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HomeMy WebLinkAboutRES NO 182-94RESOLUT O 1 $ 2 - 9 4 ~ RESOLUTION OF THE COUNCIL OF THE C~TY OF B~KERBF~ELDt ORDERING CHANGE ~ MODiFiCaTION TO EN~NEER'S REPORTt ~88ESSMENT DZ~GR~,f ~ND ~BBE~BMENT ROLL FOR ~8BEBB~ENT DZBTRZCT NO. 93-3 (CALIFORNI~/O/~K PROJECT) RESOLVED, by the City Council of the City of Bakersfield, as follows: WHEREAS, the City Council of the City of Bakersfield did on May 4, 1994, adopt its Resolution of Intention No. 1115; and WHEREAS, the City Council pursuant to said Resolution of Intention No. 1115 did adopt the Engineer's Report, (herein "Engineer's Report") thereunder by Resolution No. 99-94, A Resolution and Order Adopting Engineer's Report, Confirming the Assessment and Ordering the Work, on June 29, 1994; and WHEREAS, property owners whose parcels will have increased assessments have waived their right in writing to public hearing on the within changes and modification and have further waived the 30 day cash payment period; and WHEREAS, the changes and modifications have modified or will modify the assessments and will decrease the aggregate assessment and the individual assessments for the District; and WHEREAS, said modifications are approved within this Assessment District, on condition that the existing assessments be respread and amended; and WHEREAS, a "Modified Engineer's Report, Change and Modification No. i and Assessment and DiagramAmendment No. 1, City of Bakersfield Assessment District No. 93-3 was duly made and filed with the City Clerk's office; and WHEREAS, an "Amended Assessment Diagram of City of Bakersfield Assessment District No. 93-3," was duly made and filed with the City Clerk's office; and WHEREAS, said Modified Engineer's Report describes the method of assessment respread and includes an Amended Assessment Roll as Report Exhibit "A", showing the exact amount of existing assessment proposed to be respread to each of the referenced California/Oak Project properties; and WHEREAS, Section 10351 of the Streets and Highways Code of the State of California, authorizes the city Council to make such changes and modifications. NOW, THEREFORE, BE IT ORDERED AS FOLLOWS: 1. The Council finds that the changes can be made pursuant to Section 10352 of the Streets and Highways Code of the State of California without notice and hearing as there is a reduction in the total assessment and the individual assessments pursuant to the benefit received without a reduction in benefits. 2. That the Engineer's Report be changed and modified as provided in "Modified Engineer's Report, Change and Modification No. 1 and Assessment and Diagram Bakersfield Assessment District No. office of the City Clerk. Amendment No. 1, City of 93-3," and is on file at the 1(A28-94(5459.1) -- 2 -- 3. That the Assessment Diagram, be changed and modified as an Amended Assessment Diagram, as provided in the "Amended Assessment Diagram of City of Bakersfield Assessment District No. 93-3," which is on file at the office of the City Clerk. 4. That the Assessment Roll, be changed and modified as an Amended Assessment Roll, as provided in Exhibit "A" to the "Modified Engineer's Report, Change and Modification No. 1 and Assessment and Diagram Amendment No. 1, City of Bakersfield Assessment District No. 93-3, and is on file at the office of the City Clerk. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on November 16, 1994, by the following roll CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED N0¥ ! ~ ~% MAYOR o ~ t~it~y/~o~f'~Baker s f is ld CITY ATTO~EY City of Bakersfield Richard H. Hargrove, Bond Counsel 10~28-94(5459.1)