HomeMy WebLinkAboutRES NO 151-91RESOLUTION
A RESOLUTION MAKING FINDINGS THAT NO
WRITTEN PROTEST HAS BEEN FILED AND
ORDERING THE TERRITORY DESIGNATED AS
PROCEEDING NO. 1064, ANNEXATION NO. 344,
HOSKING NO. 2, ANNEXED TO THE CITY OF
BAKERSFIELD AND INCLUDED IN THE GREATER
BAKERSFIELD SEPARATION OF GRADE DISTRICT
(WARDS 6 & 7).
WHEREAS, Resolution of Application No. 13-91, dated
January 30, 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.
1064, Annexation No. 344 (Hosking No. 2); and
WHEREAS, a duly noticed public hearing upon said pro-
posal was held before the Commission on the June 25, 1991; and
WHEREAS, following said public hearing the Commission,
on June 25, 1991, adopted its Resolution Making Determination,
being Resolution No. 91-26, recorded in Minute Book 38 of said
Commission; and
WHEREAS, oil July 11, 1991, the City Clerk of the City
of Bakersfield set WEDNESDAY, JULY 31, 1991, 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 tile proposed annexation; and
WHEREAS, proceedings have been commenced for the annexation
of certain unincorporated territory, designated as HOSKING NO. 2 to
the City of Bakersfield; and
WHEREAS, said territory lies outside the Greater Bakers-
field 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 sub-
sequent to formation of such district is annexed to or otherwise
included within a city which is a part of such district, 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 benefited
by inclusion in the district.
WHEREAS, on June 19, 1991, the Council of the City of
Bakersfield adopted its Resolution No. 129-91 specifying that
unless excluded by the City Council, all portions of proposed
Hosking No. 2 Annexation shall, upon annexation to the City of
Bakersfield, be included within the Greater Bakersfield Separation
of Grade District, and setting WEDNESDAY, JULY 31, 1991, 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 dis-
trict and said notice was published as required by law; and
WHEREAS, the public hearing was duly and regularly con-
ducted by and before the City Council at its meeting of JULY 31,
1991, in all respects in accordance with Resolution No. 129-91.
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.
2. The description of the exterior boundaries of the
territory annexed is contained in Exhibit "A" and shown on the map
marked Exhibit "B", attached hereto and incorporated in this
Resolution as though fully set forth herein.
3. That the said territory designated as Proceeding No.
1064, Annexation No. 344 (Hosking No. 2), and described herein,
and every part thereof, is hereby ordered annexed to the City of
Bakersfield.
4. 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.
5. That the Executive Officer of the Commission is
hereby requested to prepare and execute a certificate of comple-
tion 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.
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6. In accordance with Section 8294 of the Streets and
Highways Code, the City Council has heard all relevant and perti-
nent objections, if any, to inclusion within the Greater Bakers-
field Separation of Grade District of any portion or portions of
the territory described as Hosking No. 2, as described in Exhibit
"A" and shown on the map marked Exhibit "B," attached hereto and
incorporated as though fully set forth.
7. 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
benefited by such inclusion.
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, Bakers-
field, CA 93303.
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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 thereof held on JUt 3 ~ 199! , by
the following vote:
AYES; COUNCILMEMBERS EOWARDS, DeMOND. SMITH, BRUNNI, PE'f~RSON, McDERMOTt', SALVAGGIO
NOES; COUNCILMEMBERS ,'~:,~
A~SENT COUNCrLMEMBERS:
ABSTAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUL 3 1 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
MO/pjt
Attachment
Exhibit "A"
Exhibit "B"
r/rsgdh2
7/17/9l
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OF J,B. FI. ~GglFI
No. ?
,~IN[XATiC)I'I NO. ~L~. ~ESOLUTION NO,__
AHHEXATIOH, er
HOgKING No. 2
TO THE CITY OF ~AKE~SFIELD
SC~LE~
~ .......... - P~OSEO A~EXA110N
EXHIBIT "B"