HomeMy WebLinkAboutRES NO 124-99 RESOLUTION NO. I ~ 4" 9 9
RESOLUTION ORDERING CHANGE OF PROCEEDINGS
TO REVISE DESCRIPTION OF WORK
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 94-3
(SILVER CREEK/BRIMHALL NORTH/SEVEN OAKS/SOUTH LAURELGLEN)
WHEREAS, by its Resolution No. 151-95, adopted on September 27, 1995, this
City Council approved the Final Engineer's Report for the City's Assessment District No. 94-3
(Silver Creek/Brimhall North/Seven Oaks/South Lanrelglen)(the "Assessment District"), which,
in Section II thereof, included a description of the authorized work and acquisitions of the
Assessment District; and
WHEREAS, this City Council has received a written report (the "Report of
Proposed Changes") of Wilson & Associates, as Engineer of Work for the Assessment District,
which describes certain proposed changes to the previously-approved scope of the authorized
work and acquisitions, including the deletion of some previously-authorized work and
acquisitions and the addition of certain other work and acquisitions not previously authorized;
and
WHEREAS, this City Council is authorized by Sections 10350 and following of
the California Streets and Highways Code to approve a change of proceedings for the
Assessment District without notice and hearing, provided that (a) there is no increase in the
assessments previously levied and (b) the proposed changes will not result in a different
distribution of benefit from that which resulted from the previously-approved scope of authorized
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work and acquisitions; and
WHEREAS, Orrick, Herrington & Sutcliffe LLP, Bond Counsel ("Bond
Counsel") to the City for the Assessment District, has advised this Council that the requirements
of said Sections 10350 and following for approval of the proposed change of proceedings, as
described in the Report of Proposed Changes, without notice and hearing, are satisfied;
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS,
DETERMINES AND RESOLVES as follows:
1. This City Council hereby finds and determines that the proposed change of
proceedings, as outlined in the Report of Proposed Changes, are in the public interest and the
best interest of the property owners and inhabitants of the Assessment District and, in reliance
upon the advice of Bond Counsel, hereby finds and determines that the requirements of Sections
10350 and following of the California Streets and Highways Code for approval of the proposed
change of proceedings without notice and hearing are satisfied.
2. This City Council approves the proposed change of proceedings as
described in the Report of Proposed Changes, orders the deletion of those items of work and
acquisition which are recommended for deletion, and orders the inclusion of those items of work
and acquisition which are recommended to be added.
3. Exhibit A to the Acquisition and Disclosure Agreement (the "Acquisition
and Disclosure Agreement") for the Assessment District, which agreement was approved by
resolution of this City Council adopted on April 19, 1995, is hereby revised to conform to the
change of proceedings approved by this resolution.
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4. This resolution shall be effective immediately upon its adoption.
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 August 25, 1999, by
the following vote:
Carson, Demond, 3~.gga~ Couch, Rowles, Sullivan, Salvaggio
AYES~
NOES;
ABSTAIN:
ABSENT:
AP PR OV~2/~f August,
MAYOt~o f fh~ o f-Bak}e~field
Councilmem~r N O~ ~
Councilmem~r ~r(rg~D-
Councilmember ~0~
~d Ex Officio
* Clerk of~e Co~cil of the
City of B~ersfield
1999
APPROVED AS TO FORM:
OR_RICK, HERR1NGTON & SUTCLIFFE LLP
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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