HomeMy WebLinkAboutRES NO 78-97RESOLUTION NO. ~' 8 - 9 '~
A RESOLUTION AUTHORIZING A PARTIAL
DEFERRAL OF ASSESSMENT (ASSESSMENT
DISTRICT NO. 91-1, HOSKING TRUNK
SEWER) - Wards 6 & 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 1913, the City Council
of the City of Bakersfield (the "City Council") may determine 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. 373-060-22-00-1 (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, the Council wishes to defer that portion of the assessment representing
the difference between R-1 and R-3 zoning.
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 $10,614.12 (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, 1997, and April 10, 1998, 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, 1998 and
prior to June 30, 1998, the owner of the Parcel may request that, for fiscal year 1998/1999,
the Council continue the deferment of the amount previously deferred, providing there is
no change in the status r~f 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.
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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
M~,Y 2 1 1997 , by the following vote:
AYES: COUNCILMEMBER OeMOND, CARSON,*~q~, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
N0~S: C0UNClLMEM~ER ~ -
ABSTAIN: COUNCILMEMBER
At~%F. NT: COUNCiLMEMBER
APPROVED
y~ 21 ~7
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CityAttorney
By:
ROBERT M $HERFY
Chief Assistant City Attorney
City of Bakersfield
RMS/meg
--April 24, 1997
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