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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: