HomeMy WebLinkAboutRES NO 045-03 RESOLUTION NO. 0 4 5 ' 0 3
RESOLUTION ACCEPTING PETITION AND DETERMINING
TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 03-2
(BUENA VISTA RANCH/BELSERA II/MONTARA II)
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
spccifically assessed against each parcel of land benefiting from such improvements; and
WHEREAS, the pctition 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 thc 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 morc than sixty percent (60%) in
area et'the land subject to assessment within the proposed assessment district; and
WHEREAS, this City Council finds that the owners o£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:
SECTION 1. PETITION ACCEPTED. Thc petition as filed with the City Clerk
is hereby found to be legally sufficient and is accepted by this City Council.
SECTION 2. DETERMINATION TO UNDERTAKE PROCEEDINGS. The
special assessment proceedings shall be undertaken by the temps of the petition, pursuant to the
Municipal Improvcmcnt Act of 1913 and without further compliance with thc Special
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40213-31 SS4
Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with
Section 2800 of the Streets and Highways Code).
SECTION 3. PUBLIC INTEREST AND CONVENIENCE SERVED. The
public interest and convenience will be served by the taking of such proceedings.
SECTION 4. ACTION IS FINAL. This action is "final" within thc meaning of
Strects and Highways Code Section 3012.
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40213-31 SS4
1 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 March 26,
2003, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
· ~,*r,,~ VAN
CARSON, BENHAM, MAGGARD, COUCH, ~ ....... , SULLI , SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~ ~ N [~f) INJ
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 26th day of March, 2003
HARVEY L. HALL
Mayor oflhe City of~a!~ersfield ! ~
APPROVED AS TO FORM:
ORRiCK, HERRINGTON & SUTCLIFFE LLP
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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40213-31 SS4
CERTIFICATE RESPECTING SUFFICIENCY OF PETITIONS
CITY OF BAKERSFIELD
ASSESSMENT D1STRICT NO. 03-2
(BUENA VISTA RANCH/BELSERA II/MONTARA 11)
1, the undersigned, certify':
1 have examined a "Petition tbr Special Assessment Proceedings", signed
by owners of land shown on the exhibit map attached thereto, showing the boundaries of
the property to be assessed tbr the proposed City of Bakersfield Assessment District No.
03-2 (Buena Vista Ranch/Belsera ll/Montara II).
I have compared the names on the petition with the names of owners of
such land as shown on the records of the County Assessor.
I find the petition to have been signed by owners of more than 60% in area
of such land.
Dated: March 26, 2003
RAUL M. ROJAS,
Director of Public Works,
City of Bakersfield
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40213-31 SS4
TO:
THE HONORABLE CITY COUNCIL
CITY OF BAKERSFIELD
(hereinafter referred to as "Agency")
PETITION FOR THE CONSTRUCTION OF IMPROVEMENTS AND
WAIVER OF REQUIREMENTS OF DIVISION 4 OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
THE UNDERSIGNED, constituting property owners within the territory as shown on Exhibit "A" attached to this Petition,
whose property will be subject to the assessment for the improvements hereinafter requested, hereby request the formation
of an assessment district under the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets
and Highway Code of the State of California and the provisioos of Sections 13.08.060 and 13.08.070 of the Bakersfield
Municipal Code, to finance the construction of certain public works of improvement, together with appurtenances and
appurtenant work in connection therewith, generally described as follows:
Thc construction of a street improvements including curb, gutter, sidewalk, paving, street lights, traffic
signal, storm drain, sump, sewer, water, walls, laodscaping and canal crossing improvements within the
boundaries of the proposed assessment district as shown on the attached Exhibit "A".
THE UNDERSIGNED CONSENT to other appurtenant work and acquisition that is, in the opinion of Agency, necessary to
properly effectuate said improvements, and we hereby expressly waive certain rights to protest against and stop the
formation of the proposed assessment district as permitted under the "Special Assessment Investigation, Limitation and
Majority Protest Act of 1931," being Division 4 of the Streets and Itighway Code of the State of California. An estimate of
the total cost of the improvements project to be financed by the proposed assessment district is $3,218,982.
WE HEREBY FURTIIER REQUEST:
1)
That you assess the cost of said acquisitions and improvement together with the expenses incidental thereto upon
the district benefited thereby, which district is shown on the attached Exhibit "A".
2)
That we authorize you to exercise your proper discretion as vested in you pursuant to said Acts to make changes
and modifications in said improvements, said assessments, the boundaries of said assessment district or the
proceedings, prior to or during the course of said proceedings.
3) That all efforts and attempts be made so that said proceedings and the Resolution of Intention can be adopted at the
ear}test time.
This Petition may be signed in counterpart and constitutes one Petition and Waiver, and may be consolidated with similar
petitions and waivers for similar improvements herein mentioned. We understand that property orators of more than 60
percent in area of the territory subject to the proposed assessment must execute sinfilar petitions before the Agency can take
the action requested herein.
Respectfully submitted,
CASTLE & COOKE CALIFORNIA, INC.
SIGNATURE DA'IE
LAURA WHITAKER, VICE PRESIDENT
SEE A TTA CHED FOR ,4SSESSOR'S PA RCEL NO./A DDRESS
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