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HomeMy WebLinkAboutRES NO 6-55RESOLUTION NO. 6-55 A RESOLUTION OF THE CITY COUNCIL 0FTHE 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. 710, AND ORDERING NOTICE THEREOF. WHEREAS, ·this City Council of the City. of Bakersfield contemplates the inauguration of certain improvement work and construction on Chester. Avenue between Brundage Lan~ and 4th Street in the City of Bakersfield, California, the same being more particularly described as follows, to-wit: The improvement of Chester Avenue between Brundage Lane and 4th Street, said improve- ments to consist of the following: the removal of the existing pavement and sur- facing and the repaying with 4 inches of plant-mixed surfacing on 8 inches of imported borrow; the removal and replacement of por- tions of the existing· Portland cement concrete curb, gutterm sidewalk and driveway; the moral and replacement of existing Portland cement concrete cross gutters and the removal and construction of one drainage catch basin; and .. WHEREAS, 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 andpursuant 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. 710", will be created in the proceedings Under said Act to include that particular area of said City to be benefited by ................. ~a~d .Contemplated imprOVement: ~o~k WEEAS, it is contemplated by this City Council of said City that.said Public Improvement District No. 710, 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 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, pursuant.to the provisions of 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 holdingof 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, TEEFOE, BE IT RESOLVED as follows, to-wit: That on the I~ day of February,~ I955,'at the hour of ~ o'clock ~ M., in the chambers of the City Council in the City Hall Annex, at 1620 Truxton 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 de- termination to be made by this City Council of said City as to whether public convenience and necessity require such improvement work and construction, may appear for said purpose. That notice thereof shall be given as hereinafter prescribed,'and said notice. shall set'forth the description and i~i-6n of the 's~l~ 'Contemp~te'd' ~k 'and' const~u'c'tion, 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 4/5ths vote of all members thereof finds and determines that public convenience and necessity re- quire'such improvement work and construction, the. debt limitation and majority protest provisions of'the said Special Assessment Investigation, .Limitation and Majority Protest Act of 19B1 shall not apply. That said notice shall also briefly explain that if a determination is made bythisCity 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 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 esti- mated portion 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 connection with the anticipated work and Construction of said project. That the City Clerk shall cause said notice to $be published in the "Bakersfield Californian",a daily newspaper printed, published, and of genera!circulation in the City of Bakersfield, California, and hereby designated for that purpose by this City Council of said City; that said notice Shall be published twice in two consecutive issues~of said newspaper, the first publication being not less than ten (10) days from~ the~ date of said hearing. That the City Clerk shall Conspicuously post said notice on or near the door of the chambers of the City Council of said City for not less than five (5) days prior to the date of said hearing. That in addition to the said publishing an~ posting of said notice, as required by Article XIII'of Section 17 of the Constitution of the State of California, this ~City Coun-. cil directs that the City Clerk shall cause said notices to be mailed, postage prepaid, to all persons owning' real property which is proposed to be assessed to pay any part of the cost of the said work and construction, whose names and addresses appear on the last equalized assessmentsroll o'f. Kern County, California, or as known to the City Clerk, and thS same'shall be mailed at least ten (10) days prior to the date of hearing. That each of said notices to be mailed. to said propert~ owners shall con- tain an additional statement setting'forthothe estimate ·of the City Engineer as to the cost anticipated to be assessed against the'particular property of the addressee for said work and construction. o0o I HEREBY CERTIFY that the foregoing Resolution was duly passed and adopted by the ~City Council of the City of Bakersfield on the 31st day of January, 1955, by the follYowing vote: AY;S: CARNAKI$, COLLINS, CROF.$, EVELETH, $CHWEITZJR, $tZi,LIV~e ~ HOES: .-' ~ t '~J'~."~iK'~..~ ....... '~" ' AllliNT:, .' h~ m.. ~ r:, - .. ,,z_:j~, .,.,. C ~ · E o rk .of the City Council ,of the -City of Bakersfield, California APPROVED this 31st day of January, 1955 MAYOH of the Cit~/~f Bakersfield, California.