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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RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS REGARDING VALUE OF WRITTEN PROTESTS FILED AND NOT WITHDRAWN, ORDERING TERRITORY DESIGNATED AS PROCEEDING NO. 882, ANNEXATION NO. 304 (PACHECO NO. 10) ANNEXED TO THE CITY OF BAKERSFIELD SUBJECT TO CONFIRMATION BY THE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.