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HomeMy WebLinkAboutRES NO 139-99 139-99 RESOLUTION NO. -99 RESOLUTION DETERMINiNG ASSESSMENTS REMAiNiNG UNPAID CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 99-1 (POLO GREENS/RIVER OAKS) WHEREAS, the Finance Director of the City of Bakersfield (the "Finance Director") has filed with the City Clerk a list of paid and unpaid assessments for Assessment District No. 99-1 (Polo Greens/River Oaks), a copy of which list is attached to this resolution as Exhibit A and by this reference incorporated herein, certifying that the entitlement to pay in cash was waived in writing by the affected property owners, that in accordance with said written waivers no cash payments were received, and that the amount of assessments remaining unpaid is equal to the amount of assessments levied; and WHEREAS, this City Council wishes to establish said amount as the amount of unpaid assessments and to ratify said amount as the principal amount of limited obligation improvement bonds authorized and issued in these proceedings upon the security of said unpaid assessments. NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: SECTION 1. ASSESSMENTS UNPAID. This Council hereby finds and determines that, as set forth in the attached Paid and Unpaid List, and there being no information to the contrary, the amount of assessments remaining unpaid in Assessment District No. 99-1 (Polo Greens/River Oaks) is the amount set forth in said Paid and Unpaid List, and by separate resolution, this Council has authorized the issuance of limited obligation improvement bonds of the City in a principal amount to be established on the basis of said unpaid assessments. The principal amount of bonds to be issued shall be equal to the amount of assessments levied, rounded down, if necessary, to the nearest $5,000. DOCSSF1:3827501 SECTION 2. TRANSMITTAL TO COUNTY AUDITOR. The City Clerk is hereby directed to transmit a copy of this resolution to the County Auditor of the County of Kern, and said County Auditor is requested to proceed in accordance with Section 8682 of the California Streets and Highways Code in the collection of installments of these assessments and the interest thereon on the secured property tax assessment roll of the County, commencing with the 2000-2001 tax roll. I)OCSSF 1:382750 I 40213-22-SS4 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 September 22, 1999, by the following vote: AYES: NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 22nd day of September, 1999 MAYQ~f the C~ty of Bakersfield APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Counsel COUNTERSIGNED: BART J. THILTGEN City Attorney DOCSSF1:3827501 40213-22 SS4 CERTIFICATE RE PAID AND UNPAID ASSESSMENTS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 99-1 (POLO GREENS/RIVER OAKS) I HEREBY CERTIFY the following: (1) A Property Owner Consent and Waiver has been executed and filed with me by the authorized representatives of Coleman Homes, Inc., the property owner, consenting to the levy of the assessments on their respective properties in the amounts set forth in the Final Engineer's Report, dated September 9, 1999, waiving the entitlement to pay any portion of said assessments as levied on September 22, 1999, and waiving any entitlement to challenge the validity of the assessments in Assessment District No. 99-1 (Polo Greens/River Oaks), City of Bakersfield, California. (2) The amount of assessments remaining unpaid in Assessment District No. 99-1 (Polo Greens/River Oaks) is therefore equal to the principal amount of assessments levied on September 22, 1999, as set forth on the attached List of Unpaid Assessments. Executed at Bakersfield, California, on September 22, I999 GREGORY J. KLIMKO Finance Director City of Bakersfield By. DOCSSI~ 1:382750 1 40213-22-SS4 List of Unpaid Assessments The entire amount of each of the assessments levied, as set forth in the right-hand column under the heading "Confirmed Assessment Amount", represents the unpaid assessment on the applicable parcel. [To Come from Final Engineer's Report] DO(SSI~ I; 827>01 40213-22-SS4