HomeMy WebLinkAboutRES NO 109-86 RESOLUTION NO. 109-86
RESOLUTION AND ORDER OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADOPTING THE ENGINEER'S
REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE ACQUISITION
ASSESSMENT DISTRICT NO. 86-3
(RESOLUTION OF INTENTION NO. 1005)
RESOLVED, by the Council of the City of Bakersfield,
California, that:
WHEREAS, on the 18th day of June, 1986, said City
Council adopted its Resolution of Intention No. 1005, to acquire
public improvements and referred said improvements to the Engi-
neer 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
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, as modified, 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
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 30th day of July, 1986, 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 acquisitions
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, -0- persons interested, objecting to said
acquisitions, 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
given an opportunity to be heard, and all matters and things per-
taining to said acquisitions were fully heard and considered by
said City Council, and the protests overruled, and said Council
has acquired jurisdiction to order said acquisitions 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 acquisitions as a whole, or against the said dis-
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trict or the extent thereof to be assessed for the costs and ex-
penses of said acquisitions as a whole, or as to the Engineer's
estimate of said costs and expenses, or against the maps and
descriptions, 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 acquisitions 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 acquisitions
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
collected to cover the costs and expenses of said acquisitions.
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 acquisitions, 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 acquisitions.
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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 acquisitions to be
made as described in and in accordance with said Resolution of
Intention No. 1005 on file in the office of the City Clerk, refer-
ence to which is hereby made for a more particular description of
said acquisitions, and also for further particulars 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 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 acquisitions and improvements.
9. That the assessment of the total amount of the costs
and expenses of the proposed acquisitions upon the several subdivi-
sions of land in said district in proportion to the estimated bene-
fits to be received by said subdivisions, respectively, from said
acquisitions, and of the expenses incidental thereto, contained in
said Report, be, and the same is hereby finally approved and con-
firmed as the assessment to pay the costs and expenses of said
acquisitions.
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
recording, and such recordation shall be and constitute the
assessment roll herein.
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 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 Engineer's
Report as a whole, and of the plans and specifications, estimate
of the costs and expenses, maps and descriptions of the lands and
easements to be acquired, the diagram and the assessment, as con-
tained in said Report, as hereinabove determined and ordered, is
intended to and shall refer and apply to said Report, or any por-
tion 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 City Council.
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I HEREBY CERTIFY that the foregoing Resolution was
the City of Bakersfield at a
30th day of 3uly ,
passed and adopted by the Council of
regular meeting thereof held on the
1986, by the following vote:
CItY ~LERK and Ex Officio Clerk
of the Council of the City of
Bakersfield
APPROVED this 30th'day of July , 1986.
MAYOR of the city o~BB~Kers~ield
APPROVED as to form:
~ ? ' ..
~ CIT~ ATTORNEY/of the City of
" Bakersfield