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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 //~;,4q~-//~),~h: t~/f CITY ATTORNEY of t ~'C~it~ o Bakersfield