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HomeMy WebLinkAboutRES NO 1-59 RESOLUTION NO. 1_-59 A RESOLUTION OF THE 'CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, FIXING TIME, DATE AND PLACE OF HEARING AS TO THE PUBLIC CONVENIENCE AND NECESSITY OF IMPROVEMENTS CONTEMPLATED IN THE PROPOSED PUBLIC IMPROVEMENT DISTRICT NO. 740, AND ORDERING NOTICE THEREOF. WHEREAS, this City Council of the City of Bakersfield contem- plates the inauguration of certain improvement work and construction on Chester Avenue between 4th Street and 660 feet south of the center line of Terrace Way in the City of Bakersfield, California, the same being more particularly described as follows, to wit: The improvement of Chester Avenue between 4th Street to 660 feet south of the center line of Terrace Way, said improvements to consist of the following: the removal of the existing pavement and reconstructing and resurfscing of street; the removal and replacement of portions of the existing Portland cement concrete curbs, gutters, sidewalks and driveways; the removal and replacement of existing drainage structure; and ~HEREAS, this City Council of said City contemplates that the said improvement work and construction, if found to be of public convenience and necessity, will be ordered and done under and pursuant to the provisions of the "Improvement Act of 1911", being Division VII of the Streets and Highways Code of the State of California, and that a public improvement district, to be en- titled "Public Improvement District No. 740", will be created in the proceedings under said Act to include that, particular area of said City to be benefited by said contemplated improvement work and construction; and WHEREAS, it is contemplated by this City Council of said City that said Public Imp~vement District-No.--7~O~-and .the properties - benefited therein, shall be assessed to pay a portion of the cost and expense thereof and that the City of Bakersfield shall contribute 0 from its Special Gas Tax Street Improvement Fund the remaining portion of the cost and expense thereof; and WHEREAS, the City of Bakersfield is a Chartered City within the State of California, and this City Council of said City, pur- suant to the provisions of Article XIII, Section 17 of the Consti- tution of the State of California and pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division IV of the Streets and Highways Code of the State of California, and in particular Section 2804 of saidCode, desires the holding of a public hearing before this City Council of said City for the purpose of discussion and then determination by this City Council of said City as to whether public convenience and necessity require such improvement work and construction. NOW, THEREFORE, BE IT RESOLVED ss follows, to wit: That on the 9th day of February , 1959, at the hour of 8:00 o'clock P. M., in the chambers of the City Council in the City Hall, at 1501Truxton Avenue, in the City of Bakersfield, California, any and all persons who may desire to hear or partake in the discussion in regard to the determination to be made by this City Council of said City as to whether public convenience and necessity require such improvement work and construc~on, may appear for said purpose. That notice thereof shall be given as hereinafter prescribed, and said notice shall set forth the description and location of the said contemplated work and construction, as above delineated, and the said date, hour and place of said hearing; said notice shall further provide that if this City Council of said City by no less than 4/Sths vote of all members thereof finds and determines that public convenience. and necessity require such improvement work and construction, the debt limitation and majority protest provisions of the said Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. That said notice shall also briefly explain that if a deter- mination is made by this City Council of said City wherein it is found that public convenience and necessity require such improve- ment work and construction, it is contemplated by this City Council that said work and construction will be instigated thereafter under the provisions of the said Improvement Act of 1911, and that it is further anticipated that the cost and expense thereof shall be satisfied by assessments against the properties benefited thereby and by contributions from the Special Gas Tax Street Improvement Fund of said City. That said notice shall set forth the estimated total cost of said project by the City Engineer, as well as the estimated por- tion of said total cost anticipated to be assessed against said property and the estimated portion of said total cost anticipated to be contributed by said City from said Fund. That said notice shall refer all persons interested therein to the Office of the City Engineer for more particulars in connec- tion with the anticipated work and construction of said .project. That the City Clerk shall cause said notice to be published in the "Bakersfield Californian", a daily newspaper printed, published, and of general circulation in the City of Bakersfield, California, and hereby designated for that purpose by this City Council of said City; that said notice shall be published twice in two consecu- tive issues of said newspaper, the first publication being not less than ten (10) days from the date of said hearing. That the City Clerk shall conspicuously post said notice on or near the door of the chambers of the City Council of said City for not~less than five (5) days prior to the date of said hearing. That in addition to the said publishing and posting of said notice, as required by Article XIII of_Section 17 of the Constitu- tion of the State of California, this City Council directs that the City Clerk shall cause said notices to be mailed, postage prepaid, to all persons owning real property which is proposed to be assessed to pay any part of the cost of said work and construc- tion, whose names and addresses appear on the last equalized assessment roll of Kern County, California, or as known to the City Clerk, and the same shall be mailed at least ten (lO) days prior to the date of hearing. That each of said notices to be mailed to said property owners shall contain an additional state- ment setting forth the estimate of the City Engineer as to the cost anticipated to be assessed against the particular property of the addressee for said work and construction. o0o - I HEREBY CERTIH that the foregoing Resolution was duly passed and adopted by the City Council of the City of Bakersfield on the I 5th day of January, 1959, by the following vote: /~YES: BALFANZ, ~'E~TLEV, 3ARNAXlS, COLLINS; OROE~ DEW1RE~ NOES' ~':~,"'~-P -- - ABSENT: ~ ,,~::='- ;- .'; 'L -~ o~ ~be ...... ~ ~'~ ' o~ ~a~e~s~el~ OaIt~o~nla / - ,' , ,'