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HomeMy WebLinkAboutRES NO 48-93RESOLUTION NO. ~ 8 - 9 3 RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUi~NT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACT FOR THE CONSTRUCTION~,/~IDACQUISITION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIOHWAYS CODE CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. (N.E. SEWER PROJECT) 93-1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: WHEREAS, all of the owners of more than 60% in area of the property subject to assessment therefor have signed and filed with the City Clerk of the City of Bakersfield a written petition for the improvements meeting the requirements of Section 2804.5 of the Streets and Highways Code of the State of California, as applicable, and for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefitted, and waiving proceedings under Division 4 of the Streets and Highways Code, for the construction and acquisition of improvements set forth in Exhibit "A" attached hereto and by reference incorporated herein; and WHEREAS, the costs and expenses of said contemplated improvements are to be chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area shown on the map thereof on file in the office of the City Clerk to which reference is hereby made for further particulars; and WHEREAS, the public interest and convenience will be served by the taking of said proceedings. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: 1. That all of the owners of more than 60% in area of the property subject to assessment for the construction and acquisition of improvements described in Exhibit "A," have signed and filed with the City Clerk of this City a written petition for the construction and acquisition of improvements pursuant to appropriate special assessment and assessment bond acts, without further compliance with the provisions of Division 4 of the Streets and Highways Code. 2. That said proceedings for the construction and acquisition of said improvements shall be had pursuant to the Municipal Improvement Act of 1913 and the bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Bond Act of 1915. 3. That the provisions of Division 4 of the Streets and Highways Code be, and they are hereby, dispensed with. 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 the 28th day of April, 1993, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: MCDERMOTT, EDWARDS, DEMOIqD, SMITH, BRUNNI, KANE, SALVAGGIO NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED/~is.28th day of April, 1993 ~----~'~f/t~n/ Ci~y~f Bakersfield APPROVED AS TO FORM: JACKSON HARGROVE EMERICH PEDREIRA & NAHIGIAN, Bond Counsel By: Richard H. COUNTERSIGNED: CITY ATTORNEY of t City of Bakersfield 700394EF. R01 -2-