HomeMy WebLinkAboutRES NO 314-04RESOLUTION NO. 3 1 '~" 0 '~
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 472
LOCATED WEST OF CALLOWAY DRIVE, SOUTH OF
SEVENTH STANDARD ROAD. 0NARD 4).
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, JULY 14,
1997, and THURSDAY, JULY 17, 1997, on the prezoning for the territory, notice of the time and
place of hearing having been given at least twenty (20) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, by Resolution No. 53-97 on July 17, 1997, the Planning Commission
recommended approval and adoption of the prezoning by this Council and this Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the
annexation to the City of Bakersfield of the hereinafter-described territory, pursuant to Section 56654
of the Government Code of the State of California; and
WHEREAS, the proposed annexation territory is within and consistent with the City of
Bakersfield Sphere of influence boundary; and
WHEREAS, the City of Bakersfield agrees to annex the territory located west of Calloway
Drive, south of Seventh Standard Road into the City;, and
WHEREAS, the City has agreed to serve the territory upon annexation; and
WHEREAS, the property owner of the territory has consented to annexation; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it
hereby finds and determines as follows:
That the City of Bakersfield hereby proposes the annexation to the City of
Bakersfield of the territory in Exhibit "A" and shown on map marked Exhibit "B"
attached hereto and made a part of this resolution as though fully set forth herein,
located west of Calloway Drive, south of Seventh Standard Road.
That a plan for providing services within the affected territory of the proposed
annexation, in accordance with the provisions of Section 56653 of the Government
Code, is marked as Exhibit "C", attached hereto and made a part hereof as though
fully set forth herein.
That this proposal for change of organization, to wit, annexation, is made pursuant to
the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and it is
requested that proceedings be authorized for annexation in accordance therewith.
ORIGINAL
8.
9.
11.
That the roasons for the proposed change of organization aro that the owners of the
affected territory desire to receive municipal services from the City of Bakersfield,
and the City desires to receive tax revenues for benefits given and to be given to the
territory proposed to be annexed.
That for this proposed annexation territory and the prezoning therefore, Ordinance
No. 3819, which was adopted January 28, 1998, an Initial Studywas conducted and
it was determined that the proposed project would not have a significant effect on the
environment. A Negative Declaration was prepared and posted on November 7,
1997.
That the laws and regulations relating to the preparation and adoption of the
environmental document as set forth in the California Environmental Quality Act
have been duly followed.
That the territory proposed for annexation as described herein has been determined
to be uninhabited pursuant to Section 56046 of the Government Code.
That the territory proposed for annexation as described herein has been determined
to have 100% of property owners consenting to annexation.
That the territory proposed for annexation as described herein is within the City of
Bakersfield Sphere of Influence Boundary.
That the Local Agency Formation Commission waive the protest hearing
proceedings pursuant to Part 4, commencing with Section 57000 of the Codese-
Knox-Hertzberg Local Government Reorganization Act of 2000.
That the names of the officers of the City of Bakersfield who are to be furnished with
copies of the Executive Officer's Report and who are to be given mailed Notice of
Hearing, if any, are:
Pamela A. McCarthy
City Clerk
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Alan Tandy
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Virginia Gennaro
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
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ORiGINAl.
12.
That the appropriate City officials shall file ten (10) copies of this Resolution, with
Exhibits, with the Executive Officer of the Local Agency Formation Commission of
Kern County at 5300 Lennox Street, Suite 303, Bakersfield, California 93309.
......... 000 ........
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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 on DEC 1 [~ 2004
by the following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MACGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
APPROVED D~'C ~. 5 2004
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attomey
EXHIBITS:
A Legal Description
B Map
C Plan for Services
MO:djl
November 23, 2004
S:~Annexation\Res of Applic~ann472.roa.doc
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EXHIBIT "A"
ANNEXATION NO. 472
CALLOWAY NO. 10
That parcel of land being a portion of the Northeast ¼ of the Northeast ¼ of Section 6, T.
29 S., R. 27 E., M.D.M in thc County of Kern, State of California mom particularly
described as follows:
Commencing at the Northeast corner of said Section 6, also being the center line
intersection of 7th Standard Road (County Road No. 151) and Calloway Drive (County
Road No. 62), Thence North 89°1 r l 2" West along the Center line of 7~h Standard Road,
a distance of 30.03 feet; Thence South 00048'48'' West, 30.00 feet to the True Point of
Beginning, also being a point on the West right of way of Calloway Drive; thence thc
following courses:
Thence (3) South 00052'38" West along said West right of way, 1267.68 feet;
Thence (4)
Thence (5)
Thence (6)
North 89°11'12" West, 1293.77 feet;
North 00°34'48" East, 1267.69 feet to a point on the South right of way of
7th Standard Road;
South 89°11'12" East along said South right of way of 7th Standard Road.
1300.34 feet; to thc True Point of Beginning.
Contains 37.75 Acres
CH EC~,E.O by
Y, ERN COUNTY SURVEY?RS oFFICE
~ / A~ov~ by
ORIGINAL
ORIGINAL
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OR!GINAL
ORiG',NAL
IV.
111. What effects, if any, would annexation of this territory have on the existing level of
city/district services (i.e., need for additional emergency service personnel or construction of new
facilities, etc)? The annexation of this territory will not affect the near term level or capability of
the City to provide needed services. The territory is now undeveloped and additional police
officers should not be required to maintain the current level of city service. Annexation of the
county road(Calloway Rd.) within the territory will have very minimal affect on the future
maintenance responsibility of the City and should not affect the existing level of service.
Would city/district require any upgrading or change in facilities to serve affected territory
(roads, fire hydrants, mains, etc.): If so, would city/district o_zr residents be responsible for
financing? Private development provides and pays for major facilities and dedicates them to the
City. No upgrading or change in facilities will be required in the territory for annexation.
Indicate and explain existing zoning in affected territory. The subject territory is presently zoned
County A (Exclusive Agriculture) Zone.
VI.
Vll.
Indicate and explain proposed prezoning in area. (List effects on present land use that would
occur as a result of annexation such as maintenance of livestock on property, etc.) The City has
prezoned the territory to the corresponding City A (Agriculture) Zone.
List city/district services that area will directly or indirectly benefit from such as decrease in fire
insurance rate, shorter emergency response time, use of community facilities, etc. City Police
should be able to respond in a more timely manner than present County Sheriff services. The
present City refuse collection rate is substantially lower than fees county residents now pay to
independent companies. No special assessments or charges for street sweeping, leaf collection,
street lighting energy costs and fire hydrants when located within the City's incorporated area.
City government also provides increased political representation for the residents within the
corporate limits.
Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. The existing tax rate in the area equals 1.100518°o of assessed
market value. This represents the total property tax rate. When annexed a desiAnated
percentage of the total property tax of the area will accrue to the City and remainder to the
County for providing health care and social services. (Rate as shown on 2004~2005 County
Auditor-Controller Tax Rate List).
Would affected area be subject to any bonded indebtedness of the city/district: If so, explain.
Nor the last listed (2003-2004) City bonded indebtedness has been paid off and the current (2004-
2005) tax rate list shows no city bonded indebtedness.
How will the difference in tax rates affect a property with a market value of $50,000.00?
The property rate will not increase due to annexation and re-assessment will not occur due to
annexation.
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