HomeMy WebLinkAboutRES NO 109-68RESOLUTION NO. 109-68
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD, CALIFORNIA, APPROVING.
AREPORT PREPARED PURSUANT TO THE MUNICIPAL
IMPROVEMENT ACT OF 1913; AND FIXING THE TIME
AND PLACE FOR HEARING PROTESTS AND OBJECTIONS
TO THE ACQUISITIONS~ IMPROVEMENTS, DIAGRAM
AND ASSESSMENT DESCRIBED AND CONTAINED IN
SAID REPORT AND WHETHER PUBLIC CONVENIENCE
AND NECESSITY REQUIRES SUCH ACQUISITIONS AND
IMPROVEMENTS AND GIVING NOTICE THEREOF.
(Public Improvement District No..801-A,
White Lane and Hughes Lane)
WHEREAS, this City Council adopted Resolution of Intention No.
801-A , declaring its intention to order certain acquisitions
and improvements under the Municipal Improvement Act of 1913
(commencing wi.th Section 10000, Streets and Highways Code), referring
the acquisitions'and improvements described'therein to the City
Engineer, directing said City Engineer to make and file with the
City Clerk a report in writing containing all of the matters required
by said Municipal Improvement Act of 1913; and
WHEREAS, said City Engineer has made and filed said report
in writing with the City Clerk and said City Clerk has presented
said report to this City Council for consideration; and
WHEREAS, under Section 17 of Article XilI of the ConstitutiOn
of the State of California, Section 2804, Streets and Highways Code,
this City Council proposes, after notice and hearing, tO find and
determine by no less than a four-fifths vote of all the members
thereof, that the public convenience and necessity require such
acquisitions and improvements and to order such acquisitions and
improvements without application of the Special Assessment
Investigation, Limitation and'Majority Protest Act of 1931
..... (CQmmencing at Section 2800, ~treetS and Highways Code) and the
debt limitation and majority protest provisions· of said Act.
NOW, THEREFORE, the City Council of the City of Bakersfield,
California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
Section 1. The City Council-has considered and passed on said
Report. Said Report, as filed, is hereby approved. Said Report,
including the right of way maps, plans, specificatiOns, estimate of
costs and expenses, diagram and assessment incorporated therein by
reference, are on file in the office of the'City Clerk and may be
examined by any interested person. Reference is made to said
plans and specifications ·for a full and detailed description of
the proposed work· and grades. Notice is given that the finished
grades.of the proposed Work may differ from the present grades
of existing ground surfaces and existing improvements and from
the official grades, if any, heretofore established for any of
the streets to be improved.
Section 2. NOTICE IS HEREBY GIVEN that January 13 ,
1969, at the hour of 8:00 P.M. in the Council Chambers of'said
City Council at the City Hall, 1501 Truxtun Avenue, in Said city
are the day, hour and place fixed for the hearing of protests
and objections by the City Council. Any and all. persons having
any protest or objection to said proposed acquisitions and improvements,
the extent ofsaid assessment district, the proposed assessment, or
the proposed grades, may appear before the City Council at said hearing,
and show cause why said proposed acquisitions and improvement work
should not be carried out and the proposed assessment and diagram
confirmed, all in accordance with said resolution of intention and
Report. protests or objections must be in.writing and must be
delivered to the City Clerk of said city, at or before the time set
for said hearing. An~' SUCh prot~t 6r"dbje'ction m~§t'~·5~~in a
description of the property in which each' signer thereof is interested
sufficient to identify the same and if the signers are not shown
on-the last equalized assessment roll as the. owners of Such'property,
must Contain or be accompanied by written evidence that such signers
are the Owners of such property.
Section 3. NOTICE IS FURTHER GIVEN that at the previously
mentioned day, hour and place, and concurrently with the afore-
mentioned hearing, the City Council will also h01d 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.
Notice of the public hearing provided for by this section shall be
published, posted and mailed by the same means, at the same time and
in the same manner as for the hearing provided by Section 2 hereof.
Section 4. The City Clerk is hereby directed to cause notices
of the passage of this resolution to be posted, and is also directed
to mail notices of the adoption of the resolution of intention and
the filing of said Report,. both such notices to be'given at the'
time and in the form and manner provided'by law.
Section 5. The City Clerk is ~urther directedto cause a
Notice of Improvement to.be published twice in THE BAKERSFIELD
CALIFORNIAN, a newspaper of'general circulation published and
circulated in the City of Bakersfield, the first 'such publication
to be made at least twenty (20)'days before the date set herein
for the hearing of protests.
ADOPTED this 25th day of November , 1968.
ATTEST:
~ ' :~ ~,~v 3:..,::' Officio Clerk
_ .= ~be~'~-~ , 196 C~ ~ a
of C
Ba~rsfiel'd~ ~l~fornia 3.
STATE OF CALIFORNIA. )
COUNTY OF KERN )
CITY OF BAKERSFIELD )
SS.
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 held on tK[ 25~ day of N vem~er ,
1968, was approved by the Mayor .oi sal~ city, and tgat it was so
adopted as follows:
AYES:
Councilmen: Heisev, Hoskin~. Rees,
Rucker, Stiern, Vetter,
Whittemore
NOES: Councilmen: None
ABSENT: Councilmen: None
City f~
of the City Council of the City
of Bakersfield, California