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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.