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That Resolution No. 44-78 is hereby rescinded and super-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"
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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.
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