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HomeMy WebLinkAboutRES NO 76-82RESOLUTION NO. 76~'8'2 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS DIRECTOR'S REPORT; APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO THE PROPOSED DISTRICT; THE BOUNDARIES THEREOF; THE FAIRNESS OF THE BENEFIT FORMULA; THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL; AND THE RESERVATION OF RIGHT TO PERFORM WORK BY CITY FORCES. WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on the 21st day of July , 1982, its Resolution No. 75-8~ declaring its intention to establish Maintenance District No. 2 and to assess the cost of maintaining certain local improvements upon the real property within said district, in accordance with Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Council in and by said Resolution No. 75-~ referred said proposed district and assessment to the Director of Public Works, City of Bakersfield, and directed said Director to make and file with the Clerk a Report containing the matters specified in Sections 13.04.120 and 13.04.130 of said Chapter 13.04 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Director has on this date filed with the Clerk of said Council his Report in writing containing said matters, including the following: (a) A budget containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code; (b)The benefit formula previously set forth as Exhibit "B" to Resolution No. 75-82; (c) A description of each parcel of property in the proposed maintenance district; and (d) The amount of assessment to be levied against each parcel; and WHEREAS, said Director's Report has been duly presented by said Clerk to the City Council for consideration and has been fully considered by the Council. NOW, THEREFORE, BE IT RESOLVED and directed as follows: 1. Said Director's Report, including the budget, benefit formula, descriptions of property and proposed assessment against each parcel in said district, is hereby preliminarily adopted, confirmed and approved. 2. Wednesday , the 18th day of August , 1982, at 8:00 o'clock p.m., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place for hearing protests on the following matters: Establishment of the district; Boundaries of the district; Fairness of the benefit formula; The amount of the assessment on any parcel of property to be assessed; Reservation by City of right to elect whether to proceed to perform work by City forces. Any interested person may object to any of the above listed matters by filing a written protest with the Clerk at 1501 Truxtun Avenue, Bakersfield, California, at or before said time set for hearing; and said Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointed for said hearing, shall present to the Council all such protests filed with said Clerk. 3. The City Clerk is hereby further directed to cause notice of said hearing to be published, posted and mailed in the manner prescribed by Sections 13.04.140 through 13.04.160 of the Bakersfield Municipal Code, said notice to be completed not less than ten (10) days prior to such hearing. The form of notice shall be substantially as follows: CITY OF BAKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. 2 NOTICE IS HEREBY GIVEN that the Director of Public Works of the City of Bakersfield has caused to be prepared and filed with the City Clerk a Report in writing which provides the basis for the benefit assessment for maintaining a public park to be borne by all parcels or property within proposed Maintenance District No. 2, generally bounded by Ashe Road on the East, Ming Avenue on the South, E1 Portal Drive on the West (including all lots fronting on E1 Portal Drive) and Outingdale Drive/Kearsarge Way on the North (including all lots fronting on Outingdale Drive and Kearsarge Way), including your property. Said Director's Report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each parcel of property in the proposed maintenance district by a description sufficient to identify the same and the amount of assessment to be levied for the fiscal year 1982-83 against each parcel of property. Said report shall be open to public inspection at the Public Works Director's office, 1501Truxtun Avenue, Bakersfield, California. Any interested owner objecting to establishment of the district or the boundaries of the district or the fairness of the benefit formula or the amount of the assessment on any of his or her parcel or parcels of property to be assessed or the reservation by the City of its right to elect to perform the work of maintenance by City forces, may file with the City Clerk at or before the hour fixed for hearing, a protest, in writing, signed by him/her, descri~ipg_~the parcel of property_so that it may be identified and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto. Said Director's Report will be heard by the Council at its meeting to be held on Wednesday, the 18th day of August, 1982, at the hour of 8:00 o'clock p.m., or as soon thereafter as may be heard, in the regular meeting place of said Council, Council Chambers, City Hall, 1501Truxtun Avenue, Bakersfield, California, at which time and place said Council will examine said Report and hear protests, if any. It is proposed to construct the park improvements during the 1983-84 fiscal year, and an initial assessment for maintenance may be levied for a portion of that fiscal year. The first full year of assessment of the costs and expenses of maintaining the park and park facilities will be the 1984-85 fiscal year. Based on current operating costs, the amount to be assessed against each parcel of property for the 1984-85 fiscal year will be approximately THIRTY-TWO AND 00/100 DOLLARS ($32.00) per dwelling unit. Since the improvements will not be made until later, no assessments are proposed for 1982-83. DATED: July 26, 1982 City Clerk, City of Bakersfield 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 21st day of July , 1982, by the following vote: AYES: COUNCILMEN, BARTON, CHRISTENSEN, MEANS, PAYNE, PATTY, ROCKOFF, IMOES: COUNCILMEN: _/t,~,SENT: COUNCILMEN: ~l~i',i[NG: COUNCILMEN: C T d r of I L ' C k Council of the City of Bakersfield the APPROVE~D~- 'i~j~P, lst day of Jul.v 1982 AJS:mm 7/15/82 AJS:mm .21 .