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HomeMy WebLinkAboutRES NO 104-82RESOLUTION NO. 104-82 RESOLUTION OF APPLICATION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD, IDENTIFIED AS ANNEXATION NO. 284 (KERN CITY NO. 2). 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 of the State of California. NOW, THEREFORE, the Council of the City of Bakersfield hereby resolves, finds and determines as follows: 1. 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. 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 provisions 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. 4. That this proposal for change of organization, to wit, annexation, is made pursuant to the Municipal Organization Act of 1977 (Part 2 of Division 2 of Title 4 of the Government Code of the State of California, commencing with Section 35000 thereof), and it is requested that proceedings be authorized for annexation in accordance therewith. 5. That the reasons for the proposed change of organiza- tion are that the owners of the affected territory desire to receive, and in some instances already are receiving, 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. 6. That on March 17, 1982, this Council previously adopted Resolution No. 27-82, an application proposing proceedings for the annexation of territory to the City of Bakersfield identified by Annexation No. 284, and that same application was submitted to the Local Agency Formation Commission on March 18, 1982. 7. That the application expired due to the inability of the County of Kern and the City of Bakersfield to resolve the allocation of property tax disbursement upon annexation as required during a thirty (30)-day negotiation period, and the Local Agency Formation Commission Officer requested the City to resubmit the application. 8. That on May 26, 1982, this Council adopted Resolution No. 56-82, an application proposing proceedings for the annexation of territor~ to the City of Bakersfield identified by Annexation No. 284, and that same application was resubmitted to the Local Agency Formation Commission on June 1, 1982. 9. That the application expired due to the inability of the County of Kern and the City of Bakersfield to resolve the allocation of property tax disbursement upon annexation as required during a thirty (30)-day negotiation period, and the Local Agency Formation Commission Officer has advised the City that the resubmission of the application is necessary. 10. The zoning upon annexation of Kern City No. 2 will allow the same uses as presently existing in the County. 11. 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: Philip Kelmar City Manager City of Bakersfie~d 1501Truxtun Avenue Bakersfield, CA 93301 Richard J. Oberholzer City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 (Legal Counsel for Applicant) 12. 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 2. 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 15th day of September, 1982, by the following vote: ABSENT: COUNCILMEN: ABSTAINING: COUNCILMEN: CITY of the Council of the City of Bakersfield CI TOR t e City ~f Bakersfield KERN CITY A}qNEXATION NO..2 ANNEXATION NO. 284 A parcel of land situate in the County of Kern, State 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 S with the east line of the west 200 feet of said Section 3; - Taence (1) S 89° 02' 51" E along 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 shown on a map of Tract No. 2560, recorded in Book 12 of blaps, pages 49 through 53, records of said Kern County, said intersection being also a point on the Corporate Boundary of the City of Bakersfield; Thence (2) southerly 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 shmcn 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) dep~rting from said Corporate Boundary (assuming a bearing of N 89° 02" Si" W for the north line of said Section 3), N 9° S6' 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 S945 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 (S) 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. Amended February 17, 1982 .. EXHIBIT "A" ~ I, I ! (4) COURSE LEGEND (I) S 89°02'5!"E., 2021 (2.) Corporate Boundcry (:5) N. 9°56'06"E, :556 (4) A=9018'25' R=5945' L = 96 5.69' (5! N.O°37'41"E.,2075.56 \ ~' NOF:D~C (2) \ ~ (2) \ (2) ',, FJORD ANNEXATION NO. 2 8 4 ',___.:. KERN CITY ANNEXATION ; LEGEND C B 8~ tzoo '~ //////// orporate oundary . t..-I . o "" EXI.:ilBIT C · o o o rf (~ C~ C~ 0 rt 0 o 0 m~ · ,-4 0 ,p · r- o · 'F--~ -,H 0 :,>! C' · 0 · H 0 rj U ~-,-(-r-4 0 rj :~ 0 ~ Q~ ,z~ ,-I 0.~4 ,-I o · H.U r,J q) ~ O ='-0 I ~J ,H 0 oJ o~ O cJ ~ 0 "~ tl n:::)~ n,.j 0 H ,-.I =1 ~ cJu 0 ~ 0 ~,u c~ III'. h.~.at effects, if any, would ~nneyation of this territory.have On existin.,J leve? of city services (i.e., need.for additional emerSency so.trice personnel or-con~ 'struction of ne~ facilities, etc.).? The annexation of this territory will not affect the near term level. or, capacity of the Cit2& to provide needed services. _ Since the ~r;:.a is virtualIv' fu!lv deveioped~ Ehe demand for services is not _ expected to .'-ceed the current ].evalJrovided bv public agencies..- .' 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. Seven.new hydrants would requi.re in- stailation for acceptablh City standards and an additional 30 hydrants would require adaotation. The total cost for these improvements is estimated at _. $19,500 to be paid for by t~e City. Indicate ind e~p]ain existing zoning in affected territory. See at'tached zoning.map 123-3. The area is primarily zoned R-1 reflecting its predominant residential and recreational character. The Kern County Superintendent of _Schools Administrative Center and associated office buildings are zoned C-2 P-D and C-O. VI. Indicate and explain proposed prezoning in area. (List effects on present land use that would occur'as a result of annexation such as maintenance of livestock on property, etc.) The Bakersfield Metropolitan Area General' Plan (B~GP) Land Use.Element designates ~he existing developed residential portion of the annexation proposal as Low and Medium Density Residential use. It also designates the Kern County Administrative offices as Comnercia! and the Kern City Golf Course as Open .'Space. Any prezoning.of this area would-reflect the Land Us~ Element designerien and present urban usage. List city.services that area '~'ill directly or indirectly benefjt from st:ch as ace!eaSe in fire insurance ratc~ shorter emerge:~cy respon. h~ time, use of cc~- mgni.'ty facilities, etc. city po-Lij-_e should be able to respond in a more ~ime!v manner than present Couj~ty Sheriff an~ State jH~-ghW~Y Patrol services. Refuse _ services are currently without chaLiCe to City rj~jidents- The surchar~jid __ for City ~bwer collection and treatment and water supp1J currently-as non-city residents would be removed. The City will also assume responsibility for fire hydrants, aHd street lighting'currently provided by a County service area charge to the property o~,mer. PleaSe'provide the: followinF, information relative-to city and county taxes: List existing tax rate(s) in area. There 'is no _di.ffe~e. in.. taxis t~.lLe accrued to the Coun_i.v_y_or City because of the annexation. Propositi__on 13 se_U~__ one percent of market va].ue limit on the p, eneral 'local'Kovernment .prooert.v ta:.:. The County service area charge of $40 annually' for street lighting, fire hydrants and landscape maintenance and 'the contract refuse coilection_cj~a.r~._es will be absorbed by the City from General. Revenue services. The existing representative propert';, tax rate of ]..201541% per market value i""ncludes special zones and school bonds. In addition $40 is applied per parcel for CSA No. 't (hydrants, lighting, etc., ref. above), a. nd $3.67 per parcel for CSA No. 12.2 (school crossing guards), annually.' List city tax rate(s). SEE ABOVE Mow will the difference'in ~tax rates affect a house with a market value of ~50, O00 NONE · i ;~_.. ..... ,Od ILl · i ka I 0