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HomeMy WebLinkAboutRES NO 80-69RESOLUTION N0.80-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ORDERING THE WORK IN PUBLIC IMPROVEMENT DISTRICT NO. 839 AND DIRECTING THE CITY CLERK TO POST NOTICE INVITING BIDS THEREFOR. WHEREAS, the City Council of the City of Bakersfield did on the 21st day of July, 1969, duly adopt its Resolution of Intention No. 839, declaring its intention to order the construction and installation of curbs, gutters, sidewalks, driveway approaches and necessary pavement replacement as described therein; and WHEREAS, said Resolution of Intention was duly and legally published twice after the passage of said Resolution as required under the Improvement Act of 1911, in the Bakersfield Californian, a daily newspaper published and circulated in said City, and designated by said City Council for that purpose; and WHEREAS, notice of the passage of said Resolution of Intention No. 839, headed "NOTICE OF IMPROVEMENT" was duly and legally posted along the lines of said contemplated work and improvement and along all the open streets within such district, and not more than three hundred (300) feet apart, in the time, form and manner required by law; and WHEREAS, said posting was duly completed more than ten (10) days before the date set for hearing protests and objections thereto; and WHEREAS, notice of the adoption of said Resolution of Intention was given by mail in the manner required by the Improve- ment Act of 1911; and WHEREAS, the time set for hearing of objections on said Resolution of Intention was more than fifteen (15) and less than sixty (60) days from the date of passage and adoption of said Resolution of Intention; and WHEREAS, at said hearing held this 18th day of August, 1969, all oral and written protests and objections, if any, were fully heard and this City Council having given all persons present an opportunity to hear and be heard in respee~t to any matter relating to the work proposed, its cost, the boundaries of the proposed assessment district, the serial bonds to be issued to represent unpaid assessments, the question of whether public convenience and necessity require such improvement or any matter at all relating to the proceedings proposed by said Resolution of Intention No. 839; and WHEREAS, this City Council has received evidence relating to the proposed work, the boundaries of the proposed assessment district and the benefits to the property to be included within the proposed assessment district and is fully informed of the premise. NOW THEREFORE, the City Council of the City of Bakersfield, California does hereby RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION I. THAT written protests and objections heard or received at the hearing were insufficient to constitute a majority protest of the work and assessment proposed by Resolution of Intention No. 839; or if such majority protest was received, that this City Council does by an affirmative vote of four-fifths (4/5) of its members specifically overrule such majority protest pursuant to Section 5222 of the Streets and Highways Code. SECTION II. THAT the public interest, convenience and necessity r~uir~ t-H~t-~h~-~k--deseribed in-Resolution of In~en~ion No. 839 be done. SECTION III. THAT the City Council having acquired jurisdiction by provisions of the Improvement Act of 1911 and the proceedings thereto, ~o order the work and improvements described in said Resolution of Intention does hereby order said work herein described to be done, to wit: The construction of curbs, gutters, sidewalks, driveway approaches and necessary pavement replacement adjacent to Lot 1 through 87 all in Tract No. 1238 in the vicinity of Gorrill Street, Potomac Avenue and Robinson Street in the City of Bakersfield, California. Said work shall be done in accordance with the plans and specifications heretofore approved and adopted by the City Council. For further particulars reference is hereby made to said Resolution of Intention No. 839 and the plans and specifications therefor now on file in the office of the City Clerk and the City Engineer of the City of Bakersfield, California. SECTION IV. That the City Council intends to pay the incidental legal and engineering expenses involved in the formation of Public Improvement District No. 839. SECTION V. That the City Clerk of the City of Bakersfield is hereby directed, at.. the time, form, and manner provided by law to post a notice referring to the plans and specifications for said work, conspicuously for five (5) days on or near the door of the Council Chambers of the Council of the City of Bakersfield inviting sealed proposals or bids for doing the work herein ordered. The Clerk is also directed to publish a notice i~viting such propos~is and referring to the plans and specifications on file, twice in th.e Bakersfield Californian, the daily newspaper published and circulated in said City and hereby designated for that purpose. SECTION VI. Bids shall be sealed and filed with the City Clerk of the City of Bakersfield and shall be delivered to said City Clerk at her office at City Hall, 1501 Truxtun Avenue in said City up to but not later than 11:00 a.m., Wednesday the 3rd day of September, 1969. All sealed bids so filed with the City Clerk shall, in open session, be opened, examined and declared by the City Clerk at said time and place. Said City Clerk shall report the results of said bidding to City Council at the next regular meeting after the opening of said bids. o0o I HEREBY CERTIFY that the foregoing Re'solution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 18th day of August, 1969, by the following vote: AYES: COUNCILMEN Bti~et'L~, HEISEY, REES, RUCKER, STIERN, VETTER, WMIi'I'EMORE NOES: COUNCILMEN: '77 ABSENT COUNCILMEN: ABSTAINING COUNCILMEN: L K Council of the City of Bakersfield Ai~OVED IS i8eh day of August, 1969 APPROVED: