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HomeMy WebLinkAboutRES NO 94-94RESOLUTION NO. 9 4 ' 9 4 RESOLUTION ACCEPTING PETITION AND DETERMINING TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. (RENFRO/HUGHES) 94-1 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. That the petitions as filed with the City Clerk are hereby found to be legally sufficient and are accepted by this City Council. 2. That 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. That the public interest and convenience will be served by the taking of such proceedings. 4. That 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 /// /// /// /// /// /// /// /// /// 2 regular meeting thereof held on June 29, 1994, by the following vote: ~.¥~,~: CO*JNCILMEMI~ER$ McOERMOTF, EDWARDS~DeMOND, SMITH, BRUNNI, ROWLE$,BALVAGGiO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBER~ A~ENT: ~,OUNCILMEI~I~ ¥A (~,~ --~ City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED_th~s%29th day of June, 1994 MAYOR o~ the City of Bakersfield APPROVED AS TO FORM: ORRICK, HERRINGTON & $UTCLIFFE .on COUNTERSIGNED: CITY ATTORNEY of the~/ City of Bakersfield 3