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HomeMy WebLinkAboutRES NO 16-69RESOLUTION NO. ~t6-69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, MAKING FINDINGS AND OVERRULING PROTESTS AND OBJECTIONS, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING IMPROVEMENTS. (Public Improvement District No. 801-A, White Lane and Hughes Lane) WHEREAS, in proceedings under the Municipal Improvement Act of 1913 (commencing with Section 10000, Streets and Highways Code) the City Council adopted resolution of intention, Resolution No. 801-A, ordering the City Engineer to prepare the Report required by said Act and pursuant thereto the City Engineer prepared said Report, consisting of plans and specifications'describing the proposed acquisitions and improvements, an estimate of the costs and expenses of said acquisitions and improvements, a diagram showing the assessment district and a proposed assessment of the costs and expenses of the proposed acquisitions and improvements, said Report being on file with the City Clerk; and WHEREAS, the City Council by Resolution No. 109-68 approved said Report, as filed, and appointed a time and place of hearing thereon and also for a public hearing on the question of whether public convenience and necessity require such acquisitions and improvements and whether the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the debt limitation and majority protest provisions thereof shall apply; and . WHEREAS, notices of' the passage of said Resolution Nos. 801-A and 109-68 were duly published, posted and mailed, as p~oVided' by said Act, and said hearings were duly held at the time -1- and place so fixed and all continuances thereof, if any, were duly made and ordered; and WHEREAS, the City Council, after notice and .hearing, adopted Resolution No. '15-6~ ordering certain changes in the-proposed assessment; and WHEREAS, at said hearings all persons desiring to be heard were fully heard and all oral and Written protests and objections, if any, were fully heard and this City Council gave all persons present an opportunity to hear and be heard in respect to said Report, the diagram and assessment, the proposed acquisitions and improvements, 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 requir. e such acquisitions and improvements, whether the Special Assessment Investigation, Limitation and MajOrity ProtestAct.of 1913 and the debt'limitation and majority protest provisions thereof shall. apply, or in any way relating 'to the Report and the proceedings proposed by said resolution of intention; and WHEREAS, the City Council has received evidence relating to the Report, the proposed acquisitions and improvements, the boundaries of the proposed assessment district, the assessment, said proposed changes and the benefits to the property to be included in the proposed assessment district. NOW, THEREFORE, the City Council of the City of Bakersfield, California, DOES HEREBY RESOLVE,.DETERMINE AND ORDER as follows: -2- Section 1. Written protest or objection against the proposed acquisitions and improvements has not been made by the owners of more than one-half of the area of the land included within the assessment district or of the area of property to be assessed. Each and all oral and written protests and objectionS, if any, made or filed in the matter are hereby overruled and denied. Section 2. The diagram and assessment, as modified by Resolution No. 18-69 , are hereby confirmed. Section 3. The City Council hereby declares that the Report, including the modified assessment, is approved and orders the acquisitions and improvements to be made, as described in the resolution of intention and said Report. Reference is hereby made to said resolution of intention and said Report for a full and'complete description of said acquisitions and improvements and for further particulars. Section'4. Such improvements shall be-ordered without the application of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the debt limitation and majority protest provisions thereof. ADOPTED this lOth" day of- February , 1969. ATTEST: APPROVED this:-~: - ,. lOth .~ ~ '~:..; .~l!.i ~ .o. Febr._a:r_y ~7 ~, · f BakersfidId, California City ~Ex-~ffici~ of the City Council of the City of Bakersfield, California day ....... ........................ · ............................ -3- STATE OF CALIFORNIA ) COUNTY OF KERN ) CITY OF BAKERSFIELD ) I, MARIAN S. IRVIN, City Clerk and Ex-Officio Clerk of the City Council of the City of Bakersfield, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said city at a regular meeting of said City Council h'Fld on the lOth day of. ~Fba~a~~ , 1969, was approved by the Mayor of said cit at it was so adopted as follows: AYES: Councilmen: Heisey. Rees. Rucker. Stiern, Vetter, Whittemore NOES: CoUncilmen: None ABSENT:, Councilmen: , Hosking City Clerk and Ex-Df~iclb Cler~k~ of the City Council of the City of Bakersfield, California