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HomeMy WebLinkAboutRES NO 149-92RESOLUTION NO. 149-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING AMENDED ASSESSMENT TO SEGREGATE AND APPORTION UNPAID INSTALLMENTS OF EXISTING ASSESSMENT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-2 ASSESSMENT AND DIAGRAM AMENDMENTS NOS. 22 AND 27 RESOLVED, BY THE CITY COUNCIL (the "Council") OF THE CITY OF BAKERSFIELD (the "City"), as follows: WHEREAS, on July 9, 1986, the Council adopted Resolution No. 96-86, confirming and ordering the recordation of assessments for City of Bakersfield Assessment District No. 86-2 (the "District"); and WHEREAS, certain assessments of ~he District have been affected by division or transfer of ownership of the original parcels of land within the District; and WHEREAS, on July 15, 1992, the Council adopted Resolution No. ~_ ordering preparation of amended assessment to segregate and apportion unpaid installments of existing assessment and setting time and place of hearing thereon; and WHEREAS, the Council, pursuant to the provisions of the Municipal Improvement Act of 1913 of the Streets and Highways Code of the State of California (the "Act"), appointed August 5, 1992, at the hour of 7:00 p.m., in the regular meeting place of the Council, being the Council Chambers, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests in relation to the proposed amended assessment to segregate and apportion unpaid installments of existing Assessment District No. 86-2, and directed the City Clerk to give notice of said hearing as required by the Act; and WHEREAS, it appears that notices of the hearing were duly and regularly published, posted and mailed in the time, form and manner required by the Act, as evidenced by the affidavits and certificates on file with the City Clerk; and WHEREAS, the protest hearing was duly and regularly held by the Council at the time and place designated in the notices; and WHEREAS, the Council did hear all objections and protests to the improvements and to the extent of A.D. 86-2, and to the proposed amended assessment and diagram, and all persons interested and desiring to be heard were given an opportunity to be heard, ~d ORIG:NAL all matters and things pertaining to the proposed amended assessment were fully heard and considered by the Council and the Council has acquired jurisdiction to confirm the amended assessment and diagram to pay the costs and expenses thereof. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: 1. The owners of more than one-half of the area to be assessed due to the segregation and apportionment of existing A.D. 86-2 did not, at or prior to the time fixed for the protest hearing, file written protests against the proposed segregation and apportionment. 2. Any and all protests made to the segregation and apportionment of A.D. 86-2, if any, and all persons desiring to be heard in relation to this matter, whether as protestants or otherwise, have been fully heard and considered, and are hereby overruled. 3. The public interest and convenience require, and the Council does hereby order, the amended assessment to segregate and apportion unpaid installments of existing A.D. 90-1, in accordance with and more fully described in the engineer's report therefor on file with the street superintendent of the City. 4. The street superintendent of the City shall file the amended assessment with the Auditor of Kern County, who shall annually thereafter enter upon the tax roll of Kern County the installments becoming due on each parcel as set forth in the report. III III III III 2 ORJO~NAL 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: Non e Sit y~C le~Lk mr d~E~x 0f~f~' i? Clerk of the Council of the City of Bakersfield A~ROVED this 5th day of August 1992. MAYOR of the City of Bakersfield APPROVED AS TO FORM: JACKSON HARGROVE EMERICH PEDREIRA & NAHIGIAN, BOND COUNSEL COUNTERSIGNED: Bakersfield 700391EF.R01 3