HomeMy WebLinkAboutRES NO 64-97 RESOLUTIO..O. 8 4 - 9 ?
RESOLUTION ORDERING CHANGE OF PROCEEDINGS
TO IMPLEMENT CHANGE AND MODIFICATION NO. 1
WITHOUT NOTICE OR HEARING TO REDUCE ASSESSMENT
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 94-3
(SILVER CREEK/BRIMHALL NORTH/SEVEN OAKS/SOUTH LAURELGLEN)
The City Council of the City of Bakersfield resolves:
WHEREAS, by its Resolution No. 151-95, adopted by the
City Council on September 27, 1995, the City Council approved the
Final Engineer's Report, levied assessments and ordered the
authorized public improvement work, and by its Resolution No.
174-95, adopted by the City Council on November 8, 1995, the City
Council authorized the issuance of its Limited Obligation
Improvement Bonds (the "Bonds") in Assessment District No. 94-3
(Silver Creek/Brimhall North/Seven Oaks/South Laurelglen)
("Assessment District No. 94-3") in the principal amount of
$9,495,000, which Bonds are secured by the unpaid assessments
levied upon the parcels of land in Assessment District No. 94-3;
and
WHEREAS, among the authorized public improvements for
Assessment District No. 94-3 is a public park referred to as the
"Section 7 Park Project", which is being relocated from the site
originally intended to a different site; and
WHEREAS, the assessment of the estimated cost and
expense of the Section 7 Park Project in the Final Engineer's
Report was based upon the original site, and it is appropriate to
revise the assessments on certain parcels of land in Assessment
District No. 94-3 to reflect the new site and the benefit to be
derived from the Section 7 Park Project as a result of its new
location; and
WHEREAS, Wilson & Associates, as assessment engineers
for Assessment District No. 94-3, have prepared and filed with
the City Clerk a report (the "Modified Engineer's Report, Change
and Modification No. i and Assessment and Diagram Amendment No.
22") setting forth (i) a reco~ended amended assessment roll
providing for reductions in specified assessments and increases
in specified assessments, (ii) a description of the change in
assessment spread method related to the change in location and
change in benefits to be derived from the Section 7 Park Project,
and (iii) an amended assessment diagram showing the parcels whose
assessments are amended and assigning new assessment numbers to
such parcels; and
WHEREAS, the provisions of Chapter 4.5 of Division 12
of the California Streets and Highways Code (being Sections 10350
and following of said Code) authorize this Council to order
changes such as are proposed, subject to notice to the affected
property owners and hearing on the proposed changes; and
WHEREAS, all of the owners of the affected parcels of
land have executed and filed with the City Clerk letters which
(i) request that the Modified Engineer's Report, Change and
Modification No. 1 and Assessment and Diagram Amendment No. 22 be
approved and (ii) expressly waive notice and hearing regarding
the proposed changes; and
WHEREAS, Castle & Cook California, Inc., as the owner
of more than fifty percent (50%) in area of the property wherein
the assessment will be increased and also the owner of the
properties that will be collectively be apportioned more than
fifty percent (50%) of the total amount of the proposed increase
in assessment for the affected parcels of land, has executed and
filed with the City Clerk a letter which (i) requests that the
Modified Engineer's Report, Change and Modification No. i and
Assessment and Diagram Amendment No. 22 be approved, (ii)
expressly waives notice and hearing regarding the proposed
changes, and (iii) indemnifies the City against any liability or
claims of liability which might arise from amending the
assessment roll and thereby increasing certain assessments;
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS,
DETERMINES AND RESOLVES as follows:
1. The foregoing recitals are true and correct, and
this Council hereby expressly so finds and determines.
2. In express reliance upon the request, waiver and
indemnification of Castle & Cook California, Inc., set forth in
their letter to this Council, a copy of which letter is attached
to this resolution and by this reference incorporated herein,
this Council hereby approves the Modified Engineer's Report,
Change and Modification No. 1 and Assessment and Diagram
Amendment No. 22.
3. The City Clerk, the Director of Public Works, and
any other officer or employee of the City is hereby authorized to
cause the recordation in the records of the Kern County Recorder
of an appropriate Notice of Amended Assessment and the Amended
3
(Change and Modification No. 1).
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 ~ ~ , 1997, by the following
vote:
AYES: COUNCILMEMBER DeI~3ND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN~ SALVAGGIO
NOES: COUNCILMEMBER ~ '6>;9~
ABSTAIN: COUNCILMEMBER ~/~/)~
A~SEN~ COUNCILMEMBER ./.~p~ ,.~Z~
City Clerk and Ex ~fficio
Clerk of the Council of the
City of Bakersfield
APPROVE ~,t~s day of ~P~ ~ ~ ~(J~7 1997
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
COUNTERSIGNED:
CITY ATTORNEY o~Vthe /~ pZ
City of Bakersfield
City Council
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Re:
Request for Approval, Waiver of Notice and Hearing, and
Indemnification; Proposed Change and Modification No. 1;
Assessment District No. 94-3
Dear Council Members:
The undersigned representative of Castle & Cooke California, Inc.,
hereby request, represent, warrant and agree as follows:
1. In connection with the relocation of Park No. 2 from its originally intended
location within the Seven Oaks South development to Seven Oaks North, it is proposed
to amend the assessment roll for Assessment District No. 94-3 to shift the estimated
costs and expense of Park No. 2 from the parcels in Seven Oaks South upon which
such costs and expense were originally assessed to parcels within Seven Oaks North
which will be benefitted by Park No. 2 in its new location.
2. The specifics of the proposed amendment to the assessment roll are set
forth in a report on file with the City Clerk entitled "Change and Modification No. 1
Report."
3. The undersigned hereby request that you approve the proposed change
and modification, as set forth in the report, and in connection therewith, hereby
expressly waives notice and hearing as otherwise required by Sections 10352 and
10353 of the California Streets and Highways Code or any other provision of law.
4. In connection with the assessments on the parcels in Seven Oaks North,
as thereby increased, we represent and warrant as follows:
(a) that Castle & Cooke California, Inc., is the owner of the parcels in
Seven Oaks North, shown on the attached Exhibit A, for which the assessments are
proposed to be increased;
(b) that the undersigned, acting as the original district proponent,
requested the proposed relocation of Park No. 2 and related assessments from Seven
Oaks South to Seven Oaks North;
City Council
City of Bakersfield
Page 2
(c) that the ratio of the market value of every parcel affected by this
proposed change and modification for which the assessment is proposed to be
increased to the increased assessment amount, remains in excess of 3 to 1; and
(d) that the increase in each such assessment will in no way impair
marketability of any such parcel or impair our ability to implement our development plan
respecting such parcels.
5. In furtherance of our request, we agree to indemnify, hold harmless and
defend the City and each of its officers, officials and employees from any and all
liability, loss, debts, costs, and damages, regardless of the legal basis upon which the
same are established, incurred by the City or any of its officers, officials or employees,
and from any and all claims, demands, actions and proceedings in law or equity
(whether or not well-founded) brought by any person whatsoever arising or alleged to
have arisen directly or indirectly out of the action of the City in approving the proposed
change and modification in general and the increase in the assessments against the
specific parcels in Seven Oaks North in particular.
Respectfully submitted,
CASTLE & COOKE CALIFORNIA, INC.,
By
Name
Title
Date
p:\CASTLE.CP01
EXHIBIT A
CHANGE AND MODIFICATION NO 1
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 94-3
CREATED FROM
AMENDED EXISTING ORIGINAL
ASSESSMENT ASSESSMENT ASSESSMENT
NUMBER
5
5
NUMBER NUMBER
1002 (1) 902
1002 (1) 902
1002 (1) 902
1006 775
1041 779
1042 780
1043 781
1044 782
1045 783
1046 784
1047 785
1048 786
ASSESSOR'S
TAX NUMBER
(A~ PROPERTY q_WNER NAME
390-010-31-00-7 CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA iNC
CASTLE & COOKE CALIFORNIA iNC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE S COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
CASTLE & COOKE CALIFORNIA INC
390-135-01-00-0 CASTLE & COOKE CALIFORNIA INC
TR 5426~A; LOT 3 CASTLE & COOKE CALIFORNIA INC
TR 5426-A; LOT 4 CASTLE & COOKE CALIFORNIA INC
TOTAL AMOUNT ASSESSED TO AMENDED ASSESSMENT NO. 1002:
GRAND TOTALS:
REMAINING AMENDED
ASSESSMENT INCREASE ASSESSMENT
PRINCIPAL IN PRINCIPAL
EFF 111/97 ASSESSMENT EFF 111/97
BEFORE PRINCIPAL PER AFTER
CHANGE AND CHANGE ANO CHANGE AND
MODIFICATION MODIFICATION MOOIFICATION
NO. I NO. I NO 1
1,596,344 3.4 283,232.37 1,879.576 71
65,451.79 17,185.06 82,636.85
2,984.00 777.40 3,761 46
2.98406 777 40 3r761 46
2,984.06 77740 3,76146
2,984.06 777.46 3,761 46
2,984 06 777.40 3,761 46
2,984.06 777.40 3,761.46
2,~54.06 77740 3,761.46
2,98406 77740 3,761.46
2,98406 777 40 3.761.46
2,98406 77740 3,761 46
$1,596,344 34 $283,232,37 $I,879,576.71
$1,847,9t7.82 $348,~6.32 $2,168,823.14
THE NOTED PARCELS ARE THE 3 A TNs COMPRISING AMENDED ASSESSMENT NO f OO2 AND EACH A TN PROVIDES A PORTION OF THE SECURIT'~
FOR T~E TOTAL AMENDED A$SESSMENT NO 1(~02 REMAINING AMENDED A$SESSMENT AMOUNT OF $1.879r576.71
291B2LT1
A~I