HomeMy WebLinkAboutRES NO 92-77RESOLUTION NO. 92-77
A RESOLUTION OF THE COUNCIL OF THE' CITY. OF
BAKERSFIELD CALLING A SPECIAL ELECTION TO BE
HELD ON TUESDAY, THE 7TH DAY OF MARCH, 1978,
PERTAINING TO THE ANNEXATION OF KERN CITY TO
THE CITY OF BAKERSFIELD, ESTABLISHING VOTING
PRECINCT, POLLING PLACE AND OFFICERS OF ELEC-
TION, FOR SAID ELECTION
WHEREAS, the Local Agency Formation Commission of the
County of Kern, by Resolution No. 77-21 adopted on the 26th day
of April, 1977, approved the proposal for annexation of Kern City
to the City of Bakersfield; and
WHEREAS, a legally sufficient petition was filed with the
Council of the City of Bakersfield requesting that Kern City be
annexed to the City of Bakersfield and requesting that the question
to be submitted to the electors residing in the territory shall be,
whether such territory shall be annexed to the City of Bakersfield
and the property in the territory subjected to taxation after annexa-
tion, equally with the property within such City, to pay the bonded
indebtedness of the City of Bakersfield outstanding for the acquisi-
tion, construction or completion of municipal improvements; and
WHEREAS, by Resolution No. 69-77, adopted on the 10th day
of August, 1977, the Council of the City of Bakersfield declared its
intention to call a special election in Kern City, contiguous to the
City of Bakersfield, for the purpose of submitting to the qualified
electors residing in said territory the question whether or not said
territory shall be annexed to said City and the prope,rt~ in the terri-
tory to be annexed be subjected to taxation after annexation equally
with the property within the City of Bakersfield, to pay the bonded
indebtedness of the City of Bakersfield outstanding for the acquisi-
tion, construction or completion of municipal improvements; and
WHEREAS, said Resolution No. 69-77 described specifically
the boundaries of the territory proposed to be annexed and designated
the territory as "Kern City," the 'name by which it will be referredj
to upon the ballots used at the election and was published in accord-
ance with Section 35119 of the Government Code; and
WHEREAS, September 14, 11977, at the hour of 8:00 P~, M.,
was the time set for hearing any objection by any person owning
real property within said described territory so proposed to be
annexed and any and all such objecting persons were considered to
have requested exclusion of his property from the proposed annexa-
tion; and
WHEREAS, following said public hearing the City Council
finally determined that the boundaries of the territory of "Kern
City," proposed to be annexed, are as set forth in Exhibit "A"
hereinafter referred to; and
WHEREAS, all proceedings have been had in accordance with
said resolution and the Annexation Act of 1913,I reference thereto
being made for further particulars.
NOW., THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
SECTION 1.
A special election is hereby called to be held on Tuesday,
the 7th day of March, 1978, in the territory hereinafter described,
for the purpose of submitting to the qualified electors residing
therein the question of whether or not said territory shall be
annexed to the City of Bakersfield and whether the property in the
territory proposed to be annexed shall be, after such annexation,
subject to taxation equally with the property within the City of
Bakersfield, to pay the bonded indebtedness of the City of
Bakersfield outstanding for the acquisition, construction or comple-
tion of municipal improvements.
SECTION 2.
That 'said territory is hereby designated and identified
for such election purposes and for use upon the ballots at such
.e_l~Ction aS "KERN CITY"; that a description of said territory is
attached hereto, marked Exhibit "A", and made a part hereof.
SECTION 3.
That the polls at said election shall be opened at 7 A. M.
of the day herein fixed for the holding of said election and shall
be kept open until 8 P. M. of the same day, when the polls shall be
closed.
SECTION 4.
That at the election there shall be submitted to the
qualified electors within the territory described in Exhibit '~",
the following proposition:
SHALL KERN CITY BE ANNEXED TO THE CITY OF BAKERSFIELD
AND THE PROPERTY IN SUCH TERRITORY BE, AFTER SUCH
ANNEXATION, SUBJECT TO TAXATION EQUALLY WITH THE
PROPERTY WITHIN THE CITY OF BAKERSFIELD, TO PAY THE
BONDED INDEBTEDNESS OF THE CITY OF BAKERSFIELD OUT-
STANDING, FOR THE ACQUISITION, CONSTRUCTION OR COM-
PLETION OF MUNICIPAL IMPROVEMENTS?
Opposite the above proposition there shall be printed the
words "yes" and "no", and to the right of each of these two words
there shall be a voting square. If an elector shall stamp a cross
(+) in the voting square after the printed word "yes" the vote of
such elector shall be counted in favor of the proposition; and if
he stamps a cross (+) in the voting square after the printed word
'~o", his vote shall be counted against the proposition.
In all particulars not herein recited said election shall
be held in conformity, as near as may be, with the Election Code
provisions governing municipal elections in general law cities and
with said Annexation Act of 1913.
SECTION 5.
The improvements for which bonded indebtedness of the
City of Bakersfield has been incurred, outstanding at the date of
the first publication of this notice, and the amounts thereof,
and the maximum rates of interest payable thereon are as follows:
Bond Issue and Purpose
1959 Municipal Auditorium
Bonds
196 1 Municipal Auditorium Bonds
1966 Municipal Improvement
Bonds (Series A) (Sanitary Sewers)
1966 Municipal Improvement
Bonds (Series B) (Sanitary Sewers)
1976 Water Bonds (Acquisition)
Maximum Rate
of Interest
Amt. of Indebtedness
Outstanding on
February 1, 1978
3 1-4%
3 1-2%
550,000.00
250,000.00
3 1-2%
815,000.00
4 1-2%
6%
2,115,000.00
15,500,000.00
SECTION 6.
A. For the purpose of said election there is hereby
established in the territory proposed to be annexed, one (1)
consolidated voting precinct consisting of precincts KERN CITY 1
and KERN CITY 2. The following is the polling place of said con-
solidated precinct and the following named persons are hereby named
officers of election and shall constitute the board of election for
such consolidated election precinct:
CONSOLIDATED PRECINCT NO. 1
Polling Place:
Recreation Center Sewing Room,
1003 Pebble Beach Drive, Bakers-
field, California 93309
Inspector:
Charles J. Bray, 6007 Sundale
Avenue, Bakersfield, CA 93309
Judge:
Mrs. Odilia Becas, 308 Cherry Hills
Drive, Bakersfield, CA 93309
Clerk:
Mrs. Ada M. McCulloch, 6000 Burke Way,
Bakersfield, CA 93309
Clerk:
Mrs. Doris G. Minter, 1008 Bermuda
Street, Bakersfield, CA 93309
B. For their services in connection with said election,
said Inspector shall receive thirty-five dollars ($35), said Judge
and Clerks shall receive thirty dollars ($30), and the person in
possession of the polling place named herein shall receive for the
use of such premises in connection with said election the sum of
twenty-five dollars ($25).
SECTION 7.
That the City Clerk shall publish this Resolution as notice
of said special election as required by the Annexation Act of 1913
(particularly Sections 35123, 35124 and 35148 of the Government Code),
at least ~nce~ a week for the four (4) weeks prior to the election,
in the Shafter Press, a newspaper of general circulation, printed
and published outside the City of Bakersfield, but in the County of
Kern, in which the territory is situated.
SECTION 8.
That the City Clerk shall forthwith transmit a certified
copy of this resolution by registered mail to the executive officer
of the Local Agency Formation Commission of Kern County purs.uant to
Section 35124.1 of the Government Code.
o0o
I HEREBY CERTIFY that the foregoing resolution was passed
and adopted by the Council of the City of Bakers field at a regular
meeting thereof held on the 21st day of September, 1977, by the
following vote:
~Yi~,~ COUNCILMEN BARTON, CHRISTENSEN, MEDDFRS, PATTY, ROGER$,
I~B: COUNCILMEN:
ABSENT: CODNCILMEN:
A,BSTA~NIN_?, .C?, .UNCILM.~,N: .... ~ F:FZ~JL,,,,..,_- ...... ;~ ' .:, ..........................
H. E. BERGEN
,~':~'~':~ ~'-, CITY CLERK and Ex Officio Clerk of the
~F~,:~.~.-,. ,' ,7',,~%,~'~,, ' ~Assistant City Clerk
APPR0~:~fli~. ~ls(t:'r¢~y~f September, 1977.
APPROVED as to form:
CITY ATTORNEY of Bakersfield
KERN CITY ANNEXATION
ANNEXATION NO. 235
A parcel of land situate in the County bf Kern, Sta~e of California,
and being a portion of Section 3, Township 30 South, Range 27 East,
M. D, B. & M. and more particularly described as follows:
Beginning at the intersection ~of south line of the north 25 feet
of said Section 3 with the east line of the west 200 feet of said
Section 3;
Thence (i) S_89902'51"E alopg the last named south line, 2021.71 feet,
to intersect the extension of the east right of way line of
Cherry Hills Drive, as said drive is sho~n on a map of Tract
No. 2560, recorded in Book 12 of Maps, pages 49 through 53,
records of said Kern County, said inter~ection being'also'a
.point on the Corporate Boundary of the City-of Bakersfield;
Thence (2) southerlS~ and along the various courses'of said
Corporate Boundary to a point on the west right of way line
of Ashe Road, as said Ashe Road is sho~ on a map of Tract
No. 2562,'recorded in Book 14 of Maps, page 83, records of
said Kern County, said intersection also being distant as
measured along the following three courses, from the point of
beginning;
Thence (3) (assu~-~ing a bearing of N 89° 02' 51." W for the nGrth
line of said Section 3) N 9° 56' 06" E, 356.62 feet, along the
last named west right of way line to the beginning of a tangent
curve, concave to the west, with a radius of 5945 feet;
Thence (4) northerly along said curve and along the last named west
right of'way line through a central angle of 9° 18': 25" an arc.
length of 965..69 feet, to the end point of said curve;
Thence (5) N 0° 37' 41" E, 2075.56 feet, along the last named west
right of way line to the point of beginning;
Containing 262.70__ acres, more or less.
Exhibit 'A"