HomeMy WebLinkAboutRES NO 8-94RESOLUTIO $ - 9 4
A RESOLUTION PRELIMINARILY APPROVING
ENGINEERrS REPORT, APPOINTING TIME AND PLACE OF
INFORMATIONAL MEETING, AND APPOINTING TIME
P/qD PLACE OF HEANING PROTESTS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO.
(STINE-HARRIS)
93-2
IT IS RESOLVED BY THE CITY COUNCIL (the "Council") OF THE
CITY OF BAKERSFIELD (the "City") as follows:
WHEREAS, on January 12, 1994, the Council adopted its
Resolution of Intention to perform the work, make acquisitions and
order improvements (collectively the "Improvements") in the City of
Bakersfield (the "City") and to make the costs and expenses thereof
chargeable upon an assessment district generally known as City of
Bakersfield Assessment District No. 93-2 ("A.D. 93-2"); and
referred the Improvements to the Engineer of Work for the City, and
directed the Engineer of Work to make and file with the City Clerk
a report in writing, as more particularly described in the
Resolution of Intention, pursuant to the Municipal Improvement Act
of 1913; and
WHEREAS, the Engineer of Work has made and filed with the
City Clerk a report in writing as called for in the Resolution of
Intention (the "Report"), which Report has been presented to this
Council for consideration; and
WHEREAS, the Council has duly considered the Report and
finds that each and every part of the Report is sufficient, and
that neither said report, nor any part thereof, requires or should
be modified in any respect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF Bakersfield AS FOLLOWS:
1. The plans and specifications of the Improvements to
be constructed or installed, if any, or general description of
Improvements already installed, if any, as contained in the Report,
are hereby preliminarily approved and confirmed.
2. The Engineer's estimate of the costs and expenses of
the works and improvements and of the incidental expenses in
connection therewith, contained in the Report, be, and each of them
is hereby, preliminarily approved and confirmed.
3. The diagram showing A.D. 93-2 referred to and
described in the Resolution of Intention and also the boundaries
and dimensions of the respective subdivisions of land within
A.D. 93-2 as the same existed at the time of the passage of the
Resolution of Intention, each of which subdivisions has been given
a separate number upon such diagram as contained in the Report, be,
and it is hereby, preliminarily approved and confirmed.
4. The proposed assessments upon the several
subdivisions of land in A.D. 93-2, in proportion to the estimated
benefits to be received by such subdivisions, respectively, from
the Improvements, and of the incidental expenses thereof, as
contained in the Report, are hereby preliminarily approved and
confirmed.
the purpose
Resolution of
The Report shall stand as the Engineer's Report for
of all subsequent proceedings pursuant to the
Intention.
6. Wednesday, February 23, 1994, at the hour of 7:00
p.m., in the regular meeting place of this Council, being the
Council Chambers, city Hall, 1501 Truxtun Avenue, Bakersfield,
California, be and the same are hereby fixed as the time and place
when and where this Council will allow public testimony regarding
the proposed assessment and assessment district. Notice of such
meeting shall be given in the standard manner regular meetings of
the Council are noticed.
7. Wednesday, March 9, 1994, at the hour of 7:00 p.m.,
in the regular meeting place of this Council, being the Council
Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California,
be and the same are hereby fixed as the time and place when and
where this Council will hear and consider protests to the proposed
work and improvements, the extent of the assessment district, or to
the proposed assessment. Any interested person may object to the
proposed work and improvements, the extent of the assessment
district, or the proposed assessment, by filing a written protest
with the City Clerk at or before said time set for hearing. The
City Clerk shall endorse on each protest the date of its receipt,
and, at the time fixed for the hearing, shall present to the
Council all protests filed with the City Clerk.
8. The Department of Public Works of the City, 1501
Truxtun Avenue, Bakersfield, California 93301, is designated as the
City Department to answer inquiries regarding the protest
proceedings.
9. The City Clerk is hereby directed to give notice of
the hearing on the Resolution of Intention and Engineer's Report
and the proposed levy of the assessment by mailing or causing to be
mailed, postage prepaid, in the United States mail, at least 45
days prior to the date set for the protest hearing set in paragraph
7 above. The notice shall be deemed given the day when deposited
in the United States mail. The notice shall be sent to all persons
owning real property to be assessed whose names and addresses
appear on the last equalized assessment roll for City taxes prior
ORG,-i~L
thereto or the California State Board of Equalization assessment
roll, as the case may be. The envelope or the cover of the mailing
shall include the name of the local agency and the return address
of the sender.
The notice shall include the following information: 1) the
estimated amount of the assessment per parcel; 2) a general
description of the purpose or Improvements that the assessment will
fund; 3) the City department designated in paragraph 8 above and
the address therefor, to which property owners may mail a protest
against the assessment; and 4) a statement that a majority protest
shall cause the proceedings to be suspended for a minimum of one
year, unless the protests are overruled by an affirmative vote of
four-fifths of the members of the Council.
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 January 12, 1994, by the following
vote:
AYES: COUNCILMEMBERS M,~k=Rfii~i,,E, EDWARDS, D~MOND, SMITH, BRUNNI,, ."T-'.'.'...~C, SALVAGGIO
NOES: COUNCILMEMO?7,% ~
ABSTAJN; COUNC;LMEMBERS
,AilmENT: OOUNCtLMEMBERS
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this]~12th day of January,
~AYO o f~~t he4~it/yy~o f Baker s f is ld
1994.
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN,
Bond Counsel
COUNTERSIGNED:
CITY ATTORNEY of the
City of Bakersfield
MEMORANDUM
January 31, 1994
File
FROM: Ginger J Roe, Clerk/Typist '~?
SUBJECT: RESOLUTION NO. 7-94
RESOLUTION APPROVING BOUNDARY MAP AND
DESIGNATING NAME OF ASSESSMENT DISTRICT - CITY
OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-2
(STINE-HARRIS)
There were some misunderstandings during the processing of
this resolution. This memorandum has been placed in the file with
the original resolution to help clear up any questions that may
arise.
In paragraph 2 (on the front page), where it talks about
having something recorded, it was misinterpreted to say that the
resolution was to be recorded. In actuality, only the map showing
the boundaries of the assessment district was to be recorded (This
map is recorded by Public Works staff). However, this resolution
was recorded but Exhibit "A" was not attached (which is the map).
When the errors were discovered, the following things were done to
remedy the situation:
A map was attached to the already recorded resolution.
(This was done because it states, in paragraph 1: "A copy
of such map is attached hereto as Exhibit "A" and
incorporated herein." Therefore a copy of the map needs
to be attached to the document even though it was not
attached when the document was recorded) Since the
document was recorded in error, it will not be re-
recorded with the map.
John Stinson, in Public Works, was contacted to determine
if anything else needed to be done to remedy the
situation. He stated that Public Works has already
recorded the map, as is described in the document, and
that no other action was necessary.
This memorandum was prepared in order to help answer any
questions that may arise at a later date.
John Stinson also called the Recorder's office to see if the
resolution could be un-recorded. He was informed that this could
only be done by court order. The error in recording this document
did not warrant such action.
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