HomeMy WebLinkAboutRES NO 159-85RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD RETROACTIVELY AMENDING RESOLUTION
NO. 16-80 TO SUPPLY OMISSION IN RECORD OF
DECISION OF THE COUNCIL TO EXERCISE OPTION
NOT TO SUCCEED TO LAND USE CONTRACT.
WHEREAS, Resolution No. 16-80, adopted by this Council
on March 5, 1980, the Resolution of Application proposing pro-
ceedings for annexation of territory identified as Annexation
No. 282 (Panama No. 3), omitted to set forth the City's election
not to succeed to a land use (Williamson Act) contract applicable
to a portion of such territory, which territory was thereafter
annexed effective December 7, 1981; and
WHEREAS, the record of such proceedings clearly demon-
strates that such omission was the result of inadvertance or
mistake; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
Resolution No. 16-80 is hereby retroactively amended by
the addition thereto of Paragraphs 6.a., 6.b., 6.c., and 6.d. to
read as follows:
6.a. That the County Clerk and Clerk of the Board of
Supervisors of Kern County sent written notice, which was received
by the City Council, that the County of Kern intended to consider
one or more contracts under the Williamson Act which would
include certain land within Panama No. 3 within one mile of the
exterior boundaries of the City; that the subject Land Use
Contract was executed between the County of Kern and
Antongiovanni Brothers.
6.b. That the City Council filed with the Local Agency
Formation Commission of Kern County (Commission) its Resolution
No. 9-76, dated February 23, 1976, pursuant to Sections 51243 and
51243.5 of the Government code, protesting the execution of the
Land Use Contract as to affected territory within one mile of the
exterior boundaries of the City.
6.c. That on May 25, 1976, the Commission, following a
public hearing, upheld the City's protest upon a finding that the
contract was inconsistent with the publicly desirable future use
and control of the land in question, said land being that portion
of the land under the contract within the affected territory and
being within one mile of the City.
6.d. That pursuant to the provisions of the Williamson
Act, specifically Sections 51243 and 51243.5 of the Government
Code, the City of Bakersfield hereby exercises its option of not
succeeding to the Land Use Contract entered into the 24th day of
February, 1976, between the County of Kern and Antongiovanni
Brothers, as to land which is included within Panama No. 3 and is
within one mile of the exterior boundaries of the City of
Bakersfield, upon annexation of the land to the City.
.......... o0o ..........
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 the _~ day of October ,
1985, by the following vote:
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
APPROVED this 2~rd day of 0c%ober , 1985
MAYOR of the City .~rsfield
APPROVED as to form:
CItY ATTORNEY of th~ity of Bakersfield
the
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