HomeMy WebLinkAboutRES NO 53-95RESOLUT O. MO. $ 3 ' 9 $
RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT,
SETTING DATES FOR INFORMATIONAL HEARING
AND PUBLIC HEARING OF PROTESTS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO.
(RENFRO/HUGHES)
94-1
WHEREAS, at the direction of this City Council, Wilson &
Associates, as Assessment Engineer for improvement proceedings in
Assessment District No. 94-1 (Renfro/Hughes), 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,
hereafter in this resolution referred to as "the Act"), and it is
appropriate for this Council to preliminarily approve said report
and to schedule the informational hearing and 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
informational meeting and a public hearing of protests as
provided in the Act, and said report shall stand as the report
for the purpose of all subsequent proceedings under the Act,
except that it may be confirmed, modified, or corrected as
provided in the Act.
2. This Council hereby sets 7:00 o'clock P.M. or as soon
thereafter as the matter may be heard, on April 19, 1995, in the
Council Chambers of the City Council of the City of Bakersfield,
1501 Truxtun Avenue, Bakersfield, California, as the time and
place for a public meeting at which information will be presented
respecting the proposed improvement project, the proposed levy of
assessments and related matters as set forth in said report.
3. This Council hereby sets 7:00 o'clock P.M. or as soon
thereafter as the matter may be heard, on May 17, 1995, in the
same Council Chambers at 1501 Truxtun 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 object to said public improvements, or to the extent
of said assessment district or to said proposed assessment by
filing a written protest with the City Clerk at or before the
time set for said public hearing. Each protest must contain a
description of the property in which the signer thereof is
interested sufficient to identify the same and, if the signers
are not shown on the last equalized assessment roll as the owners
of such property, must contain or be accompanied by written
evidence that such signers are the owners of such property. The
City Clerk shall endorse on each protest the date of its receipt
and at said time appointed for said hearing shall present to the
Council all protests filed with her.
4. The City Clerk is hereby directed to cause a notice of
said public information hearing and a notice of said public
protest hearing to be given by mailing notices thereof in the
time, form and manner provided by law, and upon the completion of
the mailing of said notices, 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.
5. Wilson & Associates, 4421 West Sierra Madre, Suite
201, Fresno, California 93722, telephone (209)275-5445, is
hereby designated to answer inquiries regarding the protest
proceedings.
I HEREBY CERTIFY that the foregoing resolution was passed
and adopted by the Council of the City of Bakersfield at a
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regular meeting thereof held on March 22, 1995, by the following
vote:
AYES: COUNCILMEMBER DeMOND, .C~SON, SMITH, McDERMOTT, ROWI~S, CHOW, SALVAGGIO
NOES: COUNCILMEmBER ~4~ n~
ABSTAIN: COUNCILMEMBER ~ OV] ~
ABSENT: COUNCILMEMBER ~4 ~ ~
and Ex
ASSiStantCity Clerk Off:
Clerk of the Council of the
City of Bakersfield
1995
APPROVED AS TO FORM:
OPtRICK, H~RINGTON & SUTCLIFFE
COTTERS IGNED:
City of Bakersfield
Assessment District No.
(Renfro/Hughes)
94-1
Notice of Public Hearinqs
Pursuant to the provisions of the Municipal Improvement Act of 1913
(Sections 10000 and following, California Streets and Highways Code) and
California Government Code Section 54954.6, notice is hereby given as
follows:
1. At 7:00 p.m. (or as soon thereafter as circumstances permit)
on April 19, 1995, in the Council Chambers of the City Council of the City of
1501 Truxtun Avenue, Bakersfield, California, said City Council will hold a
public information hearing respecting the proposed Assessment District No.
94-1 (Renfro/Hughes) to present information respecting the public improvement
project which is being financed with special assessments to be levied upon
benefited parcels of land within the assessment district, the extent of the
assessment district, the estimated cost and expense of the project, the
amounts of the assessments proposed to be levied upon the benefited parcels,
and the method or formula by which benefit has been estimated.
2. Notice is further given that at 7:00 p.m. (or as soon
thereafter as circumstances permit) on May 17, 1995, in the same Council
Chambers of the City Council, the City Council will hold the public protest
hearing respecting the proposed assessment district.
3. The public improvements which are the subject of the proposed
assessment district are generally described as follows:
Renfro Area
Acquisition of certain public improvements, together with
appurtenant work in connection therewith, generally described asa
sanitary sewer mainline and drainage system, including manholes,
various street improvements, water line improvements, and in-tract
improvements to new development.
Huqhes Area
Construction of certain public improvements, together with
appurtenances and appurtenant work in connection therewith,
generally described as a sanitary sewer system, together with house
laterals, manholes, cleanouts, fittings, asphalt patching of all
streets, and appurtenant work and improvements.
The estimated cost and expense to be assessed to the benefited
parcels also includes related engineering expenses, fees for various
professional services related to formulation and implementation of the
assessment district, and costs of issuance respecting the proposed tax-exempt
improvement bonds.
$F2-36792.1
The public improvements and the estimated cost and expense are
described in detail in the Engineer's Report on file with the City Clerk, and
interested persons are referred to the Engineer's Report for further
information.
4. The present best estimate of the total cost and expense of the
proposed project and related assessment proceedings and bond financing is
approximately $ for the Renfro Area and $760,000 for the Hughes
Area. Please see the attached assessment data mailing slip for the amount of
the assessment proposed for your parcel or parcels. For your information, all
parcels in the Hughes Area are being assessed the same amount.
5. The City Council intends, pursuant to subparagraph (f) of
Section 10204 of the California Streets and Highways Code, to provide for an
annual assessment upon each of the parcels of land in the proposed assessment
district to pay various costs and expenses incurred from time to time by the
City and not otherwise reimbursed to the City which result from the
administration and collection of assessment installments or from the
administration or registration of the improvement bonds and the various funds
and accounts pertaining thereto, in an amount not to exceed $50.00.
This annual assessment shall be in addition to any fee charged pursuant to
Sections 8682 or 8682.1 of the Streets and Highways Code.
6. For further particulars, you may refer to the Resolution of
Intention and the Engineer's Report, which are on file with the City Clerk.
Inquiries about the assessment proceedings will be answered by Marian Shaw,
City Public Works engineer, at (805) 326-3579.
7. Any interested person may file a written protest with the City
Clerk at the office of the City Clerk, at the address set forth in
paragraph 1, at or before the time set for the May 17 hearing. Each protest
must contain a description of the property in which the signer is interested,
sufficient to identify the property, and must specify the grounds of protest.
8. If written protests are filed by the owners of more than 50%
in area of the property to be assessed, then a "majority protest" is created.
If a majority protest still exists when the May 17 hearing (and continuations
of the hearing, if any) is closed, then the assessment proceedings must be
abandoned under the city Council votes, by not less than a 4-5ths majority,
to overrule the protests.
DATED: March 22, 1995
Carol Williams
City Clerk
City of Bakersfield
SF2-$6792.1 2