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HomeMy WebLinkAboutRES NO 52-78$ RESOLUTION NO. 52-78 RESOLUTION OF APPLICATION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD, IDENTIFIED AS PROCEEDING NO. 573, ANNEXATION NO. 243 (STOCKDALE NO. 10); RECINDING RESOLUTION NO. 44-78, AND EXERCISING THE CITY'S OPTION OF NOT SUCCEEDING TO WILLIAMSON ACT CONTRACT. WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the annexation to the City of Bakersfield of the hereinafter described territory under the authority of Section 35140 of the Government Code; and WHEREAS, the City of Bakersfield desires to exercise its option of not succeeding to the Williamson Act Land Use Contract as to affected territory under such contract lying within one mile of the City. NOW, THEREFORE, the Council of the City of Bakersfield hereby Resolves, Finds, and Determines as follows: That Resolution No. 44-78 is hereby rescinded and super- seded. 2. That the City of Bakersfield hereby proposes the annexation to the City of Bakersfield of the territory described in Exhibit "A" attached hereto, and made a part of this Resolution as though fully set forth herein. 3. That a map of the territory proposed to be so annexed, marked Exhibit "B", is attached hereto, and made a part of this Resolution as though fully set forth herein. 4. That a Plan For Providing Services within the affected territory of the proposed annexation, in accordance with the prov- sions of Section 35102 of the Government Code is marked as Exhibit "C", attached hereto, and made a part hereof as though fully set forth herein. 5. That this proposal for change of organization, to wit, annexation, is made pursuant to the Municipal Organization Act of 1977, commencing with Section 35000 of the Government Code of the State of California, it is requested that proceedings be authorized for annexation in accordance therewith. 6. That the reasons for the proposed change of organiza- tion is that the owners of the affected territory desire to receive municipal services from the City of Bakersfield and the City desires to receive tax revenues for benefits given and to be given to the territory proposed to be annexed. 7. That by Resolution No. 25-78, adopted on March 15, 1978, the Council of the City of Bakersfield declared it had reviewed, evaluated and considered the information contained in the Final EIR for Stockdale No. 10 Annexation, made findings and certified that the Final EIR had been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines, and City Resolution No. 24-77. 8. That the City will pre-zone the area described in Exhibit "A" and that such zone classifications will be as stated in the Final EIR for the Stockdale No. 10 Annexation. 9. That the County Clerk and Clerk of the Board of Super- visors of Kern County, on December 29, 1976, sent written notice which was received by the City Council January 5, 1977, that the County of Kern intended to consider one or more contracts, under the Williamson Act which would include certain land within Stockdale No. 10 within one mile of the exterior boundaries of the City; that the subject Land Use Contract was executed between the County of Kern and Tenneco West, Inc. 10. That on January 26, L977, the City Council filed with the Local Agency Formation Commission of Kern County (Commission) its Resolution No. 9-77, dated January 24, 1977, pursuant to Sec- tions 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. Certificate of filing dated March 18, 1977. 11. That on April 26, 1977, 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. 12. 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 succeed- ing ~o the Land Use Contract entered into the 15th day of February, 1977, between the County of Kern and Tenneco West, Inc., as to land which is included within Stockdale No. 10 and is within one mile of the exterior boundaries of the City of Bakersfield, upon annexatio~ of the land to the City. 13. That the names of the officers of the City of Bakersfield who are to be furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of Hearing, if any, are: H. E. BERGEN City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 K. W. HOAGLAND City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 (Legal Counsel for Applicant) 14. That the appropriate City officials shall file ten (10) copies of this Resolution, with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 1110 Twenty-Sixth Street, Bakersfield, California. 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 31st day of May, 1978, by the following vote: AYES: COUNCiLM['N BARTON, CH.~ISTENSEN, MEDDERS, RAI]"TY, ROGERS, SCEALES, STRONG NOEs, Cou,\c~ ,',',.'~- ABSTA[Fq'FN'~"'LO'LINCI~A:--~]: CITY~~~and E ,'OJ~~K"'ficio Clerk of Council of the C~;ty of Bakersfield the APPROV~ii~I~2 i!~,~~~Z~ 1978 MAY~,~z,'~t/h~"/,~i't~ of Bakersfield APPROVED as to form: CITY ATTORNEY of akersfield AL AGENCY FOR~TiON CO~IISSI~ PROCEEDING NO. 573 A[~NDED DESCRIPTION AMENDED SEPTEMBER 14, 1977 ANNEXATION NO. 243 STOCKDALE'NO. 10 A pazcel of land situate in the Comnty of Kern, State of California, and being portions of Sections 5, 6, 7, 8, 9, 16, 17 and 18 of Township 30 South, Range 27 East, M.D.M., and Sections 1, 12 and 13 of Township 30 South, Range 26 East, M.D~M., and being more particularly described as follows: Beginning at the intersection of the east line of said Section 16 with the north right-of-way line of the Southern Pacific Railroad, Buttonwillow Branch, said intersection being northerly along last named east line, a distance of 83.71 feet, more or less, from the southeast corner of said Section 16, said point also being a point in the exterior Corporate BoL'ndary of the City of Bakersfield; Thence (1) departing from said exterior Corporate Boundary westerly alon~ last named north right-of-way line, said line being parallel with and 50 feet north- erly of as measured at right angles to the center line of main rails, a distance of 2 miles, more or less, to intersect the west line of said Section 17, said point being northerly along last named west line a distance of 82.5 feet, more or less, from the southwest corner of said Section 17; Thence (2) northerly along last named west line, a distance of 1237 feet, more or less, to intersect the south line of the north half of the Southeast Quarter of said Section 18; Thence (3) westerly along last named south line, a distance of 2640 feet, more or less,.to intersect the west line of the east half of said Sect{on 18; Thence (4) northerly along last named west line, a distance of 3930 feet, more or'less, to intersect the south line of the north 30 feet of said Section 18; Thence (S) westerly along last named south line and the south line of the north 30 feet of said Section 13, a distance of 2670 feet, more or less, to inter- sect the west line of the east 30 feet of said Section 13; Thence (6) northerly along last named west line and the west line of the east 30 feet of said Sections 12 and 1, a distance'of 9344 feet, more or less, to intersect the north right-of-way line of County Road 1594 (Stockdale Highway) of 60 feet in width, said poinz being a point in the existing exterior Corporate Boundary of the City of Bakersfield; Thence (7) generally easterly along said Corporate Boundary through said Sections 1 and 6 to intersect the east line of said Section 6, said point being southerly along' said east line, a distance of 192.65 feet, more or less, from the northeast comer of said Section 6; Thence (8) departing from said exterior Corporate Boundary southerly along last named east line a distance of 3947 feet, more or less, to intersect the north 'line of the south 1140.44 feet of.said Section S; Thence (9) easterly along last named north line, a distance of 4027.6 feet, more or less, to intersect the east right-of-way line of the Arvin-Edison Water Storage District Canal, as said canal right-of-way is defined in Parcel 1C-1 of that certain Order of Condemnation recorded in Book 3840, at Page 291, Official Records in the Office of the County Recorder, said point being a point in the exterior Corporate Boundary of the City of Bakersfield; Thence (10) southerly and easterly along various courses of said Corporate Boundary to the Point of Beginning; Containing 3539 acres, more or less. EXHIBIT "A" :>., ,H (j [..) 0 0 C) rJ O C..) U CJ CJ C.) .I-J ~ 4..-I ..l_l .1_1 ..I_l ~ ..1_1 l-.J ,u .W J,J ..u .I.J lJ :>~ -U 0 ,H ,H ,H ,H. C.) r.j' c,J (J r~ · U .H IJ W 0 ,,C 0 0 0 -H r.~ · IJ 4.-.I .t.-J 4J .IJ · H 'H ,,4 -ml 'H 'H 0 ~ -~ G 0 G,) ~u:. o Or--I · r-I ,H cJ · t-4 N o cJ :> u o o o O o -r-I ,U · H :~ · ::> CJ CI · ~ ,a . O ,u t-..I,.c:: 'C~ - -:>u~ -. oJ o ,.c:: · H 4..J $4~ '..U .,H ,u ,t..I .- · H .U ~) . ~) c~ 4-.I III. What' effects, if any, would annexation of this territory have 9n.' ~xfs!{ng level of city services (i.e., need for additional. emergency service personnel or con- stru. ction of new facilities, etc.)? Upon annexation, the ~ffect x,;o~ld b~ no~G~i%ib]~- A:; development takes place, facilities and personnel will be expanded to accommodate the need. Would city require any upgrading or change in facilities to serve affected terri- tory (roads, fire hydrants, mains, etc.)? If so, would city o~ residents be responsible for financing? ' YES. Primary and secondary road construction is shared between applicable developers and the Ciny. City funds will be provided by gas tax.revenue sharing, FHWA and/or General Funds amd improvement districts if ~equired. Indicate ind exDkain +existing zoning in affscted territory. The existinz zoning in the County is agr-icultural. The Environmental Impact Report explains in great detail existing and proposed zoning of the affected territory. VI..Indicate and explain proposed prezoning in area. (List effects on present land use that would occur hs a result of annexation such as maintenance of livestock ~n property, etc.) 'Please refer to the Environmental Impact Report. V~I o decrease iT, i'ir~. insurance re:e, s rt m rg . . . . .. munity facilities, etc, -' Fire insurance re. tee are ]e.%~ e;<~.cnqi.ve .ijl__j~__F. ir~ b~ca,,q~ o~ Q betto[- ~r~i,~qs~ f] cat~on- J~] ~ co ~ic~ r~Donse__t~e ~S 3,~ess than that r~pon~e t~e provided by th.2 Shc~r~ff and/or Highway patrol, VIII · please provide the fo'ltowing information relative to city and county. t'axe$: List existing tax rate(s) in are~, County Tax only TAX CODE AREA 061-002 061-004 106-007 106-018 106-020 TAXES $8.0006 8.0106 10.3847 10.3947 1074461 List city t'~ rate Cs]- TAX CODE AREA 061-002 "061-004 New total tax rate. in city TAXES TAX CODE AREA TAXES $9.9094 106-007 12.2935 9;9i~4 106-018 12.3035 106-020 12.3099 How will the difference in tax rates affect a house with a market value, of SSO, 000 " $]0,750 is net assessed value assuming-;]-750 Homeowner exem.ntion " The net difference woul~_t_ be an additional $200~ 35 to $205,19 per year. (See attached analysis: Tax Rate Differences) (1) 'Fulfc'e'Pr~tohction # The level and range of this service will initially be on a scale equal to those services provided elsewhere in the City. The "called for" service will initially be minimal due to the present uninhabited nature of the annexed area. The area will initially be served by Police District 12. As development occurs, the men and equipment will be panded as the situation and "called for" services increase. The fihanc- ing of the required service will come from the incremental increase in general property tax revenues as development and subsequent assessed value increases. There will be no decline in available public safety service as the result of this annexation. <2) Fire.~eVcut~on and Suppression The initial levei and range of the fire protection service for the area to be annexed will be consistent with the services provided to the urbanized surrounding areas. The nearest City Fire Station is at Akers and Serrano (Station No. 7). The quality of service will not be less- ened under city jurisdiction. The Kern County Fire Station (No. 66) presently serves the County territory in the southwest Bakersfield area. It is located on Stockdale Highway near the Country Club. Presently, there is a reciprocal agree- ment between the County and the City which is called the "Stockdale Plan". The'station nearest the call, whether in the City or County territory, will respond first. The City Fire Department has determined through a Survey performed by Public Technology, Inc. that an additional fire station will soon be needed in the southwest portion of Bakersfield if the present growth rate continues. The proposed site will be located near the boundaries of the Stockdale No. 10 annexation and will thus supplement the-existing City-wide fire fighting capabilities. It will be financed by general tax revenue and/or revenue 'sharing funds. (3) Str~e.t'Sw~e~ing and Construction The street maintenance service to be provided to the anneked area does not begin until the City accepts the public improvements installed and paid for by the developars. The level and range of such service will be commensurate with existing City service policy. The maintenance of the streets is paid for by the General Fund of the City of Bakersfield. Street Lighting The level and range of street lighting service to be provided to the annexed area will be the same as provided in any other part of the City of Bakersfield. All equipment and facilities are initially in- stalled at the developers expense and dedicated to the City when the public improvements are accepted by the City. The payment of the util- ity bill is made via the General Fund. (4) "DrAinage Facilitic~ "The i~vel and range of this service to be provided within,[h& p-toJ # posed boundaries of the annexation will b~ consistent with and coordin- ated with the existing drainage facilities in the southwest portion of Bakersfield. Any developer will be required to install all necessary drainage facilities at his cost and will be commensurate with the ex- existing City drainage system. (s) Sewer Service The proposed annexation lies within the future service area of Plant No. 3. There is only one existing sewer main within the boundary of the proposed annexation. .There is one interceptor that runs north- erly along the future alignment of Ashe Road. The facilities that would initially be required to serve this area will make use of this inter- ceptor line. The existing Plant No. 3 has enough remaining capacity to accommodate approximately two years of urban growth assuming that the growth in the southwest portion of Bakersfield continues at the existing rate. The necessary liquid waste facilities will be°d6nstructed as the need dictates and as required. Such service will be provided under City jurisdiction using the same development basis as now exists for sewer ~l service provided for other properties within the existing boundaries of ..Bakersfield--i.e., the developers. will supply the sewer mains as develop- 'merit takes place. ~ (6) .Service of Various Departments of the City Including Resident's. Participation in City Elect~ons Upon annexation, zesidents and owners of property in the affected territory will receive the same services rendered by .the various depart- ments of the City as is received by other City residents and owners of property within the City. Most of such services are delivered from the centralized location in the Civic Center. General Tax Revenues will finance this service. (7) Refuse Service The level and range of refuse service to be provided to the proposed annexation area will be the same as now being provided in other areas of the City. As development takes place, residents will receive twice-weekly refuse 'collection and disposal service through a private contractor. The ~ervice to be provided now and in the future will be the same service offered to other owners and residents of the City who are similarly situ- ated as to location and use of their property. finance this service. (8) Water Service General Tax Revenue will The level and range of water service to be provided to the annexed" area will be the same as now being provided by the City in the Ashe Water Service Area under Chapter 1.6 of th~ Municipal Code and is operated and maintain~ by the California Water Service Company. The developer~ pay for all extensions of water mains, and upon completion of the required facilities, dedicate them to the City. .The service is self-supporting by direct charges to users. PART VIII TAX RATE DIFFERENCES # TAX CODE AREA COUNTY TAX RATE CITY TAX RATE 061-002 8.0006. 7.3394 + ~.57 061-004 8.0106 7.3494'+ 2.57 106-007 10.3847 106-018 10.3947 106-020 10.4461 9.7235 + 2.57 9.7335 + 2.57 9.7399 + 2.57 RANGE OF TAX RATE COUNTY CITY HIGHEST $10.6641 $12.3099 LOWEST 8.006 9.9094 $10,750 is net assessed value assuming $1750 Home Owner's exemption. *NOTE: RANGE OF. TAX PAID COUNTY CITY HIGHEST $1122.96 $1323.31 LOWEST 860.07 1065.26 NET DIFF. $200.35* 205.19' This does not account for additional savings that could accrue by being within the city limits. example-- (1) lower fire insurance (2) no trash fee. (3) no sewer fees (4) no surcharge water fees (5) income tax exemption benefit for 2 & 3 above (6) Plus the unquantifiable attributes of better public safety capability provided by the City. t