HomeMy WebLinkAboutRES NO 151-92RESOLUTION NO. 151-92
A RESOLUTION MAKING FINDINGS THAT SUFFICIENT
MAJORITY WRITTEN PROTEST HAS NOT BEEN FILED
AND ORDERING THE TERRITORY DESIGNATED AS
PROCEEDING NO. 1085, ANNEXATION NO. 355, BUENA
VISTA NO. 5, ANNEXED TO THE CITY OF
BAKERSFIELD (WARD 4).
WHEREAS, Resolution of Application No. 173-91, dated August 14, 1991,
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. 1085, Annexation No. 355 (Buena Vista No. 5), 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 January 14, 1992, January 28, 1992, March 10, 1992, April 14,
1992 and May 12, 1992; and
WHEREAS, following said public hearing the Commission, on May 12,
1992, adopted its Resolution Making Determination, being Resolution No. 92-15,
recorded in Minute Book 39 of said Commission with the following condition: The City
of Bakersfield shall sign an agreement to actively defend the Kern County Local Agency
Formation Commission if approval of City of Bakersfield Annexation No. 355 (Buena
Vista #5) is contested. Said agreement shall be signed prior to the issuance of the
Certificate of Completion for this annexation; and
WHEREAS, on June 10, 1992, the City Clerk of the City of Bakersfield set
WEDNESDAY, JULY 1, 1992, 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 tune, 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
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it is hereby found that written protests, if any, filed and not withdrawn prior to the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 less than 25 percent of the registered voters or less
than 25 percent of the number of owners of land owning less than 25 percent of the
assessed value of the land within the territory to be annexed because:
ORJG;NAL
a) The petition as presented does not comply with Government
Code, State of California, 57051 in that the signators thereto do not identify themselves
as either a landowner or registered voter.
b) The petition as presented does not comply with Government
Code, State of California, 57051 in that the petition does not show the date that each
signature was affixed to the document. All signatures without a date or bearing a date
prior to the date of publication of the notice must be disregarded.
c) The petition fails to authorize the circulator or circulators of
the petition to present the petition as a protest on behalf of the signers.
d) The petition does not identify itself as a protest, but rather
states that "the undersigned oppose the proposed Buena Vista #5 Annexation." This
does not constitute a valid protest.
e)
The letter from Mr. Joe Briggs was received after the close
of hearing.
amount to a protest.
The letter from Stream Energy of July 15, 1992, did not
2. That the said territory designated as Proceeding No. 1085, Annexation
No. 355 (Buena Vista No. 5), 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. The Mayor of the City of Bakersfield is authorized to sign an
indemnification agreement prior to the issuance of the Certificate of Completion.
.......... 000 ..........
ORIGiNAl.
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
August 5, 1992 by the following vote:
AYES; COUNCILM~MHERS: EDWARD6, I~OND, SMITH, BRUNN[ PETERSON. McDERMOTT, $ALVAGGIO
NOES; COUNCILMEM$EBS:
ABSENT CO~CtLMEMBERS:
ABSTAIM: COUNCIL~MBERB*
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED_ Au~l~t 5~ 1992'
CLARENCE MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
U.~AWRENCE M. LUNA'RDINI
CITY ATTORNEY of the City of Bakersfield
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EXHIBIT "A"
~ VIS~% NO. 5
AS~XATION NO. 355
A parcel of land consisting of sections or portic~s of Sections 1, 12, 13, 24
and 25 of T. 30 S., R. 26 E., and sections or portions of Sections 16, 17, 18,
19, 20, 21, 29 and 30 of T. 30 S., R. 27 E., M.D. M., State of California,
County of Kern, more particularly described as follows:
Beginning at the point of intersection of the South line of the North 30 feet
and the West line of the East 30 feet of said Section 29 (T. 30 S., R. 27 E.),
said point also being a boundary corner on the existing corporate Doundary of
the City of Bakersfield;
· J~,~CE (1) West along the South line of North 30 feet of said Sections 29 and
30 (T. 30 S., R. 27 E.) and said Section 25 (T. 30 S., R. 26 E.), also being
the South Right of Way line of Panama Lane (County Road No. 4 and 126), a
distance of 15,995.98 feet (more or less) to a point on the West line of said
Section 25;
~ (2) North along the West lines of said Sections 25, 24, 13, 12 and 1
(T.30 S., R. 26 E.) a distance of 17,764.7 feet (more or less) to a point of
intersection of the West line of said Section 1 and the existing corporate
boundary line of the City of Bakersfield;
· 11~z4CE (3) Northeasterly, Southerly, Easterly and Southerly along various
courses of said existing corporate bouD~ary line to the point of beginning.
Containing 3,613.83 Acres (more or less)
35:EX.A4RTY
RTY: lh
-(3)
ANNEXATION OF
BUENA VISTA No.
EXHIBIT