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HomeMy WebLinkAboutRES NO 110-85RESOLUTION NO. 110-85 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. 984, MAINTENANCE DISTRICT NO. 13). WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on the 24th day of July, 1985, its Resolution of Intention No. 984 declaring its intention to establish Maintenance District No. 13 and to assess the cost of maintaining certain local improvements upon the real property within said district, in accordance with Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Council in and by said Resolution of Intention No. 984 referred said proposed district and assessment to the Public Works Manager, City of Bakersfield, and directed said Public Works Manager to make and file with the Clerk a report containing the matters specified in Section 13.04.130 and 13.04.140 of said Chapter 13.04 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Public Works Manager has on this date filed with the Clerk of said Council his report in writing con- taining said matters, including the following: A. A budget containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; B. The benefit formula previously set forth as Exhibit "B" to Resolution of Intention No. 984; C. A description of each parcel of property in the pro- posed maintenance district; and D. The amount of 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. 13, Exhibit "B". All such improvements will be con- structed only after plans therefor have been filed 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 considera- tion and has been fully 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 of property, descriptions of the improvements to be maintained by the district, proposed assess- ment against each parcel in said district, is hereby prelimi- narily adopted, confirmed and approved. 2. Wednesday, the 28th day of August, 1985, at 7 p.m., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place for hearing protests on the following 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 mat- ters by filing a written protest with the clerk at 1501 Truxtun Avenue, Bakersfield, California, at or before said time set for hearing; and said Clerk shall endorse on each protest the date 2 and hour of its 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 CITY OF BAKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. 13 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 street and parkway landscaping, walls and signs to be borne by all parcels or prop- erty within proposed Maintenance District No. 13, generally bounded by Fraser Road on the north, Asphalto Railroad on the south, Old River Road on the east, and Buena Vista Road on the west. Said Public Works Manager's Report sets forth the amounts to be provided in the budget for maintenance and opera- tion, description of the improvements to be maintained by the district, a description of each parcel of property in the pro- posed maintenance district by a description sufficient to iden- tify the same, and the amount of assessment to be levied for the Fiscal Year 1985-1986 against each parcel of property. Said report shall be open to public inspection at the Public Works Manager' 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 parcel so property to be assessed, or the reserva- tion by the city of its right to elect to perform the work of maintenance by city 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 Public Works Manager's Report will be heard by the Council at its meeting to be held on Wednesday, the 28th day of August, 1985, at the hour of 7 p.m., or as soon thereafter as may be hear, 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. The erty subject ment against following are descriptions of the parcels of prop- to assessment and the amount of the proposed assess- said parcel of property as set forth in the report. Assessment Parcel Number as Shown on Map Exhibit "B" County Assessor's Parcel Number: 357-030-16-00-7C 357-030-20-00-8C 357-030-21-1C 357-030-27-00-9C 357-030-31-01-7C 357-030-31-02-8L 357-030-03-02-7C 357-030-03-03-6C 357-030-03-04-5C 357-030-06-00-8C 357-030-15-00-4C 357-030-32-00-3C 357-030-33-00-63 Total Assessment: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Dated: July 24, 1985 city of Bakersfield .......... o0o .......... 5 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at regular meeting thereof held on the24th day of July , 1985, by the following vote: a CIT~ CLERK and Ex Off'c'o ~ the Council of the City of Bakersfield APPROVED this 24th day of July , 1985 MAYOR of the city of Bakersfield APPROVED as to form: CITY~TTORNEY of the City of Bakersfield AJS/bl 6 R.MD13-1