HomeMy WebLinkAboutRES NO 21-97RESOLUTION NO.~ 1 -97
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD
ORDERING CHANGES AND MODIFICATIONS TO THE
ENGINEER'S ESTIMATE, APPROVING AMENDMENT TO
ENGINEER'S REPORT AND DETERMINING SURPLUS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 93-1
RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY OF
BAKERSFIELD (the "City") AS FOLLOWS:
WHEREAS, on December 15, 1993, the Council adopted Resolution No. 192-93
rifled "A Resolution Adopting the Engineer's Report; Confirming the Assessment; and Ordering the
Work for the City o£ Bakersfield Assessment District No. 93-1 (N.E. Sewer Project) (the
"Resolution"), which, among other things, ordered construction and/or acquisition of public
improvements within the City of Bakersfield Assessment District No. 93-1 (the "District") and
approved a final Engineer's Report for the District and proposed improvements; and
WHEREAS, changes and modifications in the description of the estimated costs and
use of bond proceeds therefor have been proposed and submitted to this Council; and
WHEREAS, said changes and modifications do not increase any individual assessment
within the District nor the cumulative assessment for the District as originally levied under these
proceedings; and
WHEREAS, Section 10351 of the Streets and Highways Code of the State of
California authorizes the City Council to make such change and modification as contemplated
hereunder without notice and hearing;
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED
AS FOLLOWS:
so finds.
All of the recitals herein contained are true and correct and the City Council
2. The change and modification to the estimated costs to be used for modifying
the Engineer's Report, as amended, for the District, and the direction for application of the reduction
in total assessment is attached hereto as ~ and is hereby incorporated herein by reference.
Such changes and modifications are hereby approved and the changes and modifications proposed
herein are hereby ordered to be taken by the Engineer of Work preparing said Engineer's Report.
3. The original Engineer's Report for the District as approved by the Resolution
is hereby amended to the extent shown by ~ to this Resolution. A copy of this Resolution
will hereafter be filed along with the original Engineer's Report, in the office of the City Clerk, to
provide a record of the amendment to the original Engineer's Report. A copy of the Engineer's
Report, as amended, reflecting all changes and modifications as ordered hereby shall be filed in the
Office of the City Clerk of the City of Bakersfield.
4. In accordance with Section 10427 of the Streets and Highways Code of the
State of California and upon recommendation of the Finance Director of the City of Bakersfield, the
Council hereby determines a surplus remaining in the improvement fund for the District by reason of
the assessment and hereby directs the Finance Director of the City of Bakersfield to proceed to use
said surplus to call bonds pursuant to subsection (d) of said Section 10427 of the Streets and
Highways Code.
2-13-97(11074.1)
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
City Council of the City of Bakersfield at a regular meeting thereof held on the 19th day of February
1997, by the following vote:
AYES:
NOES:
COUNCILMEMBERS: DeMOND, CARSON, SMITH, McDERMOTT, ROWLES
SULLIVAN, SALVAGGIO
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS: NONE
City Clerk and Ex Officio Clerk ot~he
Council of the City of Bakersfield
APPROVED this 19th day of February 1997:
Mayor of the City of Bakersfield
APPROVED AS TO FORM:
COUNTERSIGHED:
City Attorney of the City o~ffcersfiegd
EXHIBIT A
The Total Engineer's Estimate as contained in the original Engineer's Report
for City of Bakersfield Assessment District No. 93-1 (the "District") was $10,585,000. As
thereafter modified, the total by change and modification No. 1 was reduced to
$10,468,503.76. The surplus available as recommended by the Finance Director of the
City of Bakersfield is $3,000,000.00 (the "Surplus"). This amount includes a pro rata
amount to be refunded to those individuals which paid their assessment or a portion of
their assessment during the cash collection period. Such amount reflects cost savings for
the sewer portion of the improvements. All parcels in the District were assessed for sewer
improvements. The Surplus shall, therefore, be applied pro rata to all assessments
thereby reducing the balance of unpaid assessments by the applicable pro rata portion
and a new auditor's roll reflecting such current unpaid principal and annual installments
of principal and interest remaining to retire the bonds remaining after the call of bonds
required under Section 4 of this Resolution Ordering Changes and Modifications to the
Engineer's Estimate, Approving Amendment to the Engineer's Report and Determining
Surplus has occurred. Such revised auditor's roll shall be used for future installments of
principal and interest collection. All assessments that were prepaid shall receive refunds
as required under said Section 10427 of the Streets and Highways Code of the State of
California.
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