HomeMy WebLinkAboutRES NO 80-95 80-9
R~SO~U~ION NO.
RESOLUTION APPROVING FINAL ENGINEER'S REPORT, LEVYING
ASSESSMENTS, ORDERING IMPROVEMENTS, AND
AUTHORIZING AND DIRECTING RELATED ACTIONS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO.
(RENFRO/HUGNES)
94-1
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 k~ a proposed assessment district to be known
as Assessment District No. 94-1 (Renfro/Hughes), City of
Bakersfield, County ofSKern, State of California; and
WHEREAS, this Council has declared its intention to
order improvements to Assessment District No. 94-1
(Renfro/Hughes) 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. 94-1 (Renfro/Hughes)), has
filed with the City Clerk the report prescribed in Section 10204
(the "Preliminary Engineer's
~ ~ 40213-11 -SS4-05/05/95
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of the Streets and Highway Code
Report"); and
WHEREAS, by its Resolution No. 53-95, adopted on March
22, 1995, this Council preliminary approved the Preliminary
Engineer's Report and scheduled two public hearings as required
by law on April 19 and May 17, 1995, 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 April 19, 1995, was an
information hearing and was held by this Council and closed on
said date; and
WHEREAS, prior to the public hearing for May 17, 1995,
the Director of Public Works filed with the City Clerk a Final
Engineer's Report (the "Engineer's Report") which revised the
scope of authorized improvement work, revised the estimate of
costs and expenses of the work, improvement, proceedings and
financing, and revised the assessment roll without increasing the
amount of any proposed assessment; and
WHEREAS, the public hearing for May 17, 1995, 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
written protests presented before the close of the hearing
represented less than one-half of the area of the land to be
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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
ORiGiNAL
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; that a notice of assessment, containing the
matters required by said Section 3114 shall be prepared, executed
and recorded by the City Clerk; and that 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 nineteen (19) years from the
second day of September next succeeding twelve (12) months from
their date.
OR{GtNAL
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 May 17,
vote:
1995, by the following
AYES; COUNCILMEMBER DeMOND, CARSON, ~, McDERMOTT, ~CHOW, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER /~/~
ABSENT: COUNCILMEMBER
;,ssistant czty Clerk and Sx OfficJ[o
Clerk of the Council of the
City of Bakersfield
APPROVED this 17th day of May, 1995
APPROVED AS TO FORM:
ORRICK, HE~RINGTON & SUTCLIFFE
COUNTERSIGNED:
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