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HomeMy WebLinkAboutRES NO 289-05 RESOLUTION NO. !89";05 RESOLUTION ACCEPTING PETITION AND DETERMINING TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO, 05-2 (MONT AIREIP ALADINO HILLS) 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 ofland 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 ofthe Streets and Highways Code of the State of Cali fomi a; 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; and WHEREAS, in response to the petition, this City Council wishes to initiate legal proceedings for the establishment of an assessment district to be known as "Assessment District No. 05-2 (MontairelPaladino Hills)" ("Assessment District No. 05-2"); NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOL YES 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. DOCSSFI :852946.1 40213-37 SS4 X 'òAl<€,?> C) ú' >- ê: t- rT - ,... CI C) ORIGINAl SECTION 2. DETERMINATION TO UNDERTAKE PROCEEDINGS. The special assessment proceedings for Assessment District No. 05-2 shall be undertaken by the terms of the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance with the Special 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 :852946.1 40213-37 SS4 x 'òAlft~ C) ~ :>-. - ;-- m - r- .;> C '\RiGINAl ---..----- 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 December 14, 2005, by the following vote: ./ v' v v V"-../ CARSON. BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER (~ AVii0 NOES: ABSTAIN: <",A~ COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER 'N(L"'0<~ City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 14th day of December, 2005 HARVEY L. HALL Mayor of the City ofBak APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond COUll el By Æ~~AJ! fZ APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By /åVut lh- -.JIvAtt DOCSSFI :852946. I 40213-37 SS4 ------- ~ <ÖÄ/(f.£ C) (I' :>.. '" I- IT - r- C> CJ I)~I(:IMAI CERTIFICATE RESPECTING SUFFICIENCY OF PETITIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO, 05-2 (MONTAIRE/PALADINO HILLS) I, the undersigned, certify: I have examined a "Petition for Special Assessment Proceedings", signed by owners of land shown on the exhibit map attached thereto, showing the boundaries of the property to be assessed for the proposed City of Bakersfield Assessment District No. 05-2 (Montaire/Paladino Hills). I have compared the names on the petition with the names of owners of such land as shown on the records of the County Assessor. I find the petition to have been signed by owners of more than 60% in area of such land, Dated: December 14, 2005 RAUL M. ROJAS, Director of Public Works, City of Bakersfield By ~ DOCSSFI :852945.] 40213-37 SS4 ~ 'òM$", () ~ "- - I- m - t- o C) '1R¡GINAl