HomeMy WebLinkAboutRES NO 113-87RESOLUTION NO. 113-87
RESOLUTION AND ORDER OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADOPTING THE MODIFIED
ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT
AND ORDERING THE ACQUISITION OF IMPROVEMENTS
ASSESSMENT DISTRICT NO. 87-2
(RESOLUTION OF INTENTION NO. 1026)
RESOLVED,
California, that:
WHEREAS, on the
adopted its Resolution of
by the Council of the City of Bakersfield,
6th day of May, 1987, said City Council
Intention No. ]026, to acquire public
improvements and referred said acquisition to the Engineer of
Work of said City, he being the officer having charge and control
of the acquisition of improvements in and for said City of the
kind described in said Resolution of Intention and being a compe-
tent person appointed by said City for that purpose; and
WHEREAS, said City Council thereby directed said Engi-
neer of Work to make and file with the Clerk of the Council of
the City of Bakersfield a Report in writing in accordance with
add pursuant to the Municipal Improvement Act of 1913; and
WHEREAS, said Modified Report was duly made and filed
with the City Clerk of the City of Bakersfield, whereupon said
Clerk presented it to the City Council for consideration; and
WHEREAS, said Council thereupon duly considered said
Modified Report and each and every part thereof and found that it
contained all the matters and things cal]ed for by the provisions
of said Act, including (1) maps and descriptions of lands and
easements to be acquired; (2) plans and specifications of the
proposed improvements; (3) estimate of costs; (4) diagram of dis-
trict; and (5) an assessment according to benefits, all of which
was done in the form and manner required by said Act; and
WHEREAS, said City Council found that said Modified
Report and each and every part thereof was sufficient in every
particular and determined that it should stand as the Report for
all subsequent proceedings under said Act, whereupon said City
Council, pursuant to the requirements of said Act, appointed
Wednesday, the 17th day of June, 1987, at the hour of 7:00
o'clock P.M. of said day in the regular meeting place of said
City Council, 1501 Truxtun Avenue, Bakersfield, California, as
the time and place for hearing protests in relation to said pro-
posed improvements and directed the City Clerk to give notice of
said hearing as required by said Act; and
WHEREAS, it appears that notices of said hearing were
duly and regularly posted, mailed and published in the time, form
and manner required by said Act, as evidenced by the certificates
and affidavits on file with said Clerk of the City Council, where-
upon said hearing was duly and regularly held at the time and
place stated in said notice; and
WHEREAS, ~ persons interested, objecting to said
acquisition, or to the extent of the assessment district, or to
the proposed assessment or diagram, or to the maps and descrip-
tions, or to the grades at which said work will be done, or to
the EngJneer's estimate of the costs and expenses thereof, filed
written protests with the City Clerk at or before the time set
for hearing, and all persons interested desiring to be heard were
given an opportunity to be heard, and all matters and things per-
taining to said improvements were fully heard and considered by
said City Council and said Council has acquired jurisdiction to
order said improvements and the confirmation of said diagram and
assessment to pay the costs and expenses thereof.
NOW, THEREFORE, SAID CITY COUNCIL DOES HEREBY FIND,
DETERMINE AND ORDER, AS FOLLOWS:
1. That the owners of one-half of the area to be
assessed for the cost of the project did not, at or prior to the
time fixed for said hearing file written protests against the
said proposed acquisition of improvements as a whole, or against
the said district or the extent thereof to be assessed for the
costs and expenses of said acquisition of improvements as a
whole, or as to the Engineer's estimate of said costs and ex-
penses, or against the maps and descriptions, or against the dia-
gram or assessment to pay for the costs and expenses thereof.
2. That any and all protests made either to said pro-
posed acquisition of improvements or the grades at which said
work has been done, or the extent of the assessment district, or
the amounts of the several assessments, or the maps and descrip-
tions, and all persons desiring to be heard in relation to any of
said matters, whether as
fully heard and considered,
overruled.
otherwise, have been
if any, are hereby
protestants or
and such protests,
3. That the district benefited by said improvements
and to be assessed to pay the costs and expenses thereof, and the
exterior boundaries thereof are more particularly described in
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said Resolution of Intention and made a part hereof by reference
thereto. That all public streets and highways within said assess-
ment district in use in the performance of a public function as
such shall be omitted from said district and from the levy and
collection of the special taxes to be hereafter levied and col-
lected to cover the costs and expenses of said improvements.
4. That the plans and specifications for the proposed
improvements to be acquired, contained in said Modified Report,
be, and they are hereby, finally adopted and approved as the
plans and specifications to which said improvements have been
made as called for in said Resolution of Intention.
5. That the Engineer's estimate of the itemized and
total costs and expenses of said improvements, and of the inciden-
tal expenses in connection therewith, contained in said Report,
be, and it is hereby, finally adopted and approved as the Engi-
neer's total and detailed estimate of the costs and expenses of
said improvements.
6. That the maps and descriptions of the lands and
easements to be acquired, as contained in said Modified Report,
be, and the same are hereby, finally approved and confirmed.
7. That the public interest and convenience require,
and said City Council does hereby order the acquisition of im-
provements to be made as described in and in accordance with said
Resolution of Intention No. 1026 on file in the office of the
City Clerk, reference to which is hereby made for a more particu-
lar description of said improvements, and also for further partic-
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ulars pursuant to the provisions of said Municipal Improvement
Act of 1913.
8. That the diagram showing the assessment district
referred to and described in said Resolution of Intention, and
also the boundaries and dimensions of the respective subdivisions
of land within said district as the same existed at the time of
the passage of said Resolution of Intention, each of which subdi-
visions having been given a separate number upon said diagram, as
contained in said Modified Report, be, and it is hereby, finally
approved and confirmed as the diagram of the properties to be
assessed to pay the costs and expenses of said improvements.
9. That the assessment of the total amount of the
costs and expenses of the proposed improvements upon the several
subdivisions of land in said district in proportion to the esti-
mated benefits to be received by said subdivisions, respectively,
from said improvements, and of the expenses incidental thereto,
contained in said Modified Report, be, and the same is hereby
finally approved and confirmed as the assessment to pay the costs
and expenses of said improvements.
10. That said Modified Engineer's Report be, and the
same is hereby, finally adopted and approved as a whole.
11. That the City Clerk shall forthwith deliver to the
Superintendent of Streets, the said assessment, together with
said diagram thereto attached and made a part thereof, as con-
firmed by this Council, with his certificate of such confirmation
thereto attached and of the date thereof; and that said Superin-
tendent of Streets shall record said diagram and assessment in
his office in a suitable book to be kept for that purpose, and
append thereto his certificate of the date of such recording, and
such recordation shall be and constitute the assessment roll here-
in.
said
12. That the Collect]on Officer, upon the recording of
diagram and assessment, shall cause to be mailed to each
owner of real property within the assessment district at his last
known address as the same appears on the tax rolls of the County
of Kern or on file in the office of the City Clerk, or to both
addresses if said address is not the same, or to the general
delivery when no address so appears, a statement containing a
designation by street number or other description of the property
assessed sufficient to enable the owner to identify the same, the
amount of the assessment, the date of recordation of the assess-
ment, the time and place of payment thereof and the effect of
failure to pay within such time, together with a statement of the
fact that bonds will be issued on the unpaid assessments pursuant
to the Improvement Bond Act of 1915.
13. That said Collection Officer shall also cause
Notice of Recordation of Assessment to be published in the Bakers-
field Californian, a newspaper of general circulation and record
within Kern County, that said assessment has been recorded and
that all sums assessed thereon are due and payable immediately
and that the payment of said sums is to be made within thirty
(30) days after the date of recording said assessment, which
date shall be stated in said notice, the effect of the failure to
pay assessments within the 30 day period, and of the fact that
bonds will be issued upon unpaid assessments as above provided.
Said publication shall be made once a week for two successive
weeks with at least five days intervening between the respective
publication dates, not counting such publication dates.
14. That final adoption and approval of the Modified
Engineer's Report as a whole, and of the plans and specifica-
tions, estimate of the costs and expenses, maps and descriptions
of the lands and easements to be acquired, the diagram and the
assessment, as contained in said Report, as hereinabove deter-
mined and ordered, is intended to and shall refer and apply to
said Report, or any portion thereof, as amended, modified, re-
vised or corrected by, or pursuant to and in accordance with any
resolution or order, if any, heretofore duly adopted or made by
this City Council.
I HEREBY
......... o0o .........
CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on
June 17, 1987 ,
by the following vote:
ABSTAINING: C ~ :.:I~.;] I L !,; ~ M U ~ ,~_~j~ 3.
CITY CLERK and Ex Officio Clerk
of the Council of the City of
Bakersfield
APPROVED June 17, 1987
MAYOR of the City of Bake~fie]~
CITY ~TORNEY of the City of
Bakersfield
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