HomeMy WebLinkAboutRES NO 38-87RESOLUTION NO. 38-87
RESOLUTION AND ORDER OF THE COUNCIl, OF THE
CITY OF BAKERSFIELD ADOPTING THE ENGINEER'S
REPORT, CONFIRMING THE ASSESSMENT
AND ORDERING THE IMPROVEMENTS
ASSESSMENT DISTRICT NO. 86-5
(RESOLUTION OF INTENTION NO. 1019)
(REAL - AKERS - HARRIS - FAIRVIEW)
by the Council of the City of Bakersfield,
RESOLVED,
California, that:
WHEREAS, on the 4th day of February, 1987, said City
Council adopted its Resolution of Intention No. 1019, to con-
struct public improvements and referred said improvements to the
Engineer of Work of said City, he being the officer having charge
and control of the construction of improvements in and for said
City of the kind described in said Resolution of Intention and
being a competent 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
and pursuant to the Municipal Improvement Act of 1913; and
WHEREAS, said Report was duly made and filed with the
City Clerk of the City of Bakersfield, whereupon said Clerk pre-
sented it to the City Council for consideration; and
WHEREAS, said Council thereupon duly considered said
Report and each and every part thereof and found that it con-
tained all the matters and things called for by the provisions of
said Act, including (1) maps and descriptions of lands and ease-
ments to be acquired; (2) plans and specifications of the pro-
posed 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 Report and
each and every part thereof was sufficient in every particular
and determined that it should stand as the Report for all subse-
quent proceedings under said Act, whereupon said City Council,
pursuant to the requirements of said Act, appointed Wednesday,
the 11th day of March, 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 proposed 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, 3 persons interested, objecting to said
improvements, 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 Engineer'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
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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 the protests overruled, and said Council
has acquired jurisdiction to order said improvements and the con-
firmation 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 improvements as a whole, or against the said dis-
trict or the extent thereof to be assessed for the costs and ex-
penses of said improvements as a whole, or as to the Engineer's
estimate of said costs and expenses, or against the maps and des-
criptions, or against the diagram or assessment to pay for the
costs and expenses thereof.
2. That any and all protests made either to said pro-
posed 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 descriptions, and all
persons desiring to be heard in relation to any of said matters,
whether as protestants or otherwise, have been fully heard and
considered, and have been overruled.
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
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 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 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 improvements to be
made as described in and in accordance with said Resolution of
Intention No. 1019 on file in the office of the City Clerk, refer-
ence to which is hereby made for a more particular description of
said improvements, and also for further particulars pursuant to
the provisions of said Municipal Improvement Act of 1913.
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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 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 Report, be, and the same is hereby finally ap-
proved and confirmed as the assessment to pay the costs and ex-
penses of said improvements.
10. That said Engineer's Report be, and the same is
hereby, finally adopted and approved as a whole.
11. That the City Clerk of the shall forthwith deliver
to the Superintendent of Streets, the said assessment, together
with said diagram thereto attached and made a part thereof, as
confirmed by this Council, with his certificate of such confirma-
tion thereto attached and of the date thereof; and that said
Superintendent of Streets shall record said diagram and assess-
ment in his office in a suitable book to be kept for that pur-
pose, and append thereto his certificate of the date of such re-
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cording, and such recordation shall be and constitute
ment roll herein.
the assess-
12. That the Collection Officer, upon the recording of
said 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
assessed sufficient to enable
amount of the assessment, the
ment, the time and place of
other description of the property
the owner to identify the same, the
date of recordation of the assess-
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
6
weeks with at least
publication dates,
14. That
five days intervening between the respective
not counting such publication dates.
final adoption and approval of the
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,
revised or corrected by, or pursuant to and in accordance with
any resolution or order, if any, heretofore duly adopted or made
by this Council.
I HEREBY CERTIFY that the
adopted by the Council of
meeting thereof held on
ing roll
APPROVED
.......... o0o ..........
foregoing Resolution was passed and
the City of Bakersfield at a regular
March 11, 1987 , by the follow-
call vote:
AYES dOHNr:~! M£M~ R!, C~I~ ~. ~R!STENSE~. $MIIH, RAm. M[)O~E, DICKERSO~i'SAL~GGIO
OITY-OLERK and Ex Officio Clerk of the
Council o[ the City ol; ~akersfie]d
March 11, 1987
MAYOR of the City of Bakersfield
CIT4r -ATTJ~)~NEY or' the City of
Bakersfield
4ressig