HomeMy WebLinkAboutRES NO 078-02 RESOLUTION NO. 0 7 8 "' 0 2
RESOLUTION ACCEPTING PETITION AND DETERMINING
TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 02-1
(AVALON/BELS ERA/MONTARA/THE WOODS)
WHEREAS, the owners of certain real property situated in the City of Bakersfield
have filed with the City Clerk a petition, signed by such owners, requesting the acquisition
and/or construction of certain public improvements described therein, the cost of which is to be
specifically assessed against each parcel of land benefiting from such improvements; and
WHEREAS, the petition contains an express waiver of statutory proceedings
under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as
provided in Section 2804 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Clerk has also received a certificate to the effect that the
petition has been signed by persons owning lands constituting more than sixty percent (60%) in
area of the land subject to assessment within the proposed assessment district; and
WHEREAS, this City Council finds that the owners of more than sixty percent
(60%) in area of the land subject to assessment for the proposed improvements have signed such
petition and that the petition contains the matters required by Sections 2804 and 2804.5 of the
Streets and Highways Code;
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMiNES
AND RESOLVES as follows:
40213-29 SS4
1. The petition as filed with the City Clerk is hereby found to be legally
sufficient and is accepted by this City Council.
2. The special assessment proceedings shall be undertaken by the terms of
the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance
with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931
(commencing with Section 2800 of the Streets and Highways Code).
proceedings.
The public interest and convenience will be served by the taking of such
Section 3012.
This action is "final" within the meaning of Streets and Highways Code
40213-29 SS4
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 May 22,
2002, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER t~-~l/k-~
COUNCILMEMBER ~
COUNCILMEMBER Iko'C~v'q~
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 22nd day of May, 2002
HARVEY L. HALL
Mayor of t~h~~
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
COUNTERSIGNED:
BART J. THILTGEN
City Attorney
40213-29 SS4
3