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HomeMy WebLinkAboutRES NO 096-05RESOLUTION NO. 0 9 6- 0 5 RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT, SETTING DATE FOR PUBLIC HEARING OF PROTESTS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-2 (BRIGHTON PARKS/BRIGHTON VILLAGE/ STOCKDALE AT ALLEN COMMERCIAL/CHERRY HILL II) WHEREAS, at the direction of this City Council, Wilson & Associates, as Assessment Engineer for improvement proceedings in Assessment District No. 04-2 (Brighton Parks/Brighton Village/Stockdale at Allen Commercial/Cherry Hill 1I), City of Bakersfield, County of Kern, State of California, has filed with the City Clerk the report described in Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913, hereafter in this resolution referred to as "the Act"), and containing the matters required by Article XIlID of the California Constitution ("Article XIIID"), and it is appropriate for this Council to preliminarily approve said report and to schedule the public hearing of protests respecting said report. NOW, THEREFORE, THE CITY COUNC1L HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. This Council preliminarily approves the report without modification, for the purpose of conducting a public hearing of protests as provided in the Act, Article XIIID, and Section 53753 of the California Government Code. Said report shall stand as the report for the purpose of all subsequent proceedings under the Act and Section 53753, except that it may be confirmed, modified, or corrected as provided in the Act. DOCSSFl:789500.1 2. This Council hereby sets 6:30 o'clock P.M. or as soon thereafter as the matter may be heard, on June 8, 2005, in the Council Chambers at 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public heating of protests to the proposed public improvements, the proposed levy of assessments, the amounts of individual assessments, and related matters as set forth in said report, and any interested person may appear and object to said public improvements, or to the extent of said assessment district or to said proposed assessment. 3. The City Clerk is hereby directed to cause a notice of said public hearing to be given by mailing notices thereof, together with assessment ballots, in the time, form and manner provided by Section 53753, and upon the completion of the mailing of said notices and assessment ballots, the City Clerk is hereby directed to file with the Council an affidavit setting forth the time and manner of the compliance with the requirements of law for mailing said notices and assessment ballots. 4. Wilson & Associates, 7600 North Ingrain Avenue, Suite 202, Fresno, California 93711, telephone (559) 436-6644, is hereby designated to answer inquiries regarding the protest proceedings. DOCSSFl:789500.1 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 May 11, 2005, by the follo~ving vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCIh HANSON, SULLIVAN, SCRIVNER City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 1 HARVEY L. HALL, MAYOR APPROVED AS TO FORM: ORRICK HERR1NGTON & SUTCLIFFE LLP Bond C~s~/f~ B y:~/,/~~ APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney DOCSSFl:789500.1 3