HomeMy WebLinkAboutRES NO 99-95 SOLUTION NO.9 9 ' $
A RBSOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD CONFIRMING
AMENDED AHSESSMEHT TO SEGREGATE 2KND APPORTION
UNPAID INSTALLMENTS OF EXISTING ~,~SESSMEMT
PURHUAHT TO DIVISION OF LAND AND BOHD
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-2
AHBESBMRMT AND DIAGRAM AM~ NOS. 7; 8; AND g
EXISTING AHBBSBNR~T NOS. 3; 4; ~ 451
N~ ~8BS8~ NOS. 45X T~OUGH 553 INCLUSIVE
RESOLVED, BY THE CITY COUNCIL (the "Council") OF THE CITY
OF BAKERSFIELD (the "City"), as follows:
WHEREAS, on March 9, 1994, the Council adopted Resolution
No. 33-94, confirming and ordering the recordation of assessments
for city of Bakersfield Assessment District No. 93-2 (the
"District"); and
WHEREAS, Section 8740 of the California Streets and
Highways Code authorizes the City Council to make division of land
and bond to existing assessments; and
WHEREAS, Assessment Nos. 3, 4, and 451 of the District
have been affected by subdivision of the original parcels of land;
and
WHEREAS, on May 17, 1995, the Council adopted Resolution
No. ~-~S, ordering preparation of Amended Assessments and Diagram
Amendments Nos. 7, 8, and 9 to segregate and apportion unpaid
installments of existing assessment and setting time and place of
hearing thereon; and
WHEREAS, in connection with the division of land and bond
for existing assessments No. 3, 4, and 451, an Amended Engineer's
Report, Amended Assessment Rolls and Amended Diagrams Nos. 7, 8,
and 9 for the District have each been prepared and filed with the
City; and
WHEREAS, the Council pursuant to the provisions of the
Municipal Improvement Act of 1913 of the Streets and Highways Code
of the State of California (the "Act"), appointed June 14, 1995, at
the hour of 7:00 p.m., in the regular meeting place of the Council,
being the Council Chambers, 1501 Truxtun Avenue, Bakersfield,
4-25-95(6995.1)
being the Council Chambers, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place for hearing protests in relation
to the proposedAmended Assessments andAmended Diagrams Nos. 7, 8,
and 9 to segregate and apportion unpaid installments of existing
Assessment Nos. 3, 4, and 451 of Assessment District No. 93-2, and
directed the city Clerk to give notice of said hearing as required
by the Act; and
WHEREAS, it appears that notices of the hearing were duly
and regularly published, posted and mailed in the time, form and
manner required by the Act, as evidenced by the affidavits and
certificates on file with the City Clerk; and
WHEREAS, the protest hearing was duly and regularly held
by the Council at the time and place designated in the notices; and
WHEREAS, the Council did hear all objections and protests
to the Amended Assessments and Amended Diagrams Nos. 7, 8, and 9,
amending existing Assessment Nos. 3, 4, and 451 within Assessment
District No. 93-2, and all persons interested and desiring to be
heard were given an opportunity to be heard, and all matters and
things pertaining to the proposed amended assessment were fully
heard and considered by the Council and the Council has acquired
jurisdiction to confirmthe amended assessments and diagrams to pay
the costs and expenses thereof.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND
ORDERED AS FOLLOWS:
1. The owners of more than one-half of the area to be
assessed due to the segregation and apportionment of existing
Assessment Nos. 3, 4, and 451, of Assessment District No. 93-2 did
not, at or prior to the time fixed for the protest hearing, file
written protests against the proposed segregation and
apportionment.
2. Any and all protests made to the segregation and
apportionment of Assessments No. 3, 4, and 451 of Assessment
District No. 93-2, if any, and all persons desiring to be heard in
relation to this matter, whether as protestants or otherwise, have
been fully heard and considered, and are hereby overruled.
3. The public interest and convenience require, and the
Council does hereby order, Assessment and DiagramAmendment Nos. 7,
8, and 9 to segregate and apportion unpaid installments of existing
Assessment Nos. 3, 4, and 451 of Assessment District No. 93-2, in
accordance with and more fully described in the engineer's report
therefor on file with the street superintendent of the city.
4. Assessment and Diagram Amendment Nos. 7, 8, and 9,
each prepared in connection with the proposed division of land and
~25-95(6995.1) --2 --
bond, copies of which have been filed with the City Clerk, and are
incorporated by reference, are finally approved and shall stand as
the current and final Engineer's Report, Amended Assessment Rolls
and Amended Diagrams for that portion of Assessment District No.
93-2 heretofore referred to as Assessment Nos. 3, 4, and 451, from
this date forward.
5. Existing Assessment Nos. 3, 4, and 451, shall be
deleted from the Assessment Diagram of the District, to be replaced
by new Assessment Nos. 451 through 553, inclusive.
6. The street superintendent of the City shall file
Assessment and Diagram Amendment Nos. 7, 8, and 9 with the Auditor
of Kern County, who shall annually thereafter enter upon the tax
roll of Kern County the installments becoming due on each parcel as
set forth in the report.
III
III
III
III
4-25-95 (6995.1) -- 3 --
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 14th day of June, 1995, by the
following vote:
AYES; COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTF, R~l~, CHOW, SALVAGGIO
NOES: COUNCILMEMBER
ABSTA,N: COUNC,LMEMBER
ABSENT: COUNCILMEMBER
CITY OF BAKERSFIELD
Assistantcity Clerk and Ex offici~
Clerk of the Council of the
City of Bakersfield
APPROVED th~ 14th day of June 1995.
MAYOR--of the City of Bakersfield
APPROVED AS TO FORM:
BURKE WILLIAMS & SORENSEN, BOND COUNSEL
K. Diane Lushbough ~
COUNTERSIGNED:
CITY ATTORNEY of the/2~ty o~
Bakersfield ~
4-25-95(6995.1)