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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. -2- 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. -3- 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 -4- 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 -5-