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HomeMy WebLinkAboutRES NO 156-92RESOLUTION NO. 156-92 A RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT AND APPOINTING TIME AND PLACE OF HEARING PROTESTS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 91-1 (HOSKING TRUNK SEWER) BE IT RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY OF BAKERSFIELD (the "City") as follows: WHEREAS, on August 5, 1992, the Council adopted its Resolution of Intention to perform the work make acquisitions and order improvements (collectively the "Improvements") to be made 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. 91-1 ("A.D. 91-1"); 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 Improvements to be constructed or installed, if any, or general description of works 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. 91-1 referred to and described in the Resolution of Intention and also the boundaries and dimensions of the respective subdivisions of land within A.D. 91-1 as the same existed at the time of the passage of said ORIGINAL 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. 91-1, 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, September 16, 1992, 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. 7. The City of Bakersfield Public Works Department is designated as the City Department to answer inquiries regarding the protest proceedings. 8. The City Clerk is hereby directed to give notice of the hearing on the Resolution of Intention and Engineer's Report by publication twice in the Bakersfield Californian, a newspaper of general circulation published within the City, and by conspicuously posting a notice thereof along all the open streets within A.D. 91-1 at not more than 300 feet apart, and not less than three in all; said posting and first publication shall be had and completed at least 20 days before the date herein set for hearing of protests. The posted notices shall be headed "Notice of Improvement" in letters of not less than one inch in height and shall, in legible characters, state the fact and date of the passage of the Resolution of Intention and of the filing of the Report, and of the date, hour, and place set for the hearing of said protests, briefly describe the work and improvements proposed to be made, refer to said Resolution of Intention and the Report for further particulars, and state the name and telephone number of -2- ORIGINAL the City Department designated to answer inquiries regarding the protest proceedings. 9. The City Clerk shall mail or cause to be mailed, postage prepaid, notice of the adoption of said Resolution of Intention and the filing of the Report, at least twenty (20) days before the date set for hearing of protests, 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 as known to the City Clerk the Notice shall contain a statement of the time, place and purpose of the hearing on the Resolution of Intention and Report, a statement of the total estimated cost of the Improvements, the amount, as shown by the Report, to be assessed against the particular parcel covered by the notice, a statement that any person interested may file a protest in writing as provided in the Municipal Improvement Act of 1913 (Division 10 of the California Streets and Highways Code), and a statement of the name and telephone number of the City Department designated to answer inquiries regarding the protest proceedings. -3- O~IIGI~AL 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 5th day of August, 1992, by the following vote: AYES: NOES: COUNCILMEMBERS: McDermott,Edwards,DeMond,Smith,Brunni, Peterson,Salvaggio COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTENTIONS: COUNCILMEMBERS: None City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APP~VED this 5th day of August, MAYOR of the City of Bakersfield 1992 Richard Hargrove, Bf~D COUNSEL City of Bakersfield 700376DA.R03 -4- ORIG:NAL