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HomeMy WebLinkAboutRES NO 138-98RESOLUTION NO. ~ ~8 ' 9 8 RESOLUTION ACCEPTING PETITION AND DETERMINING TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 98-1 (BRIMHALL IV/STOCKDALE HIGHWAY COMMERCIAL/GOSFORD INDUSTRIAL) WHEREAS, the owners of certain real property situated in the City of Bakersfield have filed with the City Clerk a petition, signed by such owners, requesting the acquisition and/or construction of certain public improvements described therein, the cost of which is to be specifically assessed against each parcel of land benefitting 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 of the Streets and Highways Code of the State of California; and WHEREAS, to the effect that the City Clerk has also received a certificate 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 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; NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AiqD RESOLVES as follows: 1. The petition as filed with the City Clerk is hereby found to be City Council. 2. The legally sufficient and is accepted by this special assessment proceedings 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). 3. The public interest and convenience will be served by the taking of such proceedings. 4. This action is "final" within the meaning of Streets and Highways Code Section 3012. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a /// /// /// /// /// /// /// SF2-84104.1 2 regular meeting thereof held on October 21, 1998, by the following vote: City Clerk and Ex Off~o Clerk of the Council 6f the City of Bakersfield APPROVEJD~this 21st day of October, MAYOR of t~2~( City of Bakersfield 1998 APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP COUNTERS IGNED: SF2-84104.1 3 CERTIFICATE RESPECTING SUFFICIENCY OF PETITIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 98-1 (BRIMHALL IV/STOCKDALE HIGHWAY COMMERCIAL/GOSFORD INDUSTRIAL) 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. 98.-1 (Brimhall IV/Stockdale Highway Commercial/Gosford Industrial). I have compared the names on the petition with the names of owners of land as shown on the records of the County Assessor. I find the petition to have been signed by owners of more than sixty percent (60%/ in area of the land subject to assessment within the boundaries shown on the above-entitled map. I calculate that the owners ofl00 % of the described land have signed the petition. Dated: October 21~ 1998 RAUL M. ROJAS, Director of Public Works, City of Bakersfield