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HomeMy WebLinkAboutRES NO 35-85RESOLUTION NO. 35-85 A RESOLUTION OO 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 A~AINST EACH PARCEL AND THE RESERVATION OF RIGHT TO PERFORM WORK BY CITY FORCES (RESOLUTION OF INTENTION NO. 981, MAINTENANCE DISTRICT NO. il). WHEREAS, of California, heretofore adopted on lq85, its Resolution of Intention No. to establish Maintenance District No. the Council of the City of Bakersfield, State the 27th day of February, 981, declaring its intention 11 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, which Resolution was amended on March 13, 19~5, to change the hearing date to March 27, 1985; and WHEREAS, said Council in and by said Resolution of Intention No. 991 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.~4.130 and 13.04.140 of said Chapter 13.94 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 containing 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. 981; (c) a description of each parcel of property in the proposed maintenance district; the amount of assessment to be each parcel; and levied against (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. 11, Exhibit "B". All such improvements will be constructed 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 consideration 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 assessment against each parcel in said district, is hereby preliminarily adopted, confirmed and approved. 2. Wednesday, the 27th day of March, 1985 at 7 o'clock 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 matters 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 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. -2- 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 ~rior to such hearing. The form of notice shall be substantially as follows: -3- CITY OF BAKERSWIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. 11 NOTICE IS HEREBY GIVEN that the Public Works ~anager 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 property within proposed Maintenance District No. 11, generally bounded by a line 13 feet East of the centerline of Stine Road on the East, Panama Lane on the South, the Arvin-Edison Canal on the West, and the Southern Pacific right-of-way on the North. Said Public Works Manager's Report sets forth the amounts to be provided in the budget for maintenance and operation, description of the improvements to be maintained bv the district, a description of each parcel of property in the proposed maintenance district by a description sufficient to identify 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's 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 parcels of property to be assessed, or the reservation 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, on the 27th day of March, 1985, at the hour of 7 o'clock p.m., or as soon thereafter as may be heard, in the regular meeting place of said Council, -4- 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 following are descriptions of the parcels of property subject to assessment and the amount of the proposed assessment against said parcel of property as set forth in the report. Assessment Parcel No. as Shown on Map Exhibit "B": County Assessor's Parcel No.: Total Assessment: 370-020-12-00-9C 370-020-21-00-5C 370-020-22-00-8C 370-020-30-00-1C 0.00 0.00 0.00 0.00 DATED: March 13, 1985 . / City ~±erK City of Bakersfield .......... 000 .......... -5- 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 the 13th day of March, 1985, by the following vote: Council of the City of Bakersfield APPROVED this 13th day of March, 19q5 MAYOR of the City of ~r~eld APPROVED as to form: CITY ATTORN~.Y~f~the C'l~y of Bakersfield AJS:mro -6-