HomeMy WebLinkAboutRES NO 76-73RESOLUTION NO. 76-73
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD ORDERING THE WORK IN PUBLIC
IMPROVEMENT DISTRICT NO. 889, AND DIRECTING
THE CITY CLERK TO POST AND PUBLISH NOTICE
INVITING BIDS THEREFOR.
WHEREAS, the City Council of the City of Bakersfield
did, on the 13th day of August, 1973, duly adopt its Resolution
of Intention No. 889, declaring its intention to order the con-
struction and installation of required curb and gutter, cross
gutters, sidewalk, driveway approaches and necessary drainage
facilities, as described therein; and
WHEREAS, said Resolution of Intention was duly and
legally published twice after the passage of said Resolution as
required under the Improvement Act of 1911, in the Bakersfield
Californian, a daily newspaper published and circulated in said
City, and designated by said City Council for that purpose; and
WHEREAS, notice of the passage of said Resolution of
Intention No. 889, headed "NOTICE OF IMPROVEMENT" was duly and
legally posted along the lines of said contemplated work and
improvement and along all the open streets within such district,
and not more than 300 feet apart, in the time, form and manner
required by law; and
WHEREAS, said posting was duly completed more than ten
days before the date set for hearing protests and objections
thereto; and
WHEREAS, notice of the adoption of said Resolution of
Intention was given by mail in the manner required by the Improve-
ment Act of 1911; and
WHEREAS, the time set for hearing of protests and
objections on said Resolution of Intention was more than fifteen
and less than sixty days from the date of passage and adoption of
said Resolution of Intention; and
WHEREAS, at said hearing held on the 17th day of
September, 1973, all oral and written protests and objections,
if any, were fully heard and this City Council having given all
persons present an opportunity to hear and be heard in respect
to any matter relating to the work proposed, its cost, the
boundaries of the proposed assessment district, the serial bonds
to be issued to represent unpaid assessments, the question of
whether public convenience and necessity require such improvement
or any matter at all relating to the proceedings proposed by said
Resolution of Intention No. 889; and
WHEREAS, this City Council has received evidence relating
to the proposed work, the'boundaries of the proposed assessment
district and the benefits to the property to be included within
the proposed assessment district and is fully informed in the
premises.
NOW, THEREFORE, the City Council of the City of Bakers-
field, California, does hereby RESOLVE, FIND, DETERMINE AND ORDER
as follows:
SECTION 1
That written protests and objections heard or received
at the hearing were insufficient to constitute a majority protest
of the work and assessment proposed by Resolution of Intention
No. 889; or if such majority protest was received, that this
City Council does by an affirmative vote of 4/5ths of its members
specifically overrule such majority protest pursuant to Section
5222 of the Streets and Highways Code.
SECTION 2
That the public interest, convenience and necessity
require that the work described in Resolution of Intention
No. 889 be done.
SECTION 3
That the City Council having acquired jurisdiction
by provisions of the Improvement Act of 1911 and the proceedings
thereto, to order the work and improvements described in said
Resolution of Intention does hereby order said work herein
described to be done, to wit:
The construction of required curb and gutter,
cross gutters, sidewalk, driveway approaches
and necessary drainage facilities and all
necessary earthwork for said construction
along Cherry Street and Dracena Street,
between Pine Street and Beech Street; and
along a portion of Beech Street, Myrtle
Street and Pine Street between Palm Street
Chester Lane.
Said work shall be done in accordance with the plans
and specifications heretofore approved and adopted by the City
Council. For further particulars reference is hereby made to
said Resolution of Intention No. 889 and the plans and specifica-
tions therefor now on file in the office of the City Clerk and the
City Engineer of the City of Bakersfield, California.
SECTION ~
That the City Council intends to pay the incidental
publication, legal and engineering expenses involved in the
formation of Public Improvement District No. 889.
SECTION 5
That the City Clerk of the City ofl Bakersfield is hereby
directed, at the time and in the form and manner provided by law,
to post a notice referring to the plans and specifications for
said work, conspicuously for five days on or near the door of the
Council Chambers of the Council of the City of Bakersfield,
inviting sealed proposals or bids for doing the work herein
ordered. The Clerk is also directed to publish a notice inviting
such bids and referring to the plans and specifications on file,
twice in the Bakersfield Californian, the daily newspaper pub-
lished and circulated in said City and hereby designated for that
purpose.
SECTION 6
Bids shall be sealed and filed with the City Clerk of
the City of Bakersfield and shall be delivered to said City Clerk
at her office at City Hall, 1501 Truxtun Avenue in said City up
to but not later than 2:00 p.m., Tuesday, October 16, 1973. All
sealed bids so filed with the City Clerk shall, in open session
or meeting, be opened, examined and declared by the City Clerk
at said time and place. Said City Clerk shall report the results
of said bidding to the City Council at the next regular meeting
after the opening of said bids.
o0o
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 'i7th day of September , 1973, by
the following vote:
AYES: COUNCILMEN
NOES: COUNCILMEN:
ABSENT COUNCILMEN:
ABSTAINING COUNCI~EN,
LE ~ of the
Council of the City of Bakersfield
APPROVED this:,i.i~:7:,,~,_bT,,df of, Sep_tember,,' 1973 · ~t'y:'. o.f-B~kersfield
APPROVED as to form: