HomeMy WebLinkAboutRES NO 43-94R SO UTIO, 04-, -94
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BiCKERSFIELD CONFIRMING
~,fENDED ~SSESSHENT TO SEGREGATE ~D ~PPORTION
UNPAID INST~IsL~ENTS OF EXISTING ~SSESSHENT
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 82-1
ASSESSMENT ~ND DIAGRAM AKENDMENTS NOS. 50 ~ 51
RESOLVED, BY THE CITY COUNCIL (the "Council") OF THE CITY
OF BAKERSFIELD (the "City"), as follows:
WHEREAS, on April 20, 1983, the Council adopted
Resolution No. 64-83, confirming and ordering the recordation of
assessments for city of Bakersfield Assessment District No. 82-1
(the "District"); and
WHEREAS, certain assessments of the District have been
affected by divisions of transfer of ownership of the original
parcels of land within the District; and
WHEREAS, on March 9, 1994, the Council adopted Resolution
No. 29-94 , ordering preparation of amended assessment 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 April 6, 1994, 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 amended assessment to segregate and apportion
unpaid installments of existing Assessment District No. 82-1, 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
WHEREAS, the protest hearing was duly and regularly held
by the Council at the time and place designated in the notices; and
3-8-~CR.O4.D
WHEREAS, the Council did hear all objections and protests
to the improvements and to the extent of A.D. 82-1, and to the
proposed amended assessment and diagram, 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
A.D. 82-1 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 A.D. 82-1, 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, the amended assessment to segregate and
apportion unpaid installments of existing A.D. 82-1, 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 the
amended assessment 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 6th day of April, 1994, by the
following vote:
AYES: COUNCILMEMEER$ McDERMO'I'r~,E-,~t~JI~B6, DoMOND, SMITH, BRUNNI, ROW1,.E$, S/ILVAGGIO
NOES: COUNCILMEMBERS '~,~--~, e..
ABSTAIN: COUNCILMEMBERS
CITY OF BAKERSFIELD
By: City Clerk and Ex Officio
Clerk of the Council of the
city of Bakersfield
MAYOR~f 'tfie City of Bakersfield
APPROVED AS TO FORM:
BURKE WILLIAMS & SORENSEN, BOND COUNSEL
B~;: K. Diane Lushbough/~
COUNTERSIGNED:
CITY ATTORNEY of thirty o~
Bakersfield