HomeMy WebLinkAboutRES NO 156-95RESOLUTION NO. 1 5 6 ' 9 5
A RESOLUTION AMENDING RESOLUTION
135-95 AUTHORIZING A PARTIAL
DEFERRAL OF ASSESSMENT (ASSESSMENT
DISTRICT NO. 91-1 (HOSKING TRUNK
SEWER)
WHEREAS, Resolution No. 191-92, 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 being 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 requires a benefit assessment in
excess of 30 times the average residential lot assessment and the
current R-2 zoning is substantially less, and 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
Bakersfield that Resolution No. 135-95 is hereby
follows:
the City of
amended as
1. The portion of the assessment representing the increase
from R-1 to R-3 land use is the amount of $12,688.79 (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, 1995, and April 10, 1996, on
said Assessment No. 100 (the "Parcel") are 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. This deferral shall
include the prior deferred sum of $9,162.98 set forth in Resolution
No. 30-93.
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, 1996, and prior to June 30, 1996, the owner of the
Parcel may request that, for fiscal year 1996/1997, the Council
continue the deferment of the amount previously deferred, providing
there is no change in the status of 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.
September 29, 1995
- 2
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the ~y of Bakersfield at a regular
meeting thereof held on 0OIl! , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOT'r, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCI[.M~I,,::35~ ~'~ L
ABSTAIN: COUNCILM!-_;'
~BSENT: COUNCILMEMBER ~/~
CITY CLERK and EX OFFICIO of the
Council of the C±ty of Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
By:
Chief Assistant City Attorney
City of Bakersfield
RMS~bsb
Septetnber 29, 1995