HomeMy WebLinkAboutRES NO 170-93RESOLUTION NO. ,1 0 ' 9 3
A RESOLUTION PRELIMINARILY APPROVING
ENGINEER'S REPORT ~ APPOINTING TIME AND PLACE OF
HEARING PUBLIC TESTIMONY AND PROTESTS
CITY OF BAKERSFIELD
aSSESSMENT DISTRICT NO.
(N.E. SEWER PROJECT)
93-1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL (the
"Council") OF THE CITY OF BAKERSFIELD (the "City") as follows:
WHEREAS, on October 27, 1993, the Council adopted its
Resolution of Intention to perform the work, make acquisitions and
order improvements (collectively the "Improvements,,) in the City
and to make the costs and expenses thereof chargeable upon an
assessment district generally known as City of Bakersfield
Assessment District No. 93-1 ("A.D. 93-1"); 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 has made and filed with the
City Clerk a report in writing as called for in the Resolution of
Intention (the "Report"), which Report has been presented to this
Council for consideration; and
WHEREAS, the Council has duly considered the Report and
finds that each and every part of the Report is sufficient, and
that neither said report, nor any part thereof, requires or should
be modified in any respect.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND
ORDERED AS FOLLOWS:
1. That the plans and specifications of the
Improvements to be constructed or installed, if any, or general
description of Improvements already installed, if any, as contained
in the Report, are hereby preliminarily approved and confirmed.
2. That the Engineer's estimate of the costs and
expenses of the works and improvements and of the incidental
expenses in connection therewith, contained in the Report, be, and
each of them is hereby, preliminarily approved and confirmed.
3. That the diagram showing A.D. 93-1 referred to and
described in the Resolution of Intention and also the boundaries
and dimensions of the respective subdivisions of land within
A.D. 93-1 as the same existed at the time of the passage of the
Resolution of Intention, each of which subdivisions has been given
a separate number upon such diagram as contained in the Report, be,
and it is hereby, preliminarily approved and confirmed.
4. That the proposed assessments upon the several
subdivisions of land in A.D. 93-1, in proportion to the estimated
benefits to be received by such subdivisions, respectively, from
the Improvements, and of the incidental expenses thereof, as
contained in the Report, are hereby preliminarily approved and
confirmed.
5. That the Report shall stand as the Engineer's Report
for the purpose of all subsequent proceedings pursuant to the
Resolution of Intention.
6. That Wednesday, December 1, 1993, 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 allow public testimony regarding
the proposed assessment and assessment district. Notice of such
meeting shall be given in the standard manner regular meetings of
the Council are noticed.
7. That Wednesday, December 15, 1993, 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 work and improvements, the extent of the assessment
district, or to the proposed assessment. Any interested person may
object to the proposed work and improvements, the extent of the
assessment district, or the proposed 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.
8. The City of Bakersfield Public Works Department,
1501 Truxtun Avenue, Bakersfield, California 93301, is designated
as the City Department to answer inquiries regarding the protest
proceedings.
9. The City Clerk is hereby directed to give notice of
the hearing on the Resolution of Intention and Engineer's Report
and the proposed levy of the assessment by mailing or causing to be
mailed, postage prepaid, in the United States mail, at least 45
days prior to the date set for the protest hearing set in paragraph
7 above. The notice shall be deemed given the day when deposited
in the United States mail. The notice shall be sent to all persons
owning real property to be assessed whose names and addresses
appear on the last equalized assessment roll for City taxes prior
thereto or the California State Board of Equalization assessment
roll, as the case may be. The envelope or the cover of the mailing
shall include the name of the local agency and the return address
of the sender.
The notice shall include the following information: 1) the
estimated amount of the assessment per parcel; 2) a general
description of the purpose or Improvements that the assessment will
fund; 3) the City department designated in paragraph 8 above and
the address therefor, to which property owners may mail a protest
against the assessment; and 4) 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.
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 27th day of October, 1993, by the
following vote:
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVE~D/~thi$/%27th~ day of October,1993
MAYOR ~ ~e/ dity of Bakersfield
APPROVED AS TO FORM:
BURKE~ WILLIAF~ & SOREN~N,
Boned ~ounse~ \
By. Don O. Neufeld ~
COUNTERSIGNED:
CITY ATTORNEY of the~?,~
City of Bakersfield