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
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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.
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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