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HomeMy WebLinkAboutRES NO 151-95R SOLUTION NO. 1 5 1 ' 9 5 RESOLUTION APPROVING FINAL ENGINEER'S REPORT, LEVYING ASSESSMENTS, ORDERING IMPROVEMENTS, AND AUTHORIZING AND DIRECTING RELATED ACTIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 94-3 (SILVER CREEK/BRIMHALL NORTH/SEVEN OAKS/SOUTH LAURELGLEN) 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. 94-3 (Silver Creek/Brimhall North/Seven Oaks/South Laurelglen), City of Bakersfield, County of Kern, State of California; and WHEREAS, this Council has declared its intention to order improvements to Assessment District No. 94-3 (Silver Creek/Brimhall North/Seven Oaks/South Laurelglen) 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. 94-3 (Silver Creek/Brimhall North/Seven Oaks/South Laurelglen), 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. 130-95, adopted on August 9, 1995, this Council preliminary approved the Preliminary Engineer's Report and scheduled two public hearings as required by law on September 13 and September 27, 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 September 13, 1995, was an information hearing and was held by this Council and closed on said date; and WHEREAS, prior to the public hearing for September 27, 1995, 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 September 27, 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 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 i~? levied, action is final as to all persons. 5. The assessment diagram, as set forth of the Engineer's Report, shall be filed for record and in accordance with Section 10312 of the Code this in Appendix B 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 not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. 4 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 27, 1995, by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH,~McDERMOTT, ROWLES, SULLIVAN, SALVAGG}O NOES: COUNCILMEMBER ABSTAIN: COUNCiLMEMBER ABSENT: COUNCILMEMBER I~"% L--~/~ ~'~ ~'-, ~ ~ -,.~' City Clerk and Ex Offzclo Clerk of the Council of the City of Bakersfield APPROVED this 27th day of September, MAYOR~f~he City of Bakersfield 1995 APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE B°nd~z~~ ~/ COUNTERSIGNED: CITY ATTORNEY City of Bakersfield