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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