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HomeMy WebLinkAboutRES NO 102-94 ESO TIO 1 0 2- 9 4 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS FOR SPECIAL ASSESSMENT FOR THE MAINTENANCE OF THE STORM WATER SYSTEM AND SEWER SYSTEM IMPROVEMENTS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. (CALIFORNIA-OAK) 93-3 IT IS RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY OF BAKERSFIELD (the "City") as follows: WHEREAS, on May 4, 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. 93-3 ("A.D. 93-3"); 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 did make and file with the City Clerk a report in writing as called for in the Resolution of Intention (the "Report"), which Report was duly considered by the Council and preliminarily approved by a resolution titled, "A Resolution Preliminarily Approving Engineer's Report, Appointing Time and Place of Informational Meeting and Appointing Time and Place of Hearing Protests," adopted by the Council on May 4, 1994; and WHEREAS, the Resolution of Intention directed the Engineer of Work to include in the Report an estimate of an amount of special assessment to be levied for the maintenance, repair or improvement of the storm water system and the sewer system improvements included in the Improvements for each of the first five years such special assessment is levied, such estimate was included in the Report, and such Report was finally approved and adopted by the Council on June 29, 1994, by its adoption of the resolution titled, "A Resolution Adopting the Engineer's Report; Confirming the Assessment; and Ordering the Construction and/or Acquisition of the Improvements." (5/9/94) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. Wednesday, July 20, 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 special assessment for the maintenance, repair or improvement of the storm water system and sewer system improvements included in the Improvements. Any interested person may object to the proposed special 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. 2. 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. 3. The City Clerk is hereby directed to give notice of the hearing on the proposed levy of the special assessment by publication of the notice once a week for two successive weeks, with at least five days intervening between the respective publication dates, not including such publication dates. The first publication date shall be at least 14 days prior to the date set for the protest hearing set in paragraph 1 above. The notice shall include the following information: 1) the total estimated amount of the special assessment; 2) a general description of the purpose that the special assessment will fund; 3) the City department designated in paragraph 2 above and the address therefor, to which property owners may mail a protest against the special assessment; 4) the telephone number and address of an individual, office or organization that interested persons may contact to receive additional information about the special assessment; and 5) 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. (519194) 3491.1 2 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 June 29, 1994, by the following vote: ,~¥E5'. C~U~LMEMBER$ McDERMOTt. EDWARDS,~, SMITH, BRUNNI, ROWLES, SALVAGGIO NOES: COUNCILMEMBERS ~ ('~,"~ _ ABSTAIN: COUNCILMEMBERS .~(...~/'~ ~.~ , City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROV7 th~of June, 1994. MAYOR/~t"ne City of Bakersfield APPROVED AS TO FORM: BURKE, WILLIAMS & SORENSEN, Bond Counsel COUNTERS IGNED: CITY ATTORNEY of th~/' City of Bakersfield (5/9/94) 3 NOTICE OF ~.DOPTION OF RESOLUTION OF INTENTION AND THE FILING OF THE REPORT FOR L~v~ OF AHHEHSMENT CITY OF E~%KERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIa-OAK) NOTICE IS HEREBY GIVEN that the City Council of the City of Bakersfield, California, on May 4, 1994, adopted its RESOLUTION OF INTENTION ASSESSMENT DISTRICT NO. 93-3 (the "Resolution of Intention"), to order the construction and/or acquisition of the following briefly and generally described improvements: Assessment District No. 93-3 The improvements proposed to be acquired pursuant to the proceedings for City of Bakersfield Assessment District No. 93-3 are generally described as follows: The acquisition costs include (1) curb, gutter, sidewalk, handicap ramps, an additional lane of pavement, street lights, various traffic signal modifications and relocations of existing underground and overhead utilities between Real Road and Oak Street; (2) all necessary work to complete certain Highway 99 on- and off-ramp relocation and modification; (3) necessary modifications, if any, to the existing storm drain system and/or sewer system in California Avenue between Oak Street and Real Road; (4) widening the bridge on the northbound side of Highway 99 over the AT & SF tracks; and (5) acquisition of all rights-of-way, easements, franchises, licenses and permits, the construction of all auxiliary work, and the payment of incidental expenses necessary and/or convenient to the accomplishment of the foregoing. A report consisting of plans, specifications, maps, descriptions, estimate of costs and expenses, assessments and assessment diagram has been prepared by the Engineer of Work and filed with the City Clerk and is available for public inspection in the office of the City Clerk. The report also includes an estimate of an amount of assessment to be levied for the maintenance, repair or improvement of the storm water system and sewer system improvements for each of the first five years such assessment is levied. The total estimated cost for the maintenance of the storm water system and sewer system improvements is not to exceed $1,250. The estimated cost of the maintenance described herein to be assessed against benefitted properties is not to exceed $1,250. Exhibit "A" NOTICE IS GIVEN that Wednesday, July 20, 1994, at the hour of 7:00 p.m., or as soon thereafter as practical, of the City Council, at the regular meeting place, being the Counoil Chambers, 1501 Truxtun Avenue, Bakersfield, California, are the time and place fixed by the Council when and where it will consider and finally determine whether the public interest and convenience reqllire said maintenance, and when and where it will consider and determine whether the owners of a majority of the area of the property in the proposed assessment district have, at or before the time set for said hearinq, filed written protests against said maintenance or any portion thereof, and when and where it will hear all protests in relation to said proposed maintenance, or the estimate of the costs and expenses thereof. Any person interested may file a written protest with the city Clerk at or before the time set for the hearinq referred to herein. Protests may be mailed or delivered to the City Clerk, City of Bakersfield, 1501 Truxtun Avenue, Bakersfield, California 93301. If the protest is against the proposed levy of assessment for maintenance costs and the City Council finds that the protest is made by the owners of more than one-half of the area of the land to be assessed for the improvements, and protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be taken for a period of one year from the date of the decision of the City Council on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the City Council. Should you have any questions or inquiries regarding the protest proceedings, the following designates the name and telephone number you may contact: Marian Shaw at the Department of Public Works of the city, City of Bakersfield, 1501 Truxtun Avenue, Bakersfield, California, 93301. Marian Shaw may be contacted during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, in person or by calling (805) 326- 3724. If you leave your name and telephone number with Marian Shaw, a representative of the Engineer of Work will return your call to answer any questions. Dated: City Clerk, City of Bakersfield ATTENTION PROPERTY OWNER: Attached to this notice is a slip showing the amount or amounts proposed to be assessed against your particular parcel or parcels. This slip and notice is not a bill. If the Council confirms the proposed assessment following the hearing on Wednesday, July 20, 1994, then a statement will be mailed to you, titled, "Notice of Recordation of Assessment" with further information concerning payment or bond issuance.