HomeMy WebLinkAboutRES NO 128-94RESOLUTION NO.
RESOLUTION ACCEPTING PETITION AND
DETERMINING TO UNDERTAKE SPECIAL
ASSESSMENT PROCEEDINGS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO.
(GOSFORD/WHITE)
94-2
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;
SF2-33549.1
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
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SF2-33549.1 2
regular meeting thereof held on August 10, 1994, by the following
vote:
AYES: COUNCILMEMBERS McDERMOl'r, EDWARA~, ~ND, ~4ITH, BRUNNI, ROWLES, ~ALVA~10
NOES: COUNCILMEMBERS ¥ ~(.~*~.~' .,~ .
ABSTAIN: COUNCILMEMBERS ~("~ (' Y~ ~
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVals 10th day of August,
MAYOR~f~ ci~t~ 0f Bakersfield
1994
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE
COUNTERSIGNED:
City of Bakersfield
$F2-33549.! 3
CERTIFICATE RESPECTING SUFFICIENCY OF PETITIONS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO.
(GOSFORD/WHITE)"
94-2
I, the undersigned, certify:
I have examined a "Petition for Special Assessment
Proceedings" signed by owners of land shown on the exhibit map
attached thereto.
I have compared the names on the petition with the
names of owners of land as shown on the records of the County
Assessor.
I find the petition to have been signed by owners of
more than sixty percent (60%) in area of the land subject to
assessment within the boundaries shown on the above-entitled map.
I calculate that the owners of IOO% of the described
land have signed the petition.
Dated: August 10, 1994
RAUL M. ROJAS, Director of Public
Works, City of Bakersfield