HomeMy WebLinkAboutRES NO 98-96RESOLUTION NO. '9 B ' 9 B
RESOLUTION ACCEPTING PETITION AND
DETERMINING TO UNDERTAKE SPECIAL
ASSESSMENT PROCEEDINGS
(BRIMHALL II,
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-1
SPRING MEADOWS, FAIRWAYS, AND CANPUS PARK)
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 benefitting 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 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:
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).
3. The public interest and convenience will be served
by the taking of such proceedings.
4. This action is "final" within the meaning of
Streets and Highways Code Section 3012.
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 August 21, 1996, by the following
AYES: COUNCILMEMBER BeMOND, CARSON~ ~IcDERMOTT, ROWLES, SULLIVAN, SALVAO.GIO
vote: NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
~k,e~N~ COUNCILMEMBER
C;erYk of the Council 2~the
City of Bakersfield
MAYO~ of ~he City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERRINGTON & $UTCLIFFE
COUNTERSIGNED:
City of Bakersfield
1996