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HomeMy WebLinkAboutRES NO 028-05RESOLUTION NO. 0 ~ 8" 0 ~j RESOLUTION ACCEPTING PETITION AND DETERMINING TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 (SOLERA/RIO VISTA) WHEREAS, the owner of certain real property situated in the City of Bakersfield have filed with the City Clerk a petition, signed by such owner, requesting the acquisition and/or construction of certain public improvements described therein, the cost of which is to be specifically assessed against each parcel of land benefiting from such improvements; and WHEREAS, the petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as provided in Section 2804 of the Streets and Highways Code of the State of California; and WHEREAS, the City Clerk has also received a certificate to the effect that the petition has been signed by persons owning lands constituting more than sixty percent (60%) in area of the land subject to assessment within the proposed assessment district; and WHEREAS, this City Council finds that the owners of more than sixty percent (60%) in area of the land subject to assessment for the proposed improvements have signed such petition and that the petition contains the matters required by Sections 2804 and 2804.5 of the Streets and Highways Code; NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMiNES AND RESOLVES as follows: SECTION 1. PETITION ACCEPTED. The petition as filed with the City Clerk is hereby found to be legally sufficient and is accepted by this City Council. SECTION 2. DETERMINATION TO UNDERTAKE PROCEEDINGS. The special assessment proceedings shall be undertaken by the terms of the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance with the Special DOCSSF1:790920.1 ,.~'9 40213-35 SS4 ©l:i ('~!['~J~[- Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 of the Streets and Highways Code). SECTION 3. PUBLIC iNTEREST AND CONVENIENCE SERVED. The public interest and convenience will be served by the taking of such proceedings. SECTION 4. ACTION IS FINAL. This action is "final" within the meaning of Streets and Highways Code Section 3012. DOCSSF1:790920.1 40213 -35 SS4 I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on January 26, 2005, by the following vote: .~ l~ Il 200§ ~ COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER City Clerk and Ex Offici° Clerk of the Council of the City of Bakersfield APPROVED this 26th day of January, 2005 HARVEY L. HfkLL ~ ~ APPROVED AS TO FORM: ORRICK, HERR1NGTON & SUTCLIFFE LLP Bond Counsel APPROVED AS TO FORM: VIRG1NIA GENNARO City Attorney DOCSSF1:790920.1 40213-35 SS4