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HomeMy WebLinkAboutRES NO 106-86RESOLUTION NO. 106-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS MANAGER'S REPORT; APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO THE PROPOSED DISTRICT; THE BOUNDARIES THEREOF; THE FAIRNESS OF THE BENEFIT FORMULA; THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL AND THE RESERVATION OF RIGHT TO PERFORM WORK BY CITY FORCES (RESOLUTION OF INTENTION NO. 1011, MAINTENANCE DISTRICT NO. 17 (SILVER CREEK). WHEREAS, the Council o~ the City of Bakersfield, State ot Calltornia, heretotore adopted on the 16th day of July, 19~6, its Resolution o~ Intention No. 1011, declaring its intention to establish Maintenance District No. 17 and to assess the cost ot maintaining certain local improvements upon the real property within said district, in accordance with Chapter 13.04 of Title 13 o~ the Municipal Code o~ the City o~ Bakerstield; and WHEREAS, said Council in and by said Resolution o~ Intention No. 1011 reterred said proposed district and assessment to the Public Works Manager, City ot Bakerstleld, and directed said Public Works Manager to make and tile with the Clerk a Report containing the matters specified in Sections 13.04.130 and 13.04.140 o~ said Chapter 13.04 ot the Municipal Code ot the City ot Bakersfield; and WHEREAS, said Public Works Manager has on this date ~iled with the Clerk o~ said City Council his report in writing containing said matters, including the tollowing: a. A budget containing the matters specified in Section £3.04.130 ot the Bakersfield Municipal Code; b. The benetit tormula previously set ~orth as Exhibit C to Resolution ot Intention NO. [Ull; C. A description ot each parcel ot property in the proposed maintenance district; d. The amount ot assessment to De levied against each parcel; e. The improvements to be maintained by this district specifically are various items included in Landscape Plans within the boundaries as shown on map and assessment diagram for Maintenance District No. 17, Exhibit B. All such improvements will be constructed only atter plans theretor have been ~iled with and approved by the City Engineer; and WHEREAS, said Public WorKs Manager's Report has been duly presented by said Clerk to the City Council tor consideration and has been fully considered by the Council. NOW, T~EREFORE, BE IT RESOLVED and directed as tollows: 1. Said Public Works Manager's Report, including the analysis, findings and conclusions set ~orth therein, the budget, benefit formula, descriptions ot property, descriptions of the improvements to be maintained by the distr~ct, proposed assessment against each parcel in said district, ls hereby preliminarily adopted, confirmed and approved. 2. Wednesday, the 6th day o~ August, 19~6, at /:gO p.m., or as soon thereafter as may be heard, at the Council Chambers of the City Council, LSOI TruKtun Avenue, BaKersfield, California, is hereby tixed as the t~me and place tor hearing protests on the ~ollowing matters: ESTABLISHMENT OF THE DISTRICT; BOUNDARIES OF THE DISTRICT; FAIRNESS OF THE BENEFIT FORMULA; THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL OF PROPERTY TO BE ASSESSED; RESERVATION BY CITY OF RIGHT TO ELECT WHETHER TO PROCEED TO PERFORM WORK BY CITY FORCES. Any interested person may object to any o~ the above-listed matters by filing a written protest w~th the City Clerk at 150~ Truxtun Avenue, Bakerstield, California, at or betore said time set for hearing; and said Clerk shall endorse on each protest the date and hour of its -2- receipt, and at said time appointed for said hearing shall present to the Council all such protests filed with said Clerk. 3. The City Clerk is hereby further directed to cause notice of said hearing to be published, posted and mailed in the manner prescribed by Sections 13.04.150 through 13.04.170 of the Bakersfield Municipal Code, said notice to be completed not less than ten (10) days prior to such hearing. The form of notice shall be substantially as follows: -3- NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. (SILVER CREEK) CITY OF BAKERSFIELD 17 NOTICE IS HEREBY GIVEN that the Public Works Manager of the City of Bakersfield has caused to be prepared and filed with the City Clerk a report, in writing, which provides the basis for the benefit assessment for maintaining certain local improvements to be borne by all parcels or property within proposed Maintenance District No. 17, generally bounded by Southern Pacific Railroad on the North, Gosford Road on the West, Panama Lane on the South and Arvin-Edison Canal on the East. Said Public Works Manager's report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each parcel of property in the proposed maintenance district by description sufficient to identify the same, and the amount of assessment to be levied for the Fiscal Year 19~6-1987 against each parcel of property. Said report shall De open to public inspection at the Public Works Manager's Office, 1501 Truxtun Avenue, BaKersfield, California. Any interested owner objecting to establishment of the district or the boundaries of the district, or the fairness of the benefit formula, or the amount of the assessment on any of his or her parcel or parcels of property to be assessed, or the reservation by the City of its right to elect to perform the work of maintenance by C~ty forces, may file with the City Clerk at or before the hour fixed for hearing, a protest, in writing, signed by him/her, describing the parcel of property so that it may be identified and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto. Said matters will be heard by the Council at its meeting to be held on August 6, 1986, at the hour of 7:00 p.m., or as soon thereafter as may be heard, in the regular meeting place of said Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, at which time and place said Council will examine said report and hear protests, if any. -4- The following are descriptions of the parcels of property subject to assessment and the amount of the proposed assessment against each parcel Assessment No. 1 of property as set forth in the report: Assessor's Parcel No. Assessment 370-020-27 .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council ot the City of Bakersfield at a regular meeting thereo~ held on the 16th day of July, 1986, by the following vote: CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield APPROVED this 16th day of July, 1986 MAYOR of the Cit~ of Bakersfield APPROVED as to form: CITA~T~RNEY of ~it~ of Bakersfield the 4: AJS/mro R-MD17.1 -5-