HomeMy WebLinkAboutRES NO 37-78RESOLUTION NO. .37-78
RESOLUTION OF APPLICATION OF THE COUNCIL
OF THE CITY OF BAKERSFIELD PROPOSING
PROCEEDINGS 'FOR ANNEXATION OF TERRITORY
TO THE CITY OF BAKERSFIELD, IDENTIFIED
AS ISLAND ANNEXATION NO. 260 (NEW STINE
NO. 1).
WHEREAS, the City of Bakersfield desires to propose the
annexation to such City of the hereinafter' described territory
under the authority of Section 35224.5 of the Government Code,
which territory is an island under the 'provisions of Subdivision
(f) of Section 35150 of the Government Code.
NOW, THEREFORE, the Council of the City of Bakersfield
hereby RESOLVES, FINDS AND DETERMINES as follows:
1. That the City of Bakersfield proposed the annexation
to such City of the territory described in Exhibit "A", attached
hereto, and made a part of this Resolution as though fully set
forth herein.
2. 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.
3. That a Plan for providing services within the affected
territory of the proposed annexation, in accordance with the pro-
.visions of Section 35102 of the Government Code is marked as
Exhibit "C", attached hereto, and made a part hereof as though
fully set forth in this Resolution.
4. That the territory proposed to be annexed as des-
cribed in Exhibit "A" and shown on Exhibit "B", meets the follow-
ing criteria as an island under the provisions of Subdivision (f)
of Section 35150 of the Government Code:
(1) Does not exceed 100 acres in area and such
area constitutes the entire island.
(2) Is surrounded by the City of Bakersfield to
which 'annexation is'proposed.
(3)
Is substantially developed.
(a) Public utility services are available
(b) Public improvements are present
(c) Physical improvements are present on the
parcels within such area.
(4) Is not prime agricultural land as defined in
Section 35046 of the'Government Code; and
(5) Will benefit from such annexation and is receiv-
ing benefits from the City of Bakersfield.
5. That this proposal. for 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 taken for annexation in accordance
therewith.
6. That the reasons for the proposed annexation are as
follows: (a) to remove 'an island of unincorporated territory so
that the City's jurisdiction will be physically uniform in the area;
(b) to receive tax revenues for benefits given and to be given to
the territory proposed to be annexed.
7. That the City will prezone the area described in
Exhibit "A" and that such zone classification will be R-3-D under
the City's zoning regulations.
8. That all public utility services are available and
presently in use in the area proposed to be annexed.
9. That the area is developed with apartment structures.
10. That the benefits the area will receive upon annexa-
tion include the following:
(a) Police protection
(b) Fire protection -
(c) Sewer service
(d) Refuse service
(e) Residents' participation in City elections
11. That the benefits the area is receiving from the
City of Bakersfield include the following:
(a) Street sweeping in adjacent areas
(b) Tree trimming in rights-of-way
(c) Disposal of storm water and nuisa. hce drainage
(d) Sewer service at residents' expense
(e) Street lighting
12. 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 are:
H. E. Bergen
City Manager
City of Bakersfie]~d
1501 Truxtun Avenue
Bakersfield, CA 93301
K.W. Hoagland
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
(Legal Counsel for Applicant)
13. That the appropriate City officials shall file ten
(10) copies of this Resolution with the Executive Officer of the
Local Agency Formation Commission of Kern County at 1110 - 26th
Street, Bakersfield,'California.
o0o.
ANNEXATION NO. 260
NEW STINE NO. 1
A parcel of land situate in the County of Kern, State of California, being
a portion of Section 3, Township 30 SouTh, Range 27 East, M.D.B. & M., and
more particularly' described as follows:
Commencing at tHe."northwest corner of the east half of the northeast quarter
of said Section 3;
Thence aiong .the west line of said east half of the northeast quarter,
S 0° 31' 42" W, 950.29 feet;
Thence S'89° 28' 18" E, 55.00 feet to a point in the exterior Corporate
Boundary of the City of Bakersfield, said point being the True Point of
,~eginning;
ThenCe clockwise along said Corporate Boundary, completely circumscribing
the.parcel of land herein described, to the True Point of Beginning.
Said parcel being also described as Lot 1 in Tract No. 2963 as shown upon
a map of said Tract recorded October 19, 1965 in Map Book 14, Page 153,
Kern County Records.
Containing 2.54 acres, more or less.
EXHIBIT "A"
~TOCK~LE
~N
~xisting Corpo
Boundary
t NW Cot _{ NE½ Sec 3
i I "* ~'~
W Line E½ NE½
Sec 3 T:50S R27E MDM
PA~C'T,L
NO 7~8
PARCEL
H I G H t4t,,4 )"
MARSHA
EXHIBIT "B" "
PLAN FOR SERVICES
(Section 35102, Government Code)
FOR
ISLAND ANNEXATION
New Stine No. 1
The following plan for providing services within the
territory proposed to be annexed to the City of Bakersfield as an
island, is hereby submitted as Exhibit "C" to the Resolution of
Application of the Council of the City of Bakersfield as follows:
1. The following services are to be extended to the
affected territory described and shown in Exhibits "A" and "B"
attached to the said Resolution of Application:
(a) Police protection
(b) Fire prevention and suppression
(c) Sewer service
(d) Refuse service
(e) Water service
(f) Drainage facilities
(g) Service of various departments of the
City, including residents' participation
in City elections.
2. The level and range of the services enumerated and
described in paragraph 1 are as follows:
(a) Police Protection. The level and range of the
service will be on a scale' equal to services provided elsewhere
in the urban areas of the City and will be complete. The police
department has a regular patrol district which completely surrounds
the area proposed to be annexed. This district is patrolled 24
hours a day. Upon annexation, the affected territory will be
..... ~$~ila~t~_4 into such dis~rict and rece~ye the same service now
being provided to the residents and owners of the district.
\
Response time for emergencies should be quicker under City juris-
diction, as the county sheriff personnel must cross City areas to
respond to the affected territory under present circumstances.
EXHIBIT "C"
(b) Fire Prevention and Suppression. The level
and range of the fire protection service for the area sought to
be annexed will be consistent with the services provided to the
urbanized surrounding area and will be complete fire prevention
and suppression services. The nearest fire station will be at
Akers and Sorrano,'Station No. 7, which now responds to the sur-
rounding-incorporated areas. The quality of service will not be
lessened under City jurisdiction and will be first-rate service.
(c) Sewer Service. The level and range of sewer
service to be provided to the affected territory will be the same
as now being provided by the City pursuant to outside connection
contract.. The outside connection charge now being charged in the
affected territory will be removed upon annexation. Service from
sewer main on New Stine Road to Wastewater Treatment Plant No. 3
will continue; however, such service will be provided under City
jurisdiction upon the same basis as sewer service is provided
properties located within City boundaries under applicable City
ordinances.
(d). Refus'e~Service. The level and range of refuse
service to be provided to the affected territory will be the same
as now being provided by private contractor.' Residents will con-
tinue to receive twice weekly refuse collection and disposal
service through private contractor. Upon annexation, the private
contractor will be paid by the City of Bakersfield under present
law and practice. The service will be the same service offered
to other owners and residents within the City who are similarly
situated as to location and use of their property.
(e) Water Service. The level and range of water
service to be provided to the affected.territory will be the same
as now being provided by the City of Bakersfield in the Ashe Water
Service Area under Chapter 1.46 of the Municipal Code, operated
and maintained by California Water Service Company.
(f) Drainage Facilities. The level and range of
this service to be provided to the affected territory will be
the same as now being provided. The storm drain in New Stine
Road is presently within city limits, as is the drain field (sump)
in Patriot's Park, which serves, and will serve the area to be
annexed.
(g) Service of Various Departments 'Of the City,
Including Residents' Participation in City ElectiOns. Upon annexa-
tion, residents and owners of property in the affected territory
will receive the same services rendered by the various departments
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.
The affected territory is now a separated portion of
County Precinct Kern City No. 2; as such voters must go to a
polling place removed from the area; it is likely that the affecte~
territory would be absorbed and become a part of precinct Bakers-
field No. 416 upon annexation. This would be an advantage to the
County Clerk, and to registered voters, as they would'then be a
part of the precinct presently surrounding them.
3. Extension of the above-listed services to the
affected territory would not be delayed after annexation. It
clearly appears that all such services can feasibly be extended
to the affected territory upon completion of annexation proceed-
ings and a favorable decision by the Board of Supervisors.
4. It does not appear likely that there will be any
significant improvement or upgrading of structures, roads, sewer
or water facilities in the near future. The City streets adjacent
to_the_affected territory are already within the City. -.
~Upon annexation of the affected territory, the City
has no plans which would result in the imposition or requirement
for any improvement liens or other such conditions affecting the
area.
5. There will be no necessity for special financing
of the listed and described services to be extended to the
affected territory. No expansion of work force is anticipated.
The services will be absorbed in the totality of like services
now being provided and financed through general City revenues.
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 19th day of April , 1978, by
the following vote:
AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, RATFY, ROGERS, SCEALES, STRONG
NOES: COUNC,L,~m: ~0 tJ ~_
ABSENT: COUNCIL/vlEN: ~)C~/~) F'
ABSTAINING COUNCILMEN: pj f,) I0 ~
the
1978
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CITY ATTORNEY of t ~'C~it~ o Bakersfield