HomeMy WebLinkAboutRES NO 11-86RESOLUTION NO. 11-86
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING RESOLUTION NO. 5-86
RELATING TO SPECIAL ELECTION ON PACHECO NO.
ANNEXATION.
10
WHEREAS, Resolution No. 5-86, adopted by this Council on
January 8, 1986, did not specify the question to be submitted to
the voters concerning the PACHECO NO. 10 annexation, the vote
required for confirmation of such annexation, or provide for con-
duct of the election and canvass of returns thereof.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 5-86
is hereby amended to read as follows:
RESOLUTION NO. 5-86
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS REGARDING VALUE
OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN,
ORDERING TERRITORY DESIGNATED AS PROCEEDING
NO. 882, ANNEXATION NO. 304 (PACHECO NO. 10)
ANNEXED TO THE CITY OF BAKERSFIELD SUBJECT TO
CONFIRMATION BY THE VOTERS, AND CALLING A
SPECIAL ELECTION.
WHEREAS, Resolution of Application No. 104-85, dated
July 10, 1985, 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. 882, Annexation No. 304 (PACHECO NO. 10); and
WHEREAS, a duly noticed public hearing upon said pro-
posal was held before the Commission on the 8th day of October,
1985, and continued to the 22nd day of October, 1985; and
WHEREAS, following said public hearing, the Commission,
on October 22, 1985,
being Resolution No.
Commission; and
adopted its Resolution Making Determination,
85-43, recorded in Minute Book 32 of said
WHEREAS, on November 13, 1985, the Council of the City
of Bakersfield adopted its Resolution No. 166-85 initiating pro-
ceedings for annexation of the said territory to the City of
Bakersfield and setting Wednesday, the 18th day of December,
1985, at the hour of 7 p.m. (or as soon thereafter as the matter
could 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 public hearing was duly and regularly con-
ducted by and before the City Council at its meeting of
December 18, 1985, in all respects in accordance with Resolution
No. 166-85.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the
Council of the City of Bakersfield as follows:
1. In accordance with Section 35228 of the Government
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:
Number of registered voters - 189
Number of registered voters filing, and not
withdrawing, valid written protests - 51
Percent of registered voters filing, and not
withdrawing, valid written protests - 26.9
Total number of landowners within the
territory - 141
Total assessed valuation of all land within
the territory 1,063,710
26.2% of the landowners filed valid written
protests. Such landowners own less than
25% of the total assessed value of the land
in the territory.
2
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. That the said territory designated as Proceeding
No. 882, Annexation No. 304 (PAC~ECO NO.10), 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. That a special election is hereby called to be held
on June 3, 1986, the next regular election, at which election the
question of whether the territory designated as Annexation
No. 304 (PACHECO NO. 10) shall be annexed to the City of
Bakersfield, shall be submitted to the voters residing within
such territory.
5. The question to be submitted to the voters residing
within such territory shall be the following:
MEASURE "A"
"Shall the order adopted on January 8, 1986,
by the Council of the City of Bakersfield YES
ordering the annexation to said City of the
territory described in said order and
designated as Annexation No. 304 (Pacheco NO
No. 10) be confirmed?"
6. That the vote required for confirmation of the order
of annexation is a majority vote.
7. That the City Clerk shall fix and publish notice of
the date after which no arguments for or against the measure may
be submitted for printing and distribution to the voters.
8. That proper request be made to the Kern County Board
of Supervisors for consolidation of the City of Bakersfield spe-
cial election on such measure with the State-wide Direct Primary
Election to be held on Tuesday, the 3rd day of June, 1986, to be
conducted by the County Clerk and that the Board further be
requested and authorized to canvass or cause to be canvassed the
3
returns of said Annexation Election in the City of Bakersfield
and to certify the results of the canvass of said returns to the
Council of the City of Bakersfield, who shall thereupon declare
the results thereof.
9. That the terms and conditions of the within-
described annexation, as contained in Kern County Local Agency
Formation Commission's Resolution Making Determination, are as
follows: None.
10. That the City Clerk shall cause notice of the elec-
tion to be given as prescribed in Section 35055 of the California
Government Code, such notice to contain all matters specified in
Section 35061 of said Code.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at
regular meeting thereof held on the 22nd day of January ,
1986, by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this 22nd day of January , 1986
MAYOR of the City o,~'Bakersfield
APPROVED as to form:
Y of t-fie City of Bakersfield
AJS/bl
5 R.PA10.EL 4
ANNliXAIION NO. S04
I'ACHIiCU NO. 10
|and ~itl]:]ted ill Lhe Cumlly o£ Kern, $tnLe o{' (;alill,luia,
27 East, M.I).B. I; M., ,.me Imrt~cuJsr))' described a~
l~e~in.inll ;it the intersectJim of' lhe sout[i lille oF the norLh ,15
feel with I]1o west line of lhe e;.st 1,~6.06 feet of said n.rLhc;~sl
qtmrtcF, s;~id J~tersection bein}l n point on Ihe south right of
eL the CJiy of Bakersfield, ;red lhe Point of Beginning for this
descripti on;
Thence (]) Southerly, westerly, norihcrl)' mid easterly along
last m..ed Corporate Boumh~ry to the Point of Beglinking.
CONTAININ(; 32.67 ACRES
EXIIIIllT "A"
//
AVENUE
SEC J.3
~C~-~7
CONNIE
SEC £4
SO- -_2'~ FAITH
AVENUE
FAIRVIEW ROAD
SEC.