HomeMy WebLinkAboutRES NO 128-96RESOLUTION NO. 1 2 8 ' 9 6
RESOLUTION APPROVING FINAL ENGINEER'S REPORT, LEVYING
ASSESSMENTS, ORDERING IMPROVEMENTS, AND
AUTHORIZING AND DIRECTING RELATED ACTIONS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-1
(BRIMHALL II, SPRING MEADOWS, FAIRWAYS, AND CAMPUS PARK)
WHEREAS, this City Council has accepted a petition,
signed by owners of certain real property situated in the City of
Bakersfield and has directed that special assessment proceedings
be undertaken by the terms of such petition; and
WHEREAS, this Council has approved a map and adopted
the boundaries shown on such map as describing the extent of the
territory included in a proposed assessment district to be known
as Assessment District No. 96-1 (Brimhall II, Spring Meadows,
Fairways, and Campus Park), City of Bakersfield, County of Kern,
State of California; and
WHEREAS, this Council has declared its intention to
order improvements to Assessment District No. 96-1 (Brimhall II,
Spring Meadows, Fairways, and Campus Park) and to levy a special
assessment upon the land within the described assessment
district, and has given notice of its intention to issue bonds,
in accordance with the Improvement Bond Act of 1915 (the "1915
Act"), representing all unpaid assessments; and
WHEREAS, at the direction of this Council, the Director
of Public Works of the City, as Engineer of Work for improvement
proceedings in Assessment District No. 96-1 (Brimhall II, Spring
Meadows, Fairways, and Campus Park), has filed with the City
Clerk the report prescribed in Section 10204 of the Streets and
Highway Code (the "Preliminary Engineer's Report"); and
WHEREAS, by its Resolution No. 106-96, adopted on
September 11, 1996, this Council preliminary approved the
Preliminary Engineer's Report and scheduled two public hearings
as required by law on October 9, 1996 and November 6, 1996,
respectively; and
WHEREAS, notice of said hearings was given to property
owners by mail as required by law, as evidenced by the
Certificate of Mailing which has been filed with the City Clerk;
and
WHEREAS, the public hearing for October 9, 1996, was an
information hearing and was held by this Council and closed on
said date; and
WHEREAS, prior to the public hearing for November 6,
1996, the Director of Public Works filed with the City Clerk a
Final Engineer's Report (the "Engineer's Report") which made
minor revisions to the Preliminary Engineer's Report without
increasing the amount of any proposed assessment and without
altering the distribution of estimated benefits in any
significant way; and
WHEREAS, the public hearing for November 6, 1996, was
conducted, and having provided opportunity for any interested
person present to be heard, the hearing was closed; and
WHEREAS, this Council finds and determines that, for
purposes of the majority protest provisions of Section 10311 of
the California Streets and Highways Code (the "Code"), the
$l~2-63523. ! 2 40213-15-]~J~-09/25/96
written protests presented before the close of the hearing
represented less than one-half of the area of the land to be
assessed for the improvements and that, therefore, there was not
a majority protest; and
WHEREAS, this Council finds and determines that the
proposed assessment of the cost and expenses of the proposed
improvement upon the respective parcels of land in the assessment
district, as set forth in the Engineer's Report, as Exhibit A
thereof, represents a fair and equitable apportionment of such
cost and expenses in proportion to the estimated benefits to be
received by each parcel, respectively, from the improvement;
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS,
DETERMINES AND RESOLVES as follows:
1. This City Council hereby overrules each of the
protests submitted, whether written or oral, being satisfied,
based upon all of the information known to the Council and
presented in the record of these proceedings, that the
recommendations set forth in the Engineer's Report are in
conformity with legal standards and requirements and that the
recommended assessment has been established in a fair and
equitable manner reflecting the estimated benefit to the
respective parcels in proportion to such estimated benefits.
2. The Engineer's Report filed by the Engineer of
Work is hereby approved by this Council without modification.
3. The proposed work and improvement, as described in
Section II of the Engineer's Report, is hereby ordered.
4. The individual assessments, in the amounts stated
in Exhibit A of the Engineer's Report are hereby confirmed and
levied, and in accordance with Section 10312 of the Code this
action is final as to all persons.
5. The assessment diagram, as set forth in Appendix B
of the Engineer's Report, shall be filed for record in the Office
of the County Recorder for Kern County, as required by Section
3114 of the Code; a notice of assessment, containing the matters
required by said Section 3114 shall be prepared, executed and
recorded by the City Clerk; and notice of recordation of
assessment shall be given by publication and by mail in the form
and manner required by Section 10404 of the Code.
6. Pursuant to Section 10603 of the Code, the Finance
Director is hereby designated to collect and receive the cash
payments from property owners on account of the assessments
levied, and upon expiration of the cash payment period
prescribed, shall submit to the City Clerk a paid and unpaid
list, showing payments received and assessment amounts remaining
unpaid (the "Paid and Unpaid List").
7. Following receipt of the Paid and Unpaid List from
the Finance Director, this Council intends to proceed with
authorization for the issuance and sale of limited obligation
improvement bonds (the "Bonds") pursuant to the 1915 Act upon the
security of unpaid assessments, bearing interest at a rate not to
exceed twelve percent (12%) per annum, with the last principal
installment of the bonds to mature not to exceed twenty-four (24)
years from the second day of September next succeeding twelve
(12) months from their date.
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 November 6, 1996, by the
A~ES: COUNCILMEMBER DeMOND, CAR~ON, 8~11TH,
following vote: N3~;~: COUNCE~,EMBER
AB~!'A~N: COUNCILMEMbER ~'~ ~ / '~ [/';nO //
A~SENT: COUNCILMEMBER /~/(~]
c,er
Clerk of the Council of the
City of Bakersfield
APPROVED this 6th day of November, 1996
MAYO~o~Jhe~iy~0f Bakersfield
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE
Bond Counsel
COUNTERSIGNED:
City of Bakersfield
SF2~3823.! 5 40213-15-1vIIE-09/25/96