HomeMy WebLinkAboutRES NO 92-82-®
RESOLUTION NO. 92-82
RESOLUTION OF THE CITY COUNCIL FINDING
AND DETERMINING THAT THE PUBLIC INTEREST,
CONVENIENCE AND NECESSITY REQUIRE CERTAIN
ACQUISITION AND IMPROVEMENTS, AND THAT
THE "SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF
1931" SHALL NOT APPLY.
THE CITY COUNCIL of the CITY OF BAKERSFIELD, CALIFORNIA, has held a public
hearing, for which reasonable notice has been given by publication and posting,
to determine the public convenience and necessity for certain acquisition and
the construction of certain public works of improvement, together with appurte-
nances, in a special assesssment district known and designated as
ASSESSMENT DISTRICI' NO. 81-1
(hereina~ter referred to as the "Assessment District"); and,
WHEREAS, all the evidence, both oral and written, relative to the public con-
venience and necessity for the construction of the aforesaid improvements has'
been heard and considered; and,
WHEREAS, this Council is now satisfied as to the improvements and acquisition
as'proposed.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That it is hereby found and determined that the public convenience
and necessity require the following work and acquisition, to-wit:
The construction of sanitary sewer facilities, storm drains,
and domestic water facilities, including all appurtenances
thereto, to serve ~nd benefit properties within the bounda-
ries of ASSESSMENT DISTRICT NO. 81-1.
SECTION 3.
SECTION 4.
That it is further determined that the provisions and limitations
of the "Special Assessment Investigation, Limitation and Majority
Protest Act of 1931" shall not be applicable to proceedings for
this improvement.
That this project for improvements and acquisition shall proceed
in accordance with the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, and that bonds, for pur-
poses of financing said project, shall be issued in accordance with
the terms and provisions of the "Improvement Bond Act of 1915",
being Division lO of said Code.
SECTION 5.
By this Resolution, it is the intention of this Council to make all
findings by the affirmative four-fifths (4/5) vote of all members
thereof that all determinations as to feasibility and necessity to
disregard the limitations and proceedings set up in Division 4 as
therein provided be made and determined, and further, to meet the
requirements of Section 2804 of the Streets and Highways Code and
Section 19 of Article XVI of the Constitution of the State of
California.
I hereby certify that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on the 18tb day
of ALTGU8?, 198~. , by the following vote:
AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, RATTY, ROCKOFF, STRONG
NOE~ COUNCILMEN:
ABSENT:. COUNCILMEN:
ABSTAINING: COUNCILMEN:
APPROVED AS TO FORM:
bTY C FF E
UNCIL OF THE CITY OF BAKERSFIELD