HomeMy WebLinkAboutRES NO 41-91RESOLUTION NO. 41-91
A RESOLUTION PRELIMINARILY APPROVING
ENGINEER'S REPORT AND APPOINTING TIME
AND PLACE OF HEARING PROTESTS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 90-1
(JEWETTA TRUNK SEWER/CALLOWAY CANAL RELOCATION)
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL (the
"Council") OF THE CITY OF BAKERSFIELD (the "City") AS FOLLOWS:
WHEREAS, on the 27th day of March, 1991, the Council did
adopt its Resolution of Intention to perform the work and order
improvements 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. 90-1 ("A.D. 90-1"); and did
refer the proposed work and improvements to the Engineer of Work
for the City, and did direct 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 ]913; and
WHEREAS, the Engineer of Work has made and filed with the
City Clerk a report in writing as
Intention, which report has been
consideration; and
called for in the Resolution of
presented to this Council for
WHEREAS, the Council has duly considered the report and
finds that each and every part of the report is sufficient, and
that neither the report, nor any part thereof, requires or should
be modified in any respect.
1. That the plans and
work and improvements to be made,
or appliances already installed,
be,
said report,
confirmed.
2.
expenses of
NOW, THEREFORE, IT IS ORDERED, AS FOLLOWS:
specifications of the proposed
or general description of works
as applicable, as contained in
and they are hereby, preliminarily approved and
That the Engineer's estimate of the costs and
the works and improvements and of the incidental
expenses in connection therewith, contained in said report, be, and
each of them is hereby, preliminarily approved and confirmed.
3. That the diagram showing A.D. 90-1 referred to and
described in the Resolution of Intention and also the boundaries
and dimensions of the respective subdivisions of land within A.D.
90-1 as the same existed at the time of the passage of the
Resolution of Intention, each of which subdivisions has been given
a separate number upon such diagram, as contained in said report,
be, and it is hereby, preliminarily approved and confirmed.
4. That the proposed assessments upon the several
subdivisions of land in A.D. 90-1, in proportion to the estimated
benefits to be received by such subdivisions, respectively, from
said work and improvements, and of the incidental expenses thereof,
as contained in the report, be and they are hereby, preliminarily
approved and confirmed.
5. That the report shall stand as the Engineer's Report
for the purpose of all subsequent proceedings and pursuant to the
Resolution of Intention.
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6. That Wednesday, May 22, 1991, 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, and the City Clerk shall endorse on each protest the date
of its receipt and at said time fixed for said 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
said 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. 90-
1 at not more than three hundred (300) feet apart, and not less
than three (3) in all, said posting and first publication to be had
and completed at least twenty (20) days before the date therein set
for hearing of protests.
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Said posted notices shall be headed "Notice of
Improvement" in letters of not less than one-half inch (1/2") in
height and shall, in legible characters, state the fact and date of
the passage of said Resolution of Intention and of the filing of
said Engineer's 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 the Resolution of
Intention and the Engineer's Report for further particulars, and
state the name and telephone number of the City Department
designated to answer inquiries regarding the protest proceedings.
9. The City Clerk shall mail or cause to be mailed
notice of the adoption of the Resolution of Intention and the
filing of said report, postage prepaid, at least twenty (20) days
before the date set for hearing of said 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, which notice shall contain
a statement of the time, place and purpose of the hearing on said
Resolution of Intention and report, a statement of the total
estimated cost of the proposed work and improvements and the
amount, as shown by said 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
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telephone number of the City Department designated to answer
inquiries regarding the protest proceedings.
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
held on the 27th day of March, 1991, by the
meeting thereof
following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Peterson, Edwards, DeMond, Smith,
Brunni, McDermott, Salvaggio
None
None
None
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 27th day of March,
MAYOR of the City of Bakersfield
1991
APPR.~OVED A~/TO FORM:
BOND COUNSEL
COUNTERS IGNED:
~'CITY ATTORNEY of the
City of Bakersfield
700370DA.R02
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