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"