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HomeMy WebLinkAboutRES NO 63-99RESOLUTION NO. G 3 - 9 g A RESOLUTION AUTHORIZING A PARTIAL DEFERRAL OF ASSESSMENT (ASSESSMENT DISTRICT NO. 91-1, HOSKING TRUNK SEWER) m Ward 7. WHEREAS, Resolution No. 191-92, entitled "A Resolution Adopting the Engineer's Report, Confirming the Assessment; and Ordering the work, City of Bakersfield Assessment District No. 91-1 (Hosking Trunk Sewer ) (the "Resolution") was approved and adopted by the City Council of the City of Bakersfield on September 30, 1992; and WHEREAS, said Resolution confirmed assessments on various properties within the boundaries of City of Bakersfield Assessment District No. 91-1 (the "District") and a Notice of Assessment was filed with the County Recorder of the County of Kern on October 1, 1992 affecting the properties within the boundaries of said District; and WHEREAS, said assessments were to be paid in cash by November 2, 1992, or bonds would be issued against said assessments; and WHEREAS, assessments remain unpaid and bonds have been issued therefore and the installments of principal and interest are to be collected to be paid in semi-annual installments on the tax roll of the County of Kern; and WHEREAS, pursuant to the Municipal Improvement Act of 1 91 3, the City Council of the City of Bakersfield (the "City Council") may determined by resolution to allow landowners to defer payments of their assessments; and WHEREAS, 80 percent or more of the area has development entitlements permitting development of the facilities that are using, or will use when in place, the facilities that were constructed pursuant to the District proceedings; and WHEREAS, Assessor's Parcel No. 515-110-13-00-3 (Assessment No. 100) owned by Roy Degeer does not currently have approved development entitlements that impact the use of the sewer facilities installed by the District but the parcel size and zoning under the assessment formula require a benefit assessment in excess of 30 times the average residential lot assessment and the current R-2 zoning is substantially less; and WHEREAS, in prior years, the Council has deferred a portion of the assessment due on Assessment No. 100 (the "Parcel") as evidenced by Council Resolution Nos. 30-93, 135-95, 156-95, 77-96, 78-97, and 71-98; and WHEREAS, the Council wishes to defer again that portion of the assessment representing the difference between R-1 and R-3 zoning. OF~'IGINAL NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The portion of the assessment representing the increase from R-1 to R-3 land use is $8,138.36 (herein the "Deferred Assessment") and currently a part of the payments due for the installment of assessment to be collected with the County of Kern tax billings due December 10, 1999, and Apdl 10, 2000, on said Assessment No. 100 (the "Parcel") is deferred and the Deferred Assessment payments will and can be made from the available funds of the District, including but not limited to interest earnings and unexpended proceeds. 2. If the City authorizes by parcel map, site plan approval, building permit, rezoning at the request of the property owner of the Parcel or any other development entitlement, or if the parcel is transferred, the total Deferred Assessment shall be due and payable, including interest at the rate applicable to prime rate at time of development entitlement (but in no event to exceed twelve percent 12%) plus applicable bond call premium. 3. Notwithstanding the terms of paragraph 2, the owner of the parcel may construct one single family residence on the Parcel without causing the total deferred assessment to become due and payable. 4. At any regular meeting of the City Council occurring after April 10, 2000 and pdor to June 30, 2000, the owner of the Parcel may request that, for fiscal year 2000/2001, the Council continue the deferment of the amount previously deferred, providing there is no change in the status of use or development of the Parcel. Approval of such deferral is at the sole discretion of the City Council and any and all such extensions of deferral shall not extend beyond one year for any such extension given. Deferral requests must be sought and given on an annual basis. 5. In any event, the amount of the Deferred Assessment, including the aforesaid interest, shall be due and payable whenever the parcel is transferred or at the time of the last maturity of the Bonds issued under the proceedings for the District. .......... o0o .......... -2- ,'jF~iC~AL 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 MAY 26 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED COUNCILMEMBER CA SON, DEMOND, MACCARD~ COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER 0~0_~ COUNCILMEMBER h~'~ COUNCILMEMBER ~rcL CITY CLERK and EX OFFICl~of the Council of the City of Bakersfield MAY J~6 1999 BOB PRIZ MAYOR of the City of Bakersfield APPROVED AS TO FORM: CITY ATTORNEY of the City of Bakersfield RMS/jas S:\PROJECTS~,SMTDIS'~91-1\99degeer91-1res.wpd --May 6, 1999 -3- ME MORANDUM TO: JOHN STINSON, PUBLIC WORKS FROM: ROBIN GARDNER, ACCOUNTANT SUBJECT: DEGEER SPECIAL ASSESSM2ENT DATE: MAY 6, 1999 The special assessments billed for Assessment District 91-1 related to the Degeer property ATN# 373-060-22-00-1 are current. This includes both the 12/10/98 and the 4/10/99 installments. Due to a book change at the Kern County Assessor's Office, the parcel has been assigned a new ATN. ATN# 373-060-22-00-1 is now ATN# 515-110-13-00-3. VICEROY HOMES 3101 Tomlinson St~.~ Bakersfield, CA ..... 933 13 .............. : ............ (661) 834-3672 Attn. City Clerk, Re; Resolution No. 30-93 Assessment Det~rrment Parcel No. 373-060-22-00-1 In connection with above referfenced resolution I am hereby tendering my request to have the deferrment extended another year as per the requirements of the resolution. Please make certain this comes before the council during the month of May '99. Sincerely, ,