HomeMy WebLinkAboutRES NO 20-73RESOLUTION NO. 20-73
ARESOLUTION 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. 889 HAVE
SIGNED WRITTEN PETITION FOR SPECIFIED
IMPROVEMENTS AND WAIVING ALL PROCEEDINGS
REQUIRED BY THE SPECIAL ASSESSMENT INVEST-
IGATION, LIMITATION AND MAJORITY PROTEST
ACT OF 1931.
WHEREAS, the City Council at its regular meeting
of March 5, 1973, received and placed on file the petition
from residents 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 and Chester Lane, requesting the City Council
to form a Public Improvement District for the construction
of curb and gutter, cross gutters, sidewalk, driveways,
and necessary drainage facilities and all necessary
earthwork; and
WHEREAS, the City Council at its regular meeting
of March 5, 1973, received and placed on file the Certifica-
tion 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 th~ provisiong-of the-Special Asses-sment 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 Improve-
ment 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 requires their con-
struction.
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 investigation 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 High-
ways Code.
4. Said improvement work and construction to be
done in the City of Bakersfield, State of California, described
as follows:
The construction of required curb and gutter,
cross gutters, sidewalk, driveways 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
and Chester,Lane.
5. All of said work to be done within the Improve-
ment District, described in Exhibit "A" 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.
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 26th day of March,
1973, by the following vote:
AYES: COUNCILMEN BLEECKER, HEISEY, MEDDERS, REES, RUCKER, THOMAS, WHITTEMORE
NOES: COUNCILMEN:'~7~
ABSENT COUNCILMEN: ~2//~
i'BSTAiN"NS COUNO[MEN: /'7 .
~d Ex' f
of the Council of the City of
Bakersfield
MAYOR c f '~ Ci6y-of Bakersfield
APPROVED: