HomeMy WebLinkAboutRES NO 189-04 RESOLUTION NO.~_ 8 -q - 0 4
RESOLUTION ACCEPTING PETITION AND DETERMINING
TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 04-1
(COUNTRYSIDE/THE HOMESTEAD/CHERRY HILL/OLIVE PARK III)
WHEREAS, the owners of certain real property situated in the City of Bakersfield
have filed with the City Clerk a petition, signed by such owners, requesting the acquisition
and/or construction of certain public improvements described therein, the cost of which is to be
specifically assessed against each parcel of land benefiting from such improvements; and
WHEREAS, the petition contains an express waiver of statutory proceedings
under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as
provided in Section 2804 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Clerk has also received a certificate to the effect that the
petition has been signed by persons owning lands constituting more than sixty percent (60%) in
area of the land subject to assessment within the proposed assessment district; and
WHEREAS, this City Council finds that the owners of more than sixty percent
(60%) in area of the land subject to assessment for the proposed improvements have signed such
petition and that the petition contains the matters required by Sections 2804 and 2804.5 of the
Streets and Highways Code;
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMiNES
AND RESOLVES as follows:
SECTION 1. PETITION ACCEPTED. The petition as filed with the City Clerk
is hereby found to be legally sufficient and is accepted by this City Council.
SECTION 2. DETERMINATION TO UNDERTAKE PROCEEDINGS. The
special assessment proceedings shall be undertaken by the terms of the petition, pursuant to the
Municipal Improvement Act of 1913 and without further compliance with the Special
DOCSSF1:746177.1
40213-32 SS4
ORIGINAL
Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with
Section 2800 of the Streets and Highways Code).
SECTION 3. PUBLIC INTEREST AND CONVENIENCE SERVED. The
public interest and convenience will be served by the taking of such proceedings.
SECTION 4. ACTION IS FINAL. This action is "final" within the meaning of
Streets and Highways Code Section 3012.
DOCSSF1:746177.1
40213-32 SS4
ORIGINAL
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 May 26, 2004, by the
following vote:
NOES: COUNCILMEMBER ~
ABSTAIN: COUNCILMEMBER ~
ABSENT: COUNCILMEMBER ~
CARSON, BENHAM, MAGGAKD, COUCH, HANSON, SULLIVAN, SALVAGGiO
COUNCILMEMBER
Clerk and Ex Officio
City
Clerk of the Council of the
City of Bakersfield
APPROVED this 26th day of May, 2004
HARVEY L. HALL
Mayor. o f t~e City o f B~a~sfield
APPROVED AS TO FORM:
ORRICK, HERRfiNGTON & SUTCL1FFE LLP
Bond Counsel
APPROVED AS TO FORM:
VIRGiNIA GENNARO
City Attorney
DOCSSF1:746177.1
40213 -32 SS4
CERTIFICATE RESPECTING SUFFICIENCY OF PETITIONS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 04-1
(COUNTRYSIDE/THE HOMESTEAD/CHERRY HILL/OLIVE PARK III)
I, the undersigned, certify:
I have examined a "Petition for Special Assessment Proceedings", signed
by owners of land shown on the exhibit map attached thereto, showing the boundaries of
the property to be assessed for the proposed City of Bakersfield Assessment District No.
04-1 (Countryside/The Homestead/Cherry Hill/Olive Park III).
I have compared the names on the petition with the names of owners of
such land as shown on the records of the County Assessor.
I find the petition to have been signed by owners of more than 60% in area
of such land.
Dated: May 26, 2004
RAUL M. ROJAS,
Director of Public Works,
City of Bakersfield
DOCSSF1:746176.1
40213-32 SS4
ORIG)NAL