HomeMy WebLinkAboutORD NO 2395ORDINANCE NO. 2395 NEW SERIES
AN ORDINANCE APPROVING ANNEXATION OF A
PARCEL OF UNINHABITED TERRITORY TO THE
CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED
AS "TERRACE WAY NO. 3," AND PROVIDING FOR
THE TAXATION OF SAID TERRITORY TO PAY THE
BONDED INDEBTEDNESS OF SAID CITY.
WHEREAS, a petition was filed with the Council of the
City of Bakersfield on the 1st day of December, 1977, requesting
that certain uninhabited territory therein described be annexed
to and incorporated within the City of Bakersfield; and
WHEREAS, said petition was signed by the owners of one-
fourth of the land, by area, and by assessed value as shown on the
last-equalized assessment roll of the County of Kern; and
WHEREAS, the territory described in said petition is con-
tiguous territory to be annexed; and
WHEREAS, the said territory does not form a part of any
other city; and
WHEREAS, prior to the date hereof there has been filed
in the office of the City Clerk of the City of Bakersfield, a
written consent, signed by the owners of more than two-thirds of
the value of the territory, that said territory be subjected to
taxation after the completion of such annexation equally with the
property in the City of Bakersfield to pay the bonded indebtedness
of said City therein described, as provided for in Ordinances Nos.
1229, New Series; 1364, New Series; 1593, New Series; 1752, New
Series; and 2289, New Series, all of the City of Bakersfield, and
any and all other indebtedness or liability of the City outstanding
or authorized on and after the date of completion of said annexa-
tion, and this Council hereby determines that said consent is signed
by the owners of more than two-thirds of the value of the territory,
and complies in every respect with the provisions of Section 35319
of the Government Code of the State of California; and
WHEREAS, the Council of the City of Bakersfield, did, on
the 14th day of December, 1977, pass a Resolution being No. 106-77
in compliance with the provisions of the Annexation of Uninhabited
Territory Act of 1939, and amendments thereto, being Title 4,
Division 2, Part 2, Chapter 1, Article 5 of the Government Code
of the State of California, specifically describing the boundaries
of the territory so proposed to be annexed to the City of Bakersfield,
and designating such territory by an appropriate name, and setting
Wednesday, January 25, 1978, at the hour of 8 P.M. in the Council
Chambers of the City Hall, 1501 Truxtun Avenue, Bakersfield,
California, as the day, hour and place when and where the City
Council would hear protests made by any person owning real property
within the aforesaid territory; and
WHEREAS, said Resolution was published at least twice,
but not oftener than once a week in the Bakersfield Californian,
a newspaper of general circulation published in the City of Bakers-
field, and also in the Shafter Press, a newspaper of general circu-
lation published outside of the City of Bakersfield, but in the
county where said territory is located, said publications having
been completed at least twenty days prior to the date set for said
hearing, in compliance with Section 35311 of the Govermnent Code; and
WHEREAS, the City Clerk of the City of Bakersfield has
caused written notice of such proposed annexation to be given by
mail at least twenty days before the public hearing on said proposed
annexation to the persons entitled thereto, in compliance with sub-
divisions (a) and (b) of Section 35311 of said Government Code; and
WHEREAS, at the time set for hearing protests, a majority
protest was not made against the proposed annexation by owners of
property within the territory proposed to be annexed.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
That the City Council of the City of Bakersfield hereby
approves the annexation to and inclusion within the incorporated
limits of the City of Bakersfield, of that certain uninhabited
territory designated as "TERRACE WAY NO. 3"; and it is hereby
further ordained that said territory be and the same is hereby
annexed to said City; that said territory is described as follows:
A parcel of land situate in the County of Kern,
State of California, being a portion of the north-
east quarter of Section 1, Township 30 South,
Range 27 East, M.D.M., and more particularly
described as follows:
Beginning at the intersection of the west line
of the east 30 feet of said Section 1 with the
north right-of-way line of Terrace Way of 60
feet in width, said point being the southeast
corner of Lot 16 of said Section 1 as shown on
the "Sales Map No. 1 of Lands of J. B. Haggin,"
filed for record May 3, 1889, in the office of
the County Recorder, said point also being a
point in the existing Corporate Boundary of the
City of Bakersfield;
Thence (1) departing from said Corporate Boundary,
westerly along said north right-of-way line a
distance of 510.53 feet more or less to inter-
sect the east line of the west 120 feet of said
Lot 16, said point being a point in said Corporate
Boundary;
Thence (2) generally northerly, easterly and
southerly along various courses of said Corporate
Boundary to the point of beginning.
Containing 8.37 acres more or less.
Said territory, and the property located therein, shall,
upon the completion of the annexation of the same to the City of
Bakersfield, be subjected to taxation equally with other property
in the City of Bakersfield to pay the bonded indebtedness of the
City of Bakersfield, described in the aforementioned consent of
the owners of property, located therein, the issuance of bonds to
represent said indebtedness being provided for in Ordinances
Nos. 1229, New Series; 1364, New Series; 1593, New Series;
1752, New Series; and 2289, New Series, all of said City, and
any and all other indebtedness or liability of the City outstanding
or authorized on and after the date of completion of said annexation.
SECTION 2.
This ordinance shall become effective thirty days
and after the date of its passage.
from
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 25th day of January, 1978, by the follow-
ing vote:
NOES: ' E, DL S, ~ATT¥. ROGERS, $CEALE$, STRONG
/ ~'~ ' ' the
Council of the ~ity of Bakersfield
APPROVED this ~Sth day of January, 1978
~YOR of the City b-f Bakersfield
APPROVED as to form:
CITY ATTORNEY of the Czty of Bakersfield
o
AffrayS! of r nan es
STATE OF CALIFORNIA, ~
County of Kern ~ ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk o£ the City of Bakersfield; and
that oa ................................................................~.p~.q...u._.a..~'.y..._.~_~. ......................19...~.~_ he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ...............~.~..P...u....a..?~....~.5 .............................., 19..~.~..., which ordinance
was numbered ........... 23p.~ ..........New Series, and entitled:
AN ORDINANCE APPROVING ANNEXATION OF A
PARCEL OF UNINHABITED TERRITORY TO THE
CITY OF BAKERSFIELD, CALIFORNIA, DESIGNATED
AS "TERRACE WAY NO. 3," AND PROVIDING FOR
THE TAXATION OF SAID TERRITORY TO PAY THE
BONDED INDEBTEDNESS OF SAID CITY.
Subscribed and sworn to before me this