HomeMy WebLinkAboutRES NO 98-95 A REHOLUT~ON OF THE C~TY COUNCIL OF THE
C~TY OF B~I~ERHF~ELD CONF~lg.~N~
~ENDED ~EBBMENT TO SEGREGATE AND ~PPORT~ON
UNPaiD ZNST~,.,LLI. IENTB OF EX~STZNG ~SSESSMENT
C~TY OF B~I~ERHF~ELD ASSESSMENT DISTRICT NO.
ASHEHSI4ENT ~ND DIAG19~%I4ENDMENT NO. 7
AHSESSHENT NO. 7~
LOT LZNE ~'.,D~UBTNENT NO. 389
(HOSKZNG TRUNK SEWER)
RESOLVED, BY THE CITY COUNCIL (the "Council") OF THE CITY
OF BAKERSFIELD (the "City"), as follows:
WHEREAS, on September 30, 1992, the Council adopted
Resolution No. 191-92, confirming and ordering the recordation of
assessments for City of Bakersfield Assessment District No. 91-1
(the "District"); and
WHEREAS, Assessment No. 71 of the District and parcel
identified as Kern County Assessor's Parcel Number (APN) 373-040-23
(located outside District) have been affected by a lot line
adjustment of the original parcel of land within and outside of
District; and
WHEREAS, on May 17, 1995, the Council adopted Resolution
No.-~_~, ordering preparation of Assessment and DiagramAmendment
No. 7 to segregate and apportion unpaid installments of existing
assessment and setting time and place of hearing thereon; and
WHEREAS, the Council pursuant to the provisions of the
Municipal Improvement Act of 1913 of the Streets and Highways Code
of the State of California (the "Act"), appointed June 14, 1995, at
the hour of 7:00 p.m., in the regular meeting place of the Council,
being the Council Chambers, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place for hearing protests in relation
to the proposed Assessment and DiagramAmendment No. 7 to segregate
and apportion unpaid installments of existing Assessment No. 71 of
Assessment District No. 91-1, and directed the City Clerk to give
notice of said hearing as required by the Act; and
WHEREAS, it appears that notices of the hearing were duly
and regularly published, posted and mailed in the time, form and
manner required by the Act, as evidenced by the affidavits and
certificates on file with the City Clerk; and
4-25-95(6~95.1)
WHEREAS, the protest hearing was duly and regularly held
by the Council at the time and place designated in the notices; and
WHEREAS, the Council did hear all objections and protests
to Lot Line Adjustment No. 389, amending existing Assessment No. 71
and APN 373-040-23 within and outside of Assessment District No.
91-1, and to the proposed Assessment and Diagram Amendment No. 7,
and all persons interested and desiring to be heard were given an
opportunity to be heard, and
all matters and things pertaining to the proposed amended
assessment were fully heard and considered by the Council and the
Council has acquired jurisdiction to confirm the amended assessment
and diagram to pay the costs and expenses thereof.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND
ORDERED AS FOLLOWS:
1. The owners of more than one-half of the area to be
assessed due to the segregation and apportionment of existing
Assessment No. 71, of Assessment District No. 91-1 did not, at or
prior to the time fixed for the protest hearing, file written
protests against the proposed segregation and apportionment.
2. Any and all protests made to the segregation and
apportionment of Assessment No. 71 of Assessment District No. 91-1,
if any, and all persons desiring to be heard in relation to this
matter, whether as protestants or otherwise, have been fully heard
and considered, and are hereby overruled.
3. The public interest and convenience require, and the
Council does hereby order, Assessment and Diagram Amendment No. 7
to segregate and apportion unpaid installments of existing
Assessment No. 71 of Assessment District No. 91-1, in accordance
with and more fully described in the engineer's report therefor on
file with the street superintendent of the City.
4. The street superintendent of the City shall file
Assessment and Diagram Amendment No. 7 with the Auditor of Kern
County, who shall annually thereafter enter upon the tax roll of
Kern County the installments becoming due on each parcel as set
forth in the report.
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I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the City Council of the City of Bakersfield at a
regular meeting thereof held on the 14th day of June, 1995, by the
following vote:
AYES; COUNC LMEMgFR Det,~OND, CARSON, SMITH, McDERMOTT, lal~, CHOW, SALVAGGIO
NOES: COUNCtLMEMr~R
ABSTAIN: COUNCILMEMBER
ABSENT: COONCILMEMBER
CI~F BAKERSFIELD
City of Bakersfield
APPROVED ~t~i~ 14th day of June 1995.
y ~eld
APPROVED AS TO FORM:
BURKE WILLIAMS & SORENSEN, BOND COUNSEL
COUNTERSIGNED:
BY:cITY ATTORNEY of the C~ of
Bakersfield
4-25-95(6995.1)