HomeMy WebLinkAboutRES NO 233-04RESOLUTION NO. ~ 8 8 ' 0 4
RESOLUTION PRELLMINARILY APPROVING ENGINEER'S REPORT,
SETTING DATE FOR PUBLIC HEARING OF PROTESTS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 04-1
(COUNTRYSIDE/THE HOMESTEAD/CHERRY HILL/OLiVE PARK lid
WHEREAS, at the direction of this City Council, Wilson & Associates, as
Assessment Engineer for improvement proceedings in Assessment District No. 04-1
(Countryside/The Homestead/Cherry Hill/Olive Park III), City of Bakersfield, County of Kern,
State of California, has filed with the City Clerk the report described in Section 10204 of the
Streets and Highways Code (Municipal Improvement Act of 1913, hereafter in this resolution
referred to as "the Act"), and containing the matters required by Article XIID of the California
Constitution ("Article XIIID"), and it is appropriate for this Council to preliminarily approve said
report and to schedule the public hearing of protests respecting said report.
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES
AND RESOLVES as follows:
1. This Council preliminarily approves the report without modification, for
the purpose of conducting a public hearing of protests as provided in the Act, Article XIIID, and
Section 53753 of the California Government Code. Said report shall stand as the report for the
purpose of all subsequent proceedings under the Act and Section 53753, except that it may be
confirmed, modified, or corrected as provided in the Act.
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ORIGINAL
2. This Council hereby sets 5:15 o'clock P.M. or as soon thereafter as the
matter may be heard, on October 6, 2004, in the Council Chambers at 1501 Truxtun Avenue,
Bakersfield, California, as the time and place for a public hearing of protests to the proposed
public improvements, the proposed levy of assessments, the amounts of individual assessments,
and related matters as set forth in said report, and any interested person may appear and object to
said public improvements, or to the extent of said assessment district or to said proposed
assessment.
3. The City Clerk is hereby directed to cause a notice of said public heating
to be given by mailing notices thereof, together with assessment ballots, in the time, form and
manner provided by Section 53753, and upon the completion of the mailing of said notices and
assessment ballots, the City Clerk is hereby directed to file with the Council an affidavit setting
forth the time and manner of the compliance with the requirements of law for mailing said
notices and assessment ballots.
4. Wilson & Associates, 7600 North lngram Avenue, Suite 202, Fresno,
California 93711, telephone (559) 436-6644, is hereby designated to answer inquiries regarding
the protest proceedings.
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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 August 18, 2004, by
the following vote:
(~AY ES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CARSON, BENHAM, MAG'GARD, CO~CH, HA~qSON, SULLIVAN, SALV GIO
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
HARVEY L. HALL, MAYOR /
APPROVED AS TO FORM:
ORRICK HERR1NGTON & SUTCLIFFE LLP
Bond Counsel
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ~~~
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