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HomeMy WebLinkAboutRES NO 140-92RESOLUTION NO. 140-92 RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACT FOR THE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 92-1 (NORIEGA TRACT NO. 5441) BE IT RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY OF BAKERSFIELD (the "City") 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 a written petition for the construction and/or acquisition of improvements set forth in Exhibit "A," attached hereto and incorporated herein, 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 California Streets and Highways Code; and WHEREAS, the petition meets all requirements of Section 2804.5 of the California Streets and Highways Code; and WHEREAS, the costs and expenses of the proposed 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 such proceedings. THEREFORE, THE CITY COUNCIL FINDS, DETERMINES AND ORDERS AS FOLLOWS: 1. That all of the owners of more than 60% in area of the property subject to assessment for the construction and/or 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/or acquisition of those 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 the owner(s) who signed 100% in area of the territory to be assessed. the petition owr~ ( ~4~,;.-^ OR;G~4AL 3. That the proceedings for the construction and/or acquisition of the 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. 4. 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 City Council of the City of Bakersfield at a regular meeting thereof held on the 15th day of July 1992, by the following vote: AYES: COUNCiLMEMBERS:McDermott,Edwards,DeMond,Smith, Brunni,Peterson, Saivaggio NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None ABSTENTIONS: COUNCILMEMBERS:None City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 15th day of July 1992: APPROVED AS TO FORM: JACKSON HARGROVE EMERICH PEDREIRA & NAHIGIAN, Bond Counsel By: Richard H. Hargrove COUNTERSIGNED: CITY ATTORNEY of the f~i~ of Bakersfield 7003787DA.R01 -2- OR;G~NAL