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HomeMy WebLinkAboutRES NO 046-03 046-03 RESOLUTION NO. RESOLUTION ACCEPTiNG PETITION AND DETERMINiNG TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDiNGS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-1 (BRIGHTON PLACE/SILVER CREEK II/SEVEN OAKS COMMERCIAL) 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 pement (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. The 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 terms of the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance with the Special DOCSSF1:667224.1 402 l 3-30 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 the meaning of Streets and Highways Code Section 3012. DOCSSFl:607224.1 40213 30 SS4 I HEREBY CERTIFY that the foregoing resolution ~vas passed and adopted by the Council of the City of Bakersfield at a regular meeting thereofheld on March 26, 2003, by the following vote: AYES: NOES: ABSTAIN: ABSENT: CARSON, BENHAM, MAGGARD, COUCH, IIANSGN, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER tL~ ~ 1"4 ,~0/X~ 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 of the City of Bakersfield APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP APPROVED AS TO FORM: BART J. TH1LTGEN City Attorney DOCSSF1:667224 [ 40213-30 SS4 CERTIFICATE RESPECTING SUFF'ICIENCY OF PETITIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-1 IBR[GHTON PLACE/SILVER CREEK II/SEVEN OAKS COMMERCIAL) I, the undersigned, certify: I have examined a "Petition for Special Assessment Proceedings", signed by owners of land shown on the exhibit map attached thereto, showing the boundaries of the property to be assessed for the proposed City of Bakersfield Assessment District No. 03-1 (Brighton Place/Silver Creek Il/Seven Oaks Commercial). I have compared thc 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 By_ DOCSS[ 1:667220. 40213.3(I 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 TIlE UNDERSIGNED, constituting property owners within the territory as shown on Exhibit "A" attached to this Petition, whose property will be snbject to thc 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 provisions of Sections 13.08.060 and 13.08.070 of the Bakersfield Municipal Code, to finance the construction of certain public works of improvement, togetber with appurtenances and appurtenant work in connection therewith, generally described as follows: The construction of a sh'eet improvements including curb, gutter, sidewalk, paving, street lights, water, walls and median deposit within the boundaries of the proposed assessment district as shown on the attached Exhibit "A". TIlE 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 pemaitted under the "Special Assessment investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and Highway Code of the State of California. An estimate of the total cost of the inrprovements project to be financed by the proposed assessment district is $2,366,159 WE HEREBY FURTHER REQUEST: 1) That you assess the cost of said acquisitions and inrprovement 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 at~empts be made so that said proceedings and the Resolution of Intention can be adopted at the earliest time. This Petition may be signed in counterpart and constitutes one Petition and Waiver, and nmy be consolidated with similar petitions and waivers for similar improvements herein mentioned. We understand that property owners of more than 60 percent in area of the territory subject to the proposed assessment must execute similar petitions before the Agency can take the action requested herein. Respectfully submitted, CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP BY: CENTEX REAL ESTATE CORPORATION, A NEVADA CORPORATION, MANAGING GENERAL PARTNER SIGNATURE DATE David llatch, President-Central Valley Division SEE ATTACHED FOR AS,';F.~SOR'S PARCEL NO./ADDRESS A-1