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HomeMy WebLinkAboutRES NO 73-99A RESOLUTION DETERMINING A SURPLUS IN THE CITY OF BAKERSFIELD ASSESSMENT DISTRICT 93-3 (CALIFORNIA-OAK) IMPROVEMENT FUND AND DIRECTING DISPOSITION THEREOF PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 10427 WHEREAS, on October 6, 1993, the City Council adopted Resolution No. 159-93, a Resolution Determining to Undertake Proceedings Pursuant to Special Assessment and Assessment Bond Act for the Construction and Acquisition of Improvements, whereby the Council approved proceeding with the formation of an Assessment District pursuant to the Municipal Improvement Act of 1913, and WHEREAS, on May 4, 1994, the City Council adopted Resolution No. 1115, a Resolution of Intention, whereby the Council stated its intention to form Assessment District 93-3, and WHEREAS, on June 29, 1994, the City Council adopted Resolution No. 99-94, a Resolution Adopting the Engineer's Report; Confirming the Assessment; and Ordering the Construction and/or Acquisition of the Improvements, whereby the Council formed Assessment District 93-3 and directed the levy of the assessments therefor, and WHEREAS, on November 16, 1994, the City Council Adopted Resolution No. 180- 94, a Resolution Determining Unpaid Assessments and Providing for Issuance of Bonds, and Resolution 181-94, a Resolution for Approving Purchase of Bonds and Awarding Sale of Bonds, whereby the Council provided for the funding of Assessment District 93-3 pursuant to the Improvement Bond Act of 1915, and WHEREAS, on February 14, 1995, the City of Bakersfield entered into a Bond Purchase Contract with Sutro & Co. for the purchase of bonds in the aggregate amount of $1,490,000, and WHEREAS, on February 28, 1995, Sutro & Co. purchased $1,490,000 of Assessment District 93-3 Limited Obligation Improvement Bonds, the proceeds of which were received by the City and distributed as set forth in the Receipt for Bond Proceeds and Disbursement Memorandum executed on even date by the City's Finance Director, and WHEREAS, $1,126,828.98 of the bond proceeds were deposited in the Assessment District 93-3 Improvement Fund for the construction and/or acquisition of the Assessment District 93-3 Improvements as defined in the foregoing Resolutions and the documents and reports identified therein, and Page I of 3 WHEREAS, the construction and/or acquisition of the Assessment District 93-3 Improvements has progressed to the point where the City Council can appropriately determine that there exists a surplus in the Assessment District 93-3 Improvement Fund, and WHEREAS, the City Finance Director has determined that the surplus in the Assessment District 93-3 Improvement Fund is approximately $380,000, and WHEREAS, Council has determined that it would be appropriate to use the surplus in the Assessment District 93-3 Improvement Fund, pursuant to Streets and Highways Code section 10427, to call bonds and for the maintenance of the Improvements, and WHEREAS, Council has determined that it would be appropriate to reserve $31,421 of the surplus against the Judgment entered on May 13, 1999, in the matter entitled Caloak Development Properties, L.P. v. City of Bakersfield, Kern County Superior Court, Case No. 235614-AEW, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. That the City Finance Director shall use a minimum of $315,000.00 of surplus funds for a bond call on September 2, 1999. 2. That the City Finance Director shall use a minimum of $9,450.00 of surplus funds for the bond call premium for the aforesaid bond call. 3. That the City Finance Director shall set aside $31,421.00, representing the amount of the Assessment District funds attributable to the relocation of the PG&E lines as set forth in the Judgment entered in the matter entitled Caloak Development Properties, L.P.v. City of Bakersfield, Kern County Superior Court, Case No. 235614-AEW, in a separate interest bearing account pending the resolution of the Judgment by appeal, or otherwise. 4. That the City Finance Director shall leave the remaining surplus in the Improvement Fund for defraying the costs of maintaining of the Improvements, including, but not limited to, the repair of the sump. .... o0o .... Page 2 of 3 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 June 16, 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER NO I,,5 E COUNCILMEMBER kSc~f4E._ COUNCILMEMBER ~<3L~E- APPROVED JUN ~[ 6 1999 MAYOR of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY By: City Attorney WHP:ALJ S:\COUNCIL\Resos\Surplus AD 93-3.wpd May 26, 1999 Page 3 of 3