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HomeMy WebLinkAboutRES NO 121-94 A RESOLUTION CONFII~fIN~ THE SPECI~,L ~SSESSMEI'~T; ORDERING THE L~vM OF HPECL%L ASSESSMENT FOR THE I,L~INTEN~NCE OF THE ~TOl~f W~TER ~YSTF.~ ~ ~E~'ER ~YSTF~ II, fPROVF~ENT~ C~TY OF B~KERSFIELD ASSESSMENT DISTRICT NO. 93-3 ( C~J~I FOm~I~-O~X ) RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY OF BAKERSFIELD (the "City") AS FOLLOWS: WHEREAS, on June 29, 1994, the Council did adopt its Resolution Appointing Time and Place of Hearing Protests for the Special Assessment for the Maintenance of the Storm Water System and Sewer System to make the maintenance costs and expenses thereof chargeable upon an assessment district generally known as City of Bakersfield Assessment District No. 93-3 (California-Oak) ("A.D. 93-3"); and WHEREAS, the special assessment is described in the Engineer's Report for A.D. 93-3 as an amount of assessment to be levied for the maintenance, repair or improvement of the storm water system and sewer system improvements for each of the first five years such improvement assessment is to be levied. WHEREAS, the special assessment is more particularly described as a total estimated cost for maintenance of stormwater system and sewer system improvements not to exceed $250 per year during the first five years of maintenance and is to be assessed against benefitted properties. WHEREAS, the Council thereby appointed July 20, 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 special assessment, 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 ~-10-~(400~. 1) ORIGINAL 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 special assessments, and to the Engineer's estimate of the maintenance 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 special assessments were fully heard and considered by the Council and the Council has acquired jurisdiction to order the special assessments and the confirmation of the diagram and assessment to pay the maintenance 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 maintenance special assessments did not, at or prior to the time fixed for the protest hearing, file written protests against the proposed special assessments as a whole, or as to the Engineer's estimate of said maintenance costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay the maintenance costs and expenses thereof. 2. Any and all protests made either to the proposed special assessments or the amounts of the several special assessments or the maps and descriptions, 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. 93-3 shall benefit from maintenance of the level of benefit from the sewer and storm drain improvements permitted by the special assessment and shall be assessed to pay the maintenance costs and expenses thereof, and the special assessment shall be levied. 4. The general description of special assessment necessary or convenient for the maintenance the improvements in Assessment District No. 93-3, as contained in the Engineer's Report (herein "Engineer's Report") adopted June 29, 1994, be, and are hereby, finally adopted and approved as the special assessment called for pursuant to the Resolution of Intention (herein "Resolution of Intention") adopted by this Council on May 4, 1994. 5. The Engineer's estimate of the itemized and total costs and expenses of the special assessments, and of the incidental expenses in connection therewith, as contained in the Report, is hereby finally adopted and approved as the Engineer's ~-1o-~4(4oo~.~) 2 total and detailed estimate of the costs and expenses of the improvements and maintenance of those improvements. 6. In order to maintain the level of benefit to the assessment parcels and preclude a more rapid decline in the affected public works due to the nature of the intense use of the affected properties and location of the improvements, the public interest and convenience require, and the Council does hereby order, the levy of special assessments to be made as described in and in accordance with the Resolution of Intention and the Engineer's Report, on file with the City Clerk, reference to which is hereby made for a more particular description of the special assessments, and also for further particulars pursuant to the provisions of the Act. 7. The diagram showing A.D. 93-3 referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within A.D. 93-3 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 special assessments. 8. The assessment of the total amount of the costs and expenses of the proposed special assessments upon the several subdivisions of land in A.D. 93-3 in proportion to the estimated benefits to be received by the subdivisions, respectively, from the maintenance of 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 maintenance of those improvements, and the costs specified in subsection 10204(f) of the Act. 9. The Special Assessment for maintenance as set forth in the Engineer's Report is hereby finally approved and adopted as a whole. 10. The City Clerk shall forthwith deliver to the City's Director of Public Works the maintenance 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 certificate of the date of recording, and such recordation shall be and constitute the maintenance assessment roll herein. ORIGiNs% 11. The City Clerk has recorded an assessment diagram with the Kern County Recorder for A.D. 93-3 and shall execute and cause a Notice of Special Assessment (Maintenance), with the special 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 has further caused a certified copy of the diagram for A.D. 93-3, and will cause a copy of the special assessment to be filed in her office in the City of Bakersfield, California. 12. The Finance Director of the City is hereby designated as the Collection Officer and shall collect and receive the money paid pursuant to the special assessment. 13. The Collection officer, upon the recording of the special assessment with the County Recorder, shall cause to be mailed to each owner of real property within the area of A.D. 93-3 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, and the date of recordation of the special assessment. ORIG1N,~L 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 20th day of July, 1994, by the following vote: ABSTAIN: COUNCILMEMBERS ~;:-NT: GOUNGILMEMBER~_ APPRO '~, 0th day of July, 1994: . Mayort~f the City of Bakersfield CITY CLERK ~nd Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: Richard H. Hargrove, Counsel COUNTeRSIGNED: Bakersfield ~1~94(4002.1) 5