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HomeMy WebLinkAboutRES NO 80-98 RESOLUTION NO. 8 0- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS FOR ASSESSMENT DISTRICT NO. 96-2 (ALLEN ROAD TRUNK SEWER) WHEREAS, the City Council (the "City Council") of the City of Bakersfield, California (the "City") has, by Resolution No. 1157 adopted on March 25, 1998 (the "Resolution of Intention"), declaring its intention to order the acquisition and/or construction of certain public improvements, pursuant to the terms and provisions of the Municipal Improvement Act of 1913 (the "Act"), being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district designated as ASSESSMENT DISTRICT NO. 96-2 (ALLEN ROAD TRUNK SEWER) hereinafter referred to as the "Assessment District"); and WHEREAS, the City Council in and by said resolution referred said proposed improvements to the Engineer of Work of the Assessment District, and directed said Engineer of Work to make and file with the City Clerk a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code which report was thereafter filed on March 25, 1998, and was preliminarily approved by the City Council by Resolution No. 31-98, adopted by the City Council on March 25, 1998, and the City Council fixed 7:00 p.m. or as soon thereafter as the matter may be heard, on Wednesday, June 10, 1998, at the Council Chambers, City of Bakersfield, 1501 Truxtun Avenue, Bakersfield, California 93301, as the time and place for hearing of protests to said proposed improvements, and provided notice of said hearing; and WHEREAS, the City Clerk has filed with the City Council an affidavit setting forth the time and manner of compliance with the requirements of law for publishing, posting and mailing notices of the adoption of said Resolution of Intention and of the filing of said report and of the time and place for hearing protests to said proposed improvements, or to the extent of the Assessment District or to the proposed assessment; and the City Council hereby finds this notice of the adoption of said Resolution of Intention and of the filing of said report and of the time and place for hearing protests to said proposed improvements, or to the extent of the Assessment District or the proposed assessment has been posted and mailed in the time, form and manner required by law; and 75 WHEREAS, an assessment ballot proceeding of the record o~vners in the District for compliance with Article XIIIC and Article XIIID of the California Constitution was held in accordance with Section 53753(c) of the California Government Code and the ballots mailed to each such owner at least 45 days prior to the date of the public hearing upon the proposed assessment; and WHEREAS, said public hearing was duly convened by the City Council at the time and place set therefor and all protests and objections were presented to the City Council and duly heard and considered, and all matters as to the boundaries of the Assessment District, the improvements to be acquired, the method and fom~ula of the assessment spread and the finding of benefits received by the respective properties assessed for the proposed improvements and the apportionment of said benefits were heard and considered; and WHEREAS, the City Council found and determined that protests against said proposed improvements were not made by the owners of more than one-half of the area of the land in said Assessment District to be assessed for said proposed improvements; and WHEREAS, the City Council found and determined that a majority of the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The public hearing on the Assessment District is hereby closed. SECTION 3. The assessment ballot proceeding resulted in the approval of the assessment by a majority of record owners in the District returning ballots, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. SECTION 4. All protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is determined that said protests and objections are made by the owners of less than one-half (1/2) of the area of property to be assessed for said public improvements within the Assessment District. SECTION 5. Is hereby further determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. SECTION 6. The method of spread and apportionment of all costs, as contained in the Engineer's Report described in the Resolution previously approved on the date hereof is hereby approved and adopted as being a correct and proper apportionment and distribution of all assessable costs for said public improvements. SECTION 7. This resolution shall take effect immediately upon its adoption. 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 ~J# I 0 1998 , by the following vote: aYES: COUNCIU~R DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~--- ABSTAIN:. COUNCILME~R ~ City Clerk and Ex Officio ?/ Clerk of the Council of the City of Bakersfield APPROVED this 10th day of June, 1998 MAYO~tth~e~C :y~o f2ersfield APPROVED AS TO FORM: MCFARLIN & ANDERSON Bond Counsel By ~/~ ~ ~ J COUNTERSIGNED: City of Bakersfield 4