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HomeMy WebLinkAboutRES NO 127-94RESOLUTION NO. I ' 9 4 A RESOLUTION OF THE COUNCIL OF THE CITY OF B/~KERSFIELD, ORDERING CHANGE iqlqD MODIFICATION TO ENGINEER'S REPORT, ASSESSMENT DIAGRAM AND ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 93-1 (N.E. Sewer Project) RESOLVED, by the City Council of the City of Bakersfield, as follows: WHEREAS, the City Council of the City of Bakersfield did on October 27, 1993, adopt its Resolution of Intention No. 1110; and WHEREAS, the City Council pursuant to said Resolution of Intention No. 1110 did adopt the Engineer's Report, (herein "Engineer's Report") thereunder by Resolution No. 192-93, A Resolution and Order Adopting Engineer's Report, Confirming the Assessment as Modified and Ordering the Work, on December 15, 1993; and WHEREAS, Series I and II, Limited Obligation Improvement Bonds for Assessment District No. 93-1 of the City of Bakersfield have been issued and sold; and WHEREAS, property owners whose parcels will have increased assessments have submitted written requests to amend and increase their assessments, thereby decreasing the assessments for other parcels within the District; and 7-21-94(4224.1) WHEREAS, property owners whose parcels will have increased assessments have waived their right in writing to public hearing on the within changes and modification and have further waived the 30 day cash payment period; and WHEREAS, said actions have or will modify the assessments without increasing the aggregate assessment for the District; and WHEREAS, said modifications are approved within this Assessment District, on condition that the existing assessments be respread and amended; WHEREAS, an Diagram Amendment No. and amended "Engineer's Report, Assessment and 1, city of Bakersfield Assessment District No. 93-1, Respread andAmendment of the Existing Assessment Amounts for the N. E. Sewer Project was duly made and filed with the City Clerk's office; and WHEREAS, an "Amended Assessment Diagram of City of Bakersfield Assessment District No. 93-1," was duly made and filed with the City Clerk's office; and WHEREAS, said amended Engineer's Report describes the method of assessment respread and includes an Amended Assessment Roll as Report Exhibit "A", showing the exact amount of existing assessment proposed to be respread to each of the referenced N. E. Sewer Project properties; and WHEREAS, Section 10351 of the Streets and Highways Code of the State of California, authorizes the City Council to make such changes and modifications. NOW, THEREFORE, BE IT ORDERED AS FOLLOWS: 7-21-~(4224.1) -2 - 1. The Council finds that the owners of the parcels for which the existing assessment principal amounts are proposed to be increased pursuant to the requested Change and Modification, have waived notice and hearing and 30 day cash payment period on any assessment increases. 2. The Council finds that the original purchaser of the Series I and II Bonds issued by the City for this Assessment District, has been given notice of this proceeding and has acknowledged receipt of notice of the proposed change and modification and has accepted the changes and modification and has waived the right to request a hearing on the change and modification. 3. That the Engineer's Report be changed and modified as provided in "Engineer's Report, Change and Modification No. 1, City of Bakersfield Assessment District No. 93-1, Respread andAmendment of the Existing Assessment Amounts for the N. E. Sewer Project," which is on file at the office of the City Clerk. 4. That the Assessment Diagram, be changed and modified as an Amended Assessment Diagram, as provided in the "Amended Assessment Diagram of City of Bakersfield Assessment District No. 93-1", which is on file at the office of the city Clerk. 5. That the Assessment Roll, be changed and modified as an Amended Assessment Roll, as provided in Exhibit "A" to the "Engineer's Report, Change and Modification No. 1, City of Bakersfield Assessment District No. 93-1, Respread andAmendment of 7-21-94(4224.1) -- 3 - the Existing Assessment Amounts for the N. E. Sewer Project," which is on file at the office of the City Clerk. 7-21-~(4224.1) -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 August 10, 1994, by the following roll call vote: ABSTAIN: ABSENT: COUNCILMEM~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of h~f Bakersfield City of Bakersfield Richard H. Hergrove, Bond Counsel 7-21-94(4224.1)