when contiguous thereto, shall immediately upon such
annexation to such city be included within the district and shall thereafter become a part
of the district to the same extent as such city; except such portion or portions thereof
which the City Council has determined will not be benefitted by inclusion in the district;
and
ORIGINAL
WHEREAS, on February 17, 1993, the Council of the City of Bakersfield
adopted its Resolution No. 27-93 specifying that unless excluded by the City Council, all
portions of proposed Brundage No. 4 Annexation shall, upon annexation to the City of
Bakersfield, be included within the Greater Bakersfield Separation of Grade District,
when contiguous thereto, and setting WEDNESDAY, APRIL 14, 199& at the hour of 7:00
P.M. (or soon thereafter as the matter could be heard) in the Council Chambers of City
Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time, date and place to hear
any objections to proposed annexation and inclusion within said district and said notice
was published as required by law; and
WHEREAS, the public hearing was duly and regularly conducted by and
before the City Council at its meeting of April 14, 1993, in all respects in accordance
with Resolution No. 27-93.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. In accordance with Sections 57075 and 57078 of the Government Code,
it is hereby found that written protests, if any, filed and not withdrawn prior to the
conclusion of the hearing represent landowners owning less than 50 percent of the
assessed value of the land within the territory to be annexed. (Uninhabited)
2. That the said territory designated as Proceeding No. 1128, Annexation
No. 371 (Brundage No. 4), and described herein, and every part thereof, is hereby
ordered annexed to the City of Bakersfield.
3. That the Clerk shall forthwith transmit a certified copy of this
resolution ordering a change of organization, along with any required remittance to
cover the fees required by Section 54902.5 of the Government Code, to the Executive
Officer of the Local Agency Formation Commission of Kern County.
4. That the Executive Officer of the Commission is hereby requested to
prepare and execute a certificate of completion and make the filings required by Part 4,
Chapter 8 of the Cortese-Knox Local Government Organization Act of 1985 and record
a certified copy of the certification of completion with the recorder of Kern County, with
the surveyor of Kern County and with the Clerk of the City of Bakersfield.
5. In accordance with Section 8294 of the Streets and Highways Code, the
City Council has heard all relevant and pertinent objections, if any~ to inclusion within
the Greater Bakersfield Separation of Grade District of any portion or portions of the
territory described as Brundage No. 4 Annexation, as described in Exhibit "A" and shown
on the map marked Exhibit "B", attached hereto and incorporated as though fully set
forth.
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ORIGINAL
6. In accordance with Section 8295 of the Streets and Highways Code, at
its discretion, the City Council determined that all portions of the territory should be
included in the Greater Bakersfield Separation of Grade District, as all such territory is
benefitted by such inclusion.
7. All portions of said unincorporated territory shall, upon annexation
to the City of Bakersfield, be included within the Greater Bakersfield Separation of
Grade District, at the time said territory becomes contiguous to said district.
8. In accordance with Section 8296 of the Streets and Highways Code, the
Clerk shall notify the Secretary of the District and shall furnish such Secretary with a
certified copy of this resolution.
9. That the Clerk shall forthwith transmit a certified copy of this
resolution to James R. Parker, Jr., c/o Greater Bakersfield Separation of Grade District,
P.O. Box 2205, Bakersfield, CA 93303.
.......... o0o ..........
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular
meeting held on April 14, 1993, by the following vote:
AYES: COUNCILMEMBERS: EDWARDS, peMOND. ~1,'1. BRUNNi, KANE, ~ SALVAGGIO
NOES: COUNCILMEMBERS ~3OtO ~,_
ABSENTCOUNCtLMEMBER$: ~'%C.~d['~ -, ~Y~ '-**i-'~-
A~TAIN COUNCILMEMBERS'
CITY CLERK and ~X OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED: April 14, 1993
BOB PRICE
~[AYOR OF THE CITY OF BAKEP~FIELD
APPROVED as to form:
CHIE_~ ASSISTN~T CITY ATTORNEY
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