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HomeMy WebLinkAboutRES NO 104-86RESOLUTION NO. 104-86 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. 1009), MAINTENANCE DISTRICT NO. 15 (AUTO). WHEREAS, the Council of the City of Bakersfield, State o2 Calltornia, heretotore adopted on the 16th day of July, 1986, its Resolution o2 Intention No. 1009, declaring its intention to estaDlish Maintenance District No. 15 and to assess the cost o~ maintaining certain local improvements upon the real property within said district, in accordance w~th Chapter 13.04 o~ Title 13 of the Municipal Code o~ the City ot BaKersfield; and WHEREAS, said Council in and by sa~d Resolution o2 Intention No. 1009 re2erred said proposed d~str~ct and assessment to the Public Works Manager, City ot BaKerstield, and directed said Public Works Manager to make and tile with the City Clerk a report containing the matters specified in Sections 13.04.130 and 13.04.140 o~ said Chapter 13.04 o~ the Municipal Code o~ the C~ty ot BaKerstield; and WHEREAS, said Public Works Manager has on this date ~iled w~th the Clerk o~ said Council his report in writing containing sa~d matters, including the 2oilowing: a. A budget containing the matters specltied in Section 13.04.130 o2 the BaKerst~eld Municipal Code; b. The benefit ~ormula previously set 2orth as Exh~Dit C to Resolution o2 Intention NO. 1009; C. A description o2 each parcel o2 property in the proposed maintenance d~strict; d. The amount o2 assessment to be 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. 15, Exhibit B. All such improvements will be constructed only after plans therefor have been tiled 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 for consideration and has been tully considered by the Council. NOW, THEREFORE, BE IT RESOLVED and directed as follows: 1. Said Public Works Manager's Report, including the analysis, findings and conclusions set forth therein, the budget, benefit formula, descriptions o~ property, descriptions ot the improvements to be maintained by the district, proposed assessment against each parcel in said district, is hereby preliminarlly adopted, confirmed and approved. 2. Wednesday, the 6th day ot August, 19~, at /:UU p.m., or as soon thereafter as may be heard, at the Council Chambers ot the City Council, 15Ul Truxtun Avenue, BaKersfield, California, is hereby fixed as the time and place for hearing protests on the tollowing 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 of the above-listed matters by tiling a written protest with the City Clerk at 15Ui Truxtun Avenue, BaKersfield, California, at or before said time set for hearing; and said Clerk shall endorse on each protest the date and hour ot 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. (AUTO) CITY OF BAKERSFIELD 15 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 ~or maintaining certain local improvements to be borne by all parcels or property within proposed Maintenance District No. 15 generally bounded by Pacheco Road on the North, Wible Road on the West, Freeway 99 on the East, and Panama Lane on the South. Said 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 identity the same, and the amount of assessment to be levied for the Fiscal Year 1986-198'! against each parcel of property. Said report shall be open to public inspection at the Public Works Manager's Office, 15(Jl 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 ot his or her parcel or parcels o~ property to be assessed, or the reservation by the City of its right to elect to perform the work o~ maintenance by City forces, may file with the City Clerk at or before the hour ~ixed 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 ot 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 ot /:U0 p.m., or as soon thereafter as may be heard, in the regular meeting place of said Council, 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.