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HomeMy WebLinkAboutRES NO 112-02RESOLUTION NO. '1 lS"Og A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING ASSESSMENTS FOR SEWER CONNECTION FEES AND AUTHORIZING THE COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, property owners in various parts of the City have connected their properties to the City sewer system; and WHEREAS, the City finds that to pay the cost of the sewer connection fee in one payment would produce an economic hardship on the property owner; and WHEREAS, to assist the property owners in paying the sewer connection fee the City has agreed to spread the cost of the fee over a three year period; and WHEREAS, several property owners (set forth in Exhibit "A") have each entered into an agreement with the City to pay the cost of the connection fee through their property taxes over the next three years. NOW, THEREFORE, BE PT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby confirms and approves the individual assessments for sewer connection fees set forth in Exhibit "A". 3. The Kern County Tax Collector is hereby authorized to collect the assessments for sewer connection fees to be collected in three equal payments over the next three fiscal years. 4. The provisions of Proposition 218 do not apply as the sewer connection fee was imposed at the written request of the property owner. ......... oOo ......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 $ 200Z , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ~ CITY CLERK and Ex Offic'(~ Clerk of the Council of the City of Bakersfield APPROVED JUN 26 ZOO2 APPROVED AS TO FORM BART J. THILTGEN City Attorney S:\PROJ ECTS\SewerConFee\Res\CarlitaO2.wpd ORIGiNAl Subject address Melquiades & Maria R. Jaimes 1008 Melwood Street Bakersfield, CA 93307 APN: 170-132-20-00-0 Mailinq address Same as above $1,634.00 Subject address Elmo & Lois Smith 2504 Clara Court Bakersfield, CA 93304 APN: 372-100-05-00-6 Mailinq address Same as above $1,400.00 Subject address Harry William & Wanda Lee Wickwar 2501 Terresa Way Bakersfield, CA 93304 APN: 372-100-19-00-7 Mailing address Same as above $2,200.00 Subject address Michael Parker 2513 Terresa Way Bakersfield, CA 93304 APN: 372-100-22-00-5 Mailinq address 10004 Roehampton Avenue Bakersfield, CA 93312 $2,200.00 Subject address Ronald D. & Sandra Davidson 2521 Terresa Way Bakersfield, CA 93304 APN: 372-100-24-00-1 Mailinq address Same as above $2,200.00 -1- Subiect address Wayne J. & Bettie L. Simpson 2609 Clara Court Bakersfield, CA 93304 APN: 372-112-04-00-0 Mailinq address Same as above $2,200.00 Subiect address Delores Charlene Miller 5513 Gwendolyn Street Bakersfield, CA 93304 APN: 372-111-20-00-9 Mailing address 2600 Barrington Street, #15 Bakersfield, CA 93309 $2,200.00 Subiect address Mary Lou Johnson 5517 Gwendolyn Street Bakersfield, CA 93304 APN: 372-111-21-00-2 Mailinq address Same as above $2,200.00 Subject address Mario & Ronda Meza 2600 Carlita Court Bakersfield, CA 93304 APN: 372-141-03-00-9 Mailing address Same as above $1,400.00 Subject address Carlton S. & Lois E. Conrad, Family/TR 2504 Carlita Court Bakersfield, CA 93304 APN: 372-141-06-00-8 Mailing address Same as above $1,4OO.OO EXHIBIT "A" ~)RIGINAi Subject address Ruby E. Smith 2500 Carlita Court Bakersfield, CA 93304 APN: 372-141-07-00-1 Mailinq address Same as above $1,400.00 Subiect address Leo H. & Willie Mae Rogers 2605 Carlita Court Bakersfield, CA 93304 APN: 372-142-02-00-3 Mailing address 2508 Fairview Road Bakersfield, CA 93304 $2,200.00 Subiect address Melvin R. & Janice C. Thompson 2513 Carlita Court Bakersfield, CA 93304 APN: 372-142-04-00-9 Mailing address Same as above $2,200.0O Subject address Steven R. & Susan Smith 2509 Carlita Court Bakersfield, CA 93304 APN: 372-142-05-00-2 Mailing address Same as above $2,200.00 Subiect address Billy Joe & Jewell L. Rogers 2505 Cadita Court Bakersfield, CA 93304 APN: 372-142-06-00-5 Mailinq address Same as above $2,2O0.0O -2- Subject address Leo H. & Willie Mae Rogers 2508 Fairview Road Bakersfield, CA 93304 APN: 372-142-10-00-6 Mailing address Same as above $2,200.00 EXHIBIT "A" ATTACHED IS A SAMPLE COPY OF THE CONNECTION FEE AGREEMENT ALL AGREEMENTS ARE IN THE CITY CLERK'S OFFICE AGREEMENT NO. AGREEMENT TO PAY SEWER CONNECTION FEE IN INSTALLMENTS AND NOTICE OF SPECIAL ASSESSMENT LIEN THIS AGREEMENT is made and entered into on ,200 by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation ("CITY") herein, and Harry William & Wanda Lee Wickwar ("PROPERTY OWNER") herein. RECITALS WHEREAS, PROPERTY OWNER is required by local ordinance to pay a sewer connection fee in order to connect into the CITY's sewer; and WHEREAS, CITY agrees to allow PROPERTY OWNER to pay the sewer connection fee by installment and PROPERTY OWNER agrees that the sewer connection fee will be placed on the property tax rolls for collection and placed as a special assessment lien thereon, NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. LOCATION OF PROPERTY. PROPERTY OWNER owns a single-family residence located at 2501 Teresa Way within the city limits of the CITY and which address is more particularly described in Exhibit "A" attached hereto. 2. SEWER CONNECTION FEE_ The sewer connection fee payable to the CITY shall be in the amount of Twenty Two Hundred Dollars ($2200.00). PROPERTY OWNER hereby requests, and CITY agrees to allow PROPERTY OWNER to pay the sewer connection fee by installment as provided for herein. PROPERTY OWNER also agrees to indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, arising out of, connected with or in any way arising from, the terms and provisions of this Agreement. 3. ECONOMIC HARDSHIP. PROPERTY OWNER represents and the City hereby finds that to pay the cost of the sewer connection fee in one payment would produce an economic hardship on PROPERTY OWNER. 4. PAYMENT. PROPERTY OWNER agrees to pay the sewer connection fee in three equal annual installments of $ 733.34 , each of which shall be placed on the tax assessment rolls, the first payment to be due and payable on November 1, 2002. 5. CONSENT FOR SPECIAL ASSESSMENT LIEN PLACEMENT ON -- Page 1 of 3 Pages -- PROPERTY. PROPERTY OWNER further agrees and consents to the CiTY placing a special assessment lien on the above property for the amount of the sewer connection fee which will remain until such time as PROPERTY OWNER pays off the total sewer connection fee. 6. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 7. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and alt parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 8. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CiTY Of BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California 93301 PROPERTY OWNER: Harry William & Wanda Lee Wickwar 2501 Teresa Way Bakersfield, CA 93304-7060 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" CITY OF BAKERSFIELD By:. HARVEY L. HALL, Mayor "PROPERTY OWNER" ~ -.,-.,../ 372-100-19-00-7 Assessor's Parcel No. MORE SIGNATURES ON FOLLOWING PAGE -- Page 2 of 3 Pages -- O~IGINA~ APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By:. RAUL ROJAS, Director APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: COUNTERSIGNED: By:. GREGORY J. KLIMKO Finance Director CH:lsc S:\PRO J ECTS\Sew~rCon Fee~ag rments~250 lteresa.wpd -- Page 3 of 3 Pages -- Subject property: 2501 Teresa Way Bakersfield, CA 93304-7060 APN: 372-100-19-00-7 Mailing address: Same as above. EXHIBIT "A"