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,
,