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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"