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HomeMy WebLinkAboutRES NO 47-88RESOLUTION NO. 47-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS AND ORDERING PROPOSED IMPROVEMENTS IN THE MATTER OF Assessment District NO. 87~3 WHEREAS, this City Council has by its Resolution No. 1036, declared its intention to order the acquisition of certain property and the construction of certain improvements, appurtenances, and appurtenant work, and to form Assessment District No. 87-3 under the provisions of the Municipal Improvement Act of 1913, i.e., Division 12 of the California Streets and Highways Code (herein "the Act"); and WHEREAS, by Resolution No. 25-88, this City Council has approved a Report prepared by the Engineer of Work under and p~rsuant to the Act and, in particular, Sections 10203 and 10204 of the California Streets and Highways Code (herein "Report"); and WHEREAS, in Resolution No. 1037, this City Council fixed March 30, 1988, at the hour of 7:00 o'clock p.m. at the meeting place of said City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place of hearing protests and objections to the improvements proposed in said Report to be made, the extent of the assessment district proposed to be created, and/or to the proposed assessment; and WHEREAS, the City Clerk of the City of Bakersfield (herein "City Clerk") has given the notices of the passage of the Resolution of Intention, Resolution No. 1036 the filing of the Report, and of the time and place and purpose of said hearing, all as required by Sections 10302, 10303, 10306 and 10307 of the California Streets and Highways Code; and WHEREAS, the City Clerk has filed with this City Council an affidavit setting forth the time and manner of the compliance with the requirements of the act for publishing, posting and mailing of said notices; and WHEREAS, a Final Engineer's Report (herein "Final Report") has been prepared setting forth the acquisition of the property, the work to be undertaken and the adjusted assessments, if any, and the adjustment of the work (which does not increase the assessments); and said Final Report has been filed with the City Council at the hearing and has been available for review by the property owners within proposed Assessment District No. 87-3; and WHEREAS, at the time and place stated in said notices, a hearing was duly held by this City Council on March 30, 1988 and, during the course of said hearing, the Final Report was duly presented and considered, all written protests and objections received, if any, were duly presented, read, heard and considered and all persons appearing at said hearing and desiring to be heard in the matter of said Final Report were heard; a full, fair and complete hearing has been had; and this City Council is fully informed in the premises; and WHEREAS, this City Council has examined and considered the assessment proposed in said Final Report and the proceedings prior thereto, and the evidence presented at said hearing; NOW, THEREFORE, the City Council of the City of Bakersfield DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. The hearing referred to in the recitals hereof has been held, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. This City Council is satisfied with the correctness of the Final Report, including the assessment and diagram, the proceedings and all matters relating thereto; and any and all protests, objections or appeals are hereby overruled and denied. This City Council orders the formation of Assessment District No. 87-3 as described in Resolution No. 1036. SECTION 2. This City Council orders the proposed improvements to be made in accordance with said Final Report and these proceedings. SECTION 3. This City Council determines that the amount of the assessment shown in said Final Report, i.e., $3,656,331.0Q should be confirmed; and said assessment is confirmed and fixed in the amount of $3,656,331.00 SECTION 4. This City Council determines that the amounts to be assessed against the individual parcels shown on the assessment diagram contained in said Final Report are 03/14/88 8967k/2160/08 -2- hereby approved and confirmed; and the City Clerk is directed to endorse the fact and date of such approval on said Final Report. SECTION 5. The City Clerk is directed to file and record said diagram and assessment in the offices of the Public Works Manager, acting as Superintendent of Streets, in the office of the County Surveyor and the County Recorder as required by Sections 3114, 10401 and 10402 of the California Streets and Highways Code; and the City Clerk shall record a Notice of Assessment as required by Section 3114 of said Code. SECTION 6. The Public Works Manager shall give notices of the recordation of the assessment, by mail and by publication, as provided in Sections 10404 and 10600 of said Code. PASSED AND ADOPTED by the City Council of the City of Bakersfield at a regular meeting held on March 30, 1988. 03/14/88 8967k/2160/08 -3- I HEREBY CERTIFY that and adopted by the Council of meeting thereof held on March the foregoing Resolution was passed the City of Bakersfield at a regular 30, 1989, bv the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED March 30, 1988 MAYOR of the City of E~'kersfield APPROVED as to form: kersfield NSSIGNPG