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
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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
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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)
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