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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 3 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- 4 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 7