HomeMy WebLinkAboutRES NO 49-55 RESOLUTION NO. 49-55
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. 714, AND
ORDERING NOTICE THEREOF.
WHEREAS, this City Council of the City of Bakersfield
contemplates the inauguration ofcertain improvement work
and construction on an alley in Tract No. 1532, located between
Encina and "F" Streets and between 24th and 26th Streets in
the City of Bakersfield, California, the same being more par-
ticularly described as follows, to wit:
The improvement of an alley in Tract No. 1532,
located between Encina and F Streets and between
24th and 26th Street, the improvements to consist
of the following: the removal of the existing'
bituminous surface treatment and asphaltic con-
crete paving and the repaving with 5 inches of
plant-mixed surfacing to be placedon 4inches
of imported borrow; the construction of a Port-
land cement concrete center drain and the removal
and reconstruction of the existing cross gutter
in 24th Street; and
WHEREAS, this City Council of said City contemplates that
the said improvement work and construction, if found to be of
public convenience and necesBity, 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 entitled "Public Improvement District No.
714", will be created in the proceedings under said Act to
include that particular area of said City to be benefited by
said contemplated improvement woFk _and construction; and
WHEREAS, it is contemplated. by this City Council of
said City that said Public Improvement District No. 714, and
~he properties benefited therein, shall be assessed to pay the
cost and expense thereof; and ~
WHEREAS, the City of BakersflUid is a Chartered City
within the State of California, and this City Council of said
City, pursuant to the provisionsof Article XIII, Section 17 of
the Constitution 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 Highway Code of the State of California, and in
· particular Section 2804 of said Code, 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 re-
quire such improvement work and Construction.
NOW, THEREFORE, BE IT RESOLVED as follows, to wit:
That on the 1st day of August , 1955, at the
hour of Eight o'clock P. M., in the chambers of the
City Council in the City Hall in the City of Bakersfield, Calif-
ornia, 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 con-
venience and necessity require such improvement work and con-
struction, may appear for said purpose.
That notice thereof shall be given as hereinafter pres-
cribed, and said notice shall set forth the description and
location of the said contemplated work and construction, as
above delineated, and the said da~e, hour and place of said
hearing; said notice shall further provide that if this City
r.CQuncil offsaid City bY no less ~han ~t~s vote of all members
thereof finds and determines that.public convenience and necessity
require such improvement work and construction, the debt limita-
tion and~ajority protest provisions of the said Special Assess-
ment Investigation, Limitation and Majority Protest Act of 19B1
shall not apply.
That said notice shall also'briefly explain that if a
determination is made by this City Council of said City wherein
it is found that public convenience and necessity require such
improvement 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 under the said Improvement Act of 1911.
That said notice shall set forth the estimated total cost
of said project by the City Engineer, as well as the estimated
portion of said total cost anticipated to be assessed against
said property.
That said notice shall refer all persons interested th~ein
to the Office of the City Engineer for more particulars in connec-
tion with the anticipated work and'construction of said project.
Thatthe 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
intwo consecutive issues of said newspaper, the first publica-
tion being not less than ten (10) days from the date of said
hearing.
That the City Clerk shall conspicuously post said notice
'on or nea'r' the door+of the chambers ~*~he"Ci~y'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
Constitution 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 the said work and construction, whose names and addresses
appear on the last equalized assessmentsroll of Kern. County,
California, or as known to the City Clerk, and the same shall
be mailed at leas$ ten (10) days .prior to the date of hearing.
That each of said notices to be mailed to said property owners.
shall contain an additional statement 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.
I HEREBY' CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Bakers-
field on the !.S~hday of
vote:
July
· 1955, by the following
AYES: .eARNAltoS :~. CROES, DOOLI?! EVELETH, SCH',VE;TZER SULLIVAN.
C~y~"a~d'~io Clerk
of the City Council of the
City of Bakersfield, Califomia
KPPROVED'+'this'18thday'of ..... July~ ....... 1955
, .......... '
California.