HomeMy WebLinkAboutRES NO 33-94 ~ RESOLUTION ~%DOPT~NG THE ENG~NEER~
REPORT~ CONF~RI~NG THE ASSESSHENT~ ~
ORDERING THE CONSTRUCTION ~%ND/OR ~C~U~T~ON
OF THE I~PROVEI, fENT~
C~TY OF BAKERSFIELD
~SSESS~ENT D~STRICT NO,
(STINE-HikRRIS)
93-2
RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY OF
BAKERSFIELD (the "City") AS FOLLOWS:
WHEREAS, on January 12, 1994, the Council did adopt its
Resolution of Intention to perform the work and order improvements
in the City, or the acquisition thereof, and to make the costs and
expenses thereof chargeable upon an assessment district generally
known as City of Bakersfield Assessment District No. 93-2 (Stine-
Harris) ("A.D. 93-2"); and did refer the proposed work and
improvements to the Engineer of Work for the City, he being
appointed by the Council for that purpose; and
WHEREAS, the Council thereby directed the Engineer of
Work to make and file with the City Clerk an Engineer's Report (the
"Report") in writing, in accordance with and pursuant to the
provisions of the Municipal Improvement Act of 1913 of the Streets
and Highways Code of the State of California (the "Act"); and
WHEREAS, the Report was duly made and filed with the City
Clerk, whereupon the City Clerk presented it to the Council for
consideration; and
WHEREAS, the Council duly considered the Report and each
and every part thereof and found that it contained all the matters
and things called for by the Act, including:
(a) Plans and specifications of the proposed improvements to
be made pursuant to the Resolution of Intention, if such
improvements are not already installed;
(b) A general description of works or appliances already
installed and any other property necessary or convenient for
the operation of the improvements, if the works, appliances,
or property are to be acquired as part of the improvements;
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(c) An estimate of the cost of the improvements
cost of lands, rights-of-way, easements, and
expenses in connection with the improvements;
and of the
incidental
(d) A diagram showing the exterior boundaries of A.D. 93-2,
the boundaries of any zones within A.D. 93-2, and the lines
and dimensions of each parcel of land within A.D. 93-2, as
each existed at the time of the passage of the Resolution of
Intention; each subdivision, including each separate
condominium interest as defined in Section 783 of the Civil
Code, has been given a separate number upon the diagram;
(e) A proposed assessment of the total amount of the costs
and expenses of the proposed improvements upon the several
subdivisions of land in A.D. 93-2 in proportion to the
estimated benefits to be received by each subdivision,
respectively, from the improvements. As to any portion or
percentage of the costs and expenses of the improvements
ordered to be paid out of the treasury of the City, or
contributed by other governmental agencies, the amount of that
portion or percentage has been first deducted from the total
estimated cost and expenses of the improvements, and the
assessment upon property proposed in the Report includes only
the remainder of the estimated cost and expenses. The
assessment refers to the subdivisions by their respective
numbers as assigned pursuant to subdivision (d) of this
section;
(f) A proposed maximum annual assessment upon each of the
several subdivisions of land in A.D. 93-2 to pay costs
incurred bythe City and not otherwise reimbursed which result
from the administration and collection of assessments or from
the administration or registration of any associated bonds and
reserve or other related funds;
WHEREAS, the Council found that the Report and each and
every part thereof was sufficient in every particular and
preliminarily approved the Report and determined that it should
stand as the Report for all subsequent proceedings under the Act,
whereupon the Council, pursuant to the requirements of the Act,
appointed March 9, 1994, at the hour of 7:00 p.m., in the Council
Chambers, 1501 Truxtun Avenue, Bakersfield, California, as the time
and place for hearing protests in relation to the proposed
improvements, the extent of A.D. 93-2, and the proposed
assessments, and directed the City Clerk to give notice of said
hearing as required by the Act; and
WHEREAS, it appears that notice of the hearing was duly
and regularly 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
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WHEREAS, the protest hearing was duly and regularly held
by the Council at the time and place designated in the notice; and
WHEREAS, the Council did hear all objections and protests
to the improvements and to the extent of A.D. 93-2, and to the
proposed assessment and diagram, and to the maps and descriptions,
and to the Engineer's estimate of the costs and expenses, and all
persons interested and desiring to be heard were given an
opportunity to be heard, and all matters and things pertaining to
the improvements were fully heard and considered bythe Council and
the Council has acquired jurisdiction to order the improvements and
the confirmation of the diagram and assessment 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 for the cost of the improvements did not, at or prior to
the time fixed for the protest hearing, file written protests
against the proposed improvements as a whole, or against A.D. 93-2
or the extent thereof to be assessed for the costs and expenses of
the improvements as a whole, or as to the Engineer's estimate of
said costs and expenses, or against the maps and descriptions, or
against the diagram or assessment to pay the costs and expenses
thereof.
2. Any and all protests made either to the proposed
improvements or the grades at which the work is proposed to be done
or the extent of A.D. 93-2 or the amounts of the several
assessments or the maps and descriptions or the acquisitions, if
any, and all persons desiring to be heard in relation to any of
these matters, whether as protestants or otherwise, have been fully
heard and considered, and are hereby overruled.
3. A.D. 93-2 shall benefit by the improvements and
shall be assessed to pay the costs and expenses thereof. The
exterior boundaries of A.D. 93-2 are more particularly described in
the Resolution of Intention, on file in the office of the City
Clerk, and are made a part hereof by reference thereto. All public
streets and highways within A.D. 93-2, in use in the performance of
a public function as such, shall be omitted from A.D. 93-2 and from
the levy and collection of the special taxes hereafter levied and
collected to cover the costs and expenses of the improvements.
4. The general description of works or appliances and
any other property necessary or convenient for the operation of the
improvements to be constructed and/or acquired as contained in the
Report, be, and are hereby, finally adopted and approved as the
works or appliances called for pursuant to the Resolution of
Intention.
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O~IG~NAL
5. The Engineer's estimate of the itemized and total
costs and expenses of the improvements, and of the incidental
expenses in connection therewith, as contained in the Report has
been increased, and said increase has been consented to by all
property owners affected thereby, as evidenced by their signatures
on that certain waiver letter regarding such increase in assessment
on file with the City Clerk, and such increase is hereby finally
adopted and approved as the Engineer's total and detailed estimate
of the costs and expenses of the improvements.
6. The maps and descriptions of the lands and easements
to be acquired as contained in the Report are hereby finally
approved and confirmed.
7. The public interest and convenience require, and the
Council does hereby order, the improvements to be made as described
in and in accordance with the Resolution of Intention, on file with
the City Clerk, reference to which is hereby made for a more
particular description of the improvements, and also for further
particulars pursuant to the provisions of the Act.
8. The diagram showing A.D. 93-2 referred to and
described in the Resolution of Intention, and also the boundaries
and dimensions of the respective subdivisions of land within A.D.
93-2 as the same existed at the time of the passage of the
Resolution of Intention, each subdivision having been given a
separate number upon the diagram, as contained in the Report is
hereby finally approved and confirmed as the diagram of the
properties to be assessed to pay the costs and expenses of the
improvements.
9. The assessment of the total amount of the costs and
expenses of the proposed improvements upon the several subdivisions
of land in A.D. 93-2 in proportion to the estimated benefits to be
received by the subdivisions, respectively, from the improvements,
and of the expenses incidental thereto, and of the maximum annual
assessment to pay for administrative cost, all as contained in the
Report is hereby finally approved and confirmed as the final
assessment to pay the costs and expenses of the improvements and
the costs specified in subsection 10204(f) of the Act.
10. The Engineer's Report is hereby finally approved and
adopted as a whole.
11. The City Clerk shall forthwith deliver to the City's
Director of Public Works the assessment, together with the diagram
attached thereto and made a part thereof, as confirmed by this
Council with the City Clerk's certificate of confirmation, and the
date thereof, thereto attached. The Director of Public Works shall
forthwith record the diagram and assessment in his office in a
suitable book kept for that purpose, and append thereto his
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certificate of the date of recording, and such recordation shall be
and constitute the assessment roll herein.
12. The City Clerk shall further file an assessment
diagram with the Kern County Recorder and shall execute and cause
a Notice of Assessment, with the assessment roll attached, to be
recorded in the office of the County Recorder of Kern County, in
the manner and form prescribed by law. The City Clerk shall
further cause a certified copy of the diagram and assessment to be
filed in her office in the City of Bakersfield, California.
13. The Finance Director of the City is hereby
designated as the Collection Officer and shall collect and receive
the money paid pursuant to the assessment.
14. The Collection Officer, upon the recording of the
diagram and assessment with the County Recorder, shall cause to be
mailed to each owner of real property within the area of A.D. 93-2
at such owner's last known address as it appears on the tax rolls
of the County of Kern or on file in the office of the City Clerk,
or to both addresses if the addresses are not the same, or to the
general delivery when no address appears, a statement containing a
designation by street number or other description of the property
assessed, sufficient to enable the owner to identify the property,
the amount of the assessment, the date of recordation of the
assessment, the time and place of payment thereof, the effect of
failure to pay within such time, together with a statement of the
fact that bonds representing unpaid assessments and bearing
interest at the rate of not to exceed twelve percent (12%) per
annumwill be issued hereunder pursuant to the Improvement Bond Act
of 1915 of the Streets and Highways Code of the State of
California.
15. The Collection Officer shall also cause a Notice of
Recording of Assessment to be published in the Bakersfield
Californian, a newspaper of general circulation and record within
the city, stating that the assessment has been recorded and that
all sums assessed thereon are due and payable immediately and that
the payment of the sums is to be made within thirty (30) days after
the date of recording the assessment, which date shall be stated in
the notice, the effect of the failure to pay assessments within the
30-day period, and the fact that bonds will be issued upon unpaid
assessments as above provided. Publication shall be made once a
week for two successive weeks with at least five days intervening
between the respective publication dates, not counting such
publication dates.
16. Pursuant to the Municipal Improvement Act of 1913,
found at Section 10100 et seq., Division 12 of the California
Streets and Highways Code (the"Law") the Kern County Auditor (the
"Auditor") is hereby requested and authorized to keep the record
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for the assessment (the "Record") showing the several installments
of principal and interest on the assessment which are to be
collected in each year during the term of the bonds issued in
connection with the unpaid assessments for A.D. 93-2. The Auditor
is further requested and authorized to annually enter in his or her
assessment roll on which taxes will next become due the several
installments of the assessment coming due during the year covered
by the assessment roll, including interest and fees as allowed
under the Law.
17. Final adoption and approval of the Report as a
whole, and of the works or appliances and any other property
necessary or convenient for the operation of the improvements to be
constructed and/or acquired, the estimate of the costs and
expenses, the maps and descriptions of the lands and easements to
be acquired, the diagram and the assessment, as contained in the
Report, as hereinabove determined and ordered, is intended to and
shall refer and apply to the Report, or any portion thereof, as
amended, modified, revised or corrected by, or pursuant to and in
accordance with any resolution or order, if any, heretofore duly
adopted or made by this Council.
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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 9th day of March, 1994, by the
following vote:
AYES: C~ME~ERS ~DER~, ~W/ke~}~ DeMONO,,~gI'H, BRUNNI, R~, $~VAGGIO
~ES: COUNCILMEMBERS
A~TNN: COUNG,LMEM~
AB~; COUNCILMEM~
the Council of the City of
Bakersfield
APPROVEDt i~..~~f Mar~h, 1994:
Mayor of~th'e City of Bakersfield
APPROVED AS~TO FORM:
Richard H. Hatgrove, Bond Counsel
COUNTERSIGNED:
sfleld/
(2r~4/94)
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INDEX MAP OF ASSESSMENT DIAGRAM
SHEET 3 AND DIAGRAM OF A~ENTS
1-14 AND 107
CITY OF BAKERSFIELD
ASSESSMENT DIS[RICT NO. 93-2 (StONE-HARRIS)
LEGEND