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