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HomeMy WebLinkAboutRES NO 123-03 RESOLUTION NO. 1 2 3 ' 0 $ RESOLUTION pRELIMINARILY APPROVING ENGINEER'S REPORT, SETTING DATE FOR PUBLIC HEARING OF PROTESTS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-2 (BUENA VISTA iTANCH/BELSERA IUMONTARA Il/OLIVE PARK Il) WHEREAS, at the direction of this City Council, Wilson & Associates, as Assessment Engineer for improvement proceedings in Assessment District No. 03-2 (Buena Vista Ranch/Belsera II/Montara Il/Olive Park Il), City of Bakersfield, County of Kern, State of California, has filed with the City Clerk the report described in Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913, hereaiter in this resolution referred to as "the Act"), and containing the matters required by Article XIIID of the California Constitution ("Article XlllD'), and it is appropriate for this Council to preliminarily approve said report and to schedule the public hearing of protests respecting said report. NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. This Council preliminarily approves the report without modification, for the purpose of conducting a public hearing of protests as provided in the Act, Article XIID, and Section 53753 of the California Government Code. Said report shall stand as the report for the purpose of all subsequent proceedings under the Act and Section 53753, except that it may be confirmed, modified, or corrected as provided in the Act. DOCSSFl:688565.1 40213-31 SS4 2. This Council hereby sets 7:00 o'clock P.M. or as soon thereafter as the matter may be heard, on August 27, 2003, in the Council Chambers at 1501 Tmxtun Avenue, Bakersfield, California, as the time and place for a public hearing of protests to the proposed public improvements, the proposed levy of assessments, the amounts of individual assessments, and related matters as set forth in said report, and any interested person may appear and object to said public improvements, or to the extent of said assessment district or to said proposed assessment. 3. The City Clerk is hereby directed to cause a notice of said public heating to be given by mailing notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753, and upon the completion of the mailing of said notices and assessment ballots, the City Clerk is hereby directed to file with the Council an affidavit setting forth the time and manner of the compliance with the requirements of law for mailing said notices and assessment ballots. 4. Wilson & Associates, 4421 West Sierra Madre, Suite 201, Fresno, California 93722, telephone (559) 275-5445, is hereby designated to answer inquiries regarding the protest proceedings. DOCSSFl:688565.1 40213-31 SS4 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 July 9, 2003, by the following vote: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER City Clerk and Ex Officio (,/ Clerk of the Council of the City of Bakersfield APPROVED this 9th day of July, 20~ // HARVEY L. FtALL, MAYOR / APPROVED AS TO FORM: ORRICK HERRINGTON & SUTCLIFFE LLP APPROVED AS TO FORM: BART J. THILTGEN City Attorney DOCSSFl:688565.1 40213-31 SS4 3