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HomeMy WebLinkAboutRES NO 24-74RESOLUTION NO. 24-74 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND DETERMINA- TIONS THAT OWNERS OF MORE THAN 60% OF THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED PUBLIC IMPROVEMENT DISTRICT NO. 896 HAVE SIGNED WRITTEN PETITION FOR SPECIFIED IMPROVEMENTS AND WAIVING ALL PROCEEDINGS REQUIRED BY THE SPECIAL ASSESSMENT INVESTI- GATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931. WHEREAS, the City Council at its regular meeting of April 8, 1974, received and placed on file the petition from residents along Kennedy Avenue east of Akers Road, Colleen Street between Kennedy Avenue and the north boundary of Tract 3185 and Colleen Court, requesting the City Council to form a Public Improve- ment District for the construction of sanitary sewer lines, together with appurtenant lampholes, manholes, wye branches and house laterals and all necessary earthwork and paving repair; and WHEREAS, the City Council at'its regular meeting of April 8, 1974, received and placed on file the Certification of the City Engineer and Superintendent of Street's Certification of Sufficiency to the effect that there was filed in his office, the petition which upon its face evidences the fact that it was signed by the owners of over sixty (60%) percent in area of the property to be subject to assessment for the proposed work and construction to be done in the proposed district within the City of Bakersfield and that the said petition waives the necessity of proceedings under the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and that said petition is now on file in the Office of the City Clerk of the City of Bakersfield, California; and WHEREAS, the City Council desires, in accordance with said request to initiate proceedings Under the Improvement Act of 1911 (commencing with Section 5000, Streets and Highways Code) for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct, and the City Council so finds and determines. 2. From the very nature of the requested improve- ments, the City Council finds and determines that the public interest, convenience and necessity require their construction. 3. The City Council finds and determines that said petition filed with the City Clerk of the City of Bakersfield, who is the Ex Officio Clerk of the City Council of said City, the Legislative Body undertaking said proceedings, has been signed by the owners of more than sixty (60%) percent in area of all of the property subject to assessment for the cost of the proposed improvement work hereinafter described and hereby grants said petition requesting said work and determines that the investi- gation and other requirements provided by the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 have been waived in connection with said improvement work by virtue of the provisions of Clauses (2) and (3) of Section 2804 of the Streets and Highways Code. 4. Said improvement work and construction to be done in the City of Bakersfield, State of California, described as follows: The construction of sanitary sewer lines, together with appurtenant lampholes, manholes, -'_ wye branches and house laterals and all necessary earthwork and paving repair along Kennedy Avenue east of Akers Road, Colleen Street between Kennedy Avenue and the north boundary of Tract 3185 and Colleen Court. 5. All of said work to be done within the Improvement District, described in Exhibit '~" and shown on the map marked Exhibit "B", both of which Exhibits are attached hereto, and by such reference hereby made a part of this paragraph as if fully set forth herein. O00 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 15th day of April, 1974, by the following vote: AYES: COUNCILMEN BLEECKER, HEISEY, MEDDERS, ROGERS, STRONG, THOMAS NOES: COUNCJ',.,,V~EN: ""~'L.~--.r.~J./ ~'BSmT'COUNC,~t~EN: ~ ~AINING'~'N~EN: ~ CTIN~CiTY~CLERK d Ex Officio C erk ~he Council ~~of Bakersfleld of · ~ f April, 1974 %~~City of Bakersfield APPROVED as to form: EXHIBIT "A" DESCRIPTION OF PROPOSED SEWER PUBLIC IMPROVEMENT DISTRICT A parcel of land situated in the City of Bakersfield, County of Kern, State of California, and being a portion of the southeast quarter of Section 11, Township 30 South, Range 27 East, M.D.M., more particularly described as follows: (All bearings and distances as heroinafter speci- fied'are as shown on Tracts 3185 and 3205, recorded in Map Books in the Office of the Kern County Recorder). Beginning at center' of last named Section, thence S 0°10'S3"}V, along the north-south quarter section line of said Section, 1277.947 feet to the point of intersection of the westerly extension of the northerly property line of Kennedy Avenue and the center line of Akers Road, said point being the true point of beginning; Thence (1) S 89°49'07"E along the northerly right Of way line. and extension thereof of said Kennedy Avenue, 185.00 feet; Thence (2) N 0°10'5S"E, 437.00 feet; Thence (S) S 89°49'07"E, 47S.523 feet; Thence (4) S 0°ll'05"E} 611.960 feet; Thence (5) N 89°49'07"}% 660.487 feet to intersect with the center line of Akers Road; Thence (6). N 0°10'S3"E along last named center line 174.961 feet to the true point of beginning. N EXHIL~/T .~ " ! ~00' '