HomeMy WebLinkAboutRES NO 202-94 202
RESOLUTION
NO.
RESOLUTION APPROVING FINAL ENGINEER'S REPORT, LEVYING
ASSESSMENTS, ORDERING ACQUISITION OF IMPROVEMENTS, AND
AUTHORIZING AND DIRECTING RELATED ACTIONS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 94-2
(GOSFORD/WHITE)
WHEREAS, this City Council has accepted a petition,
signed by owners of certain real property situated in the City of
Bakersfield and has directed that special assessment proceedings
be undertaken by the terms of such petition; and
WHEREAS, this Council has approved a map and adopted
the boundaries shown on such map as describing the extent of the
territory included in a proposed assessment district to be known
as Assessment District No. 94-2 (Gosford/White), City of
Bakersfield, County of Kern, State of California; and
WHEREAS, this Council has declared its intention to
order improvements to Assessment District No. 94-2
(Gosford/White) and to levy a special assessment upon the land
within the described assessment district, and has given notice of
its intention to issue bonds, in accordance with the Improvement
Bond Act of 1915 (the "1915 Act"), representing all unpaid
assessments; and
WHEREAS, at the direction of this Council, the Director
of Public Works of the City, as Engineer of Work for improvement
proceedings in Assessment District No. 94-2 (Gosford/White), has
filed with the City Clerk the report prescribed in Section 10204
of the Streets and Highway Code (the "Preliminary Engineer's
Report"); and
WHEREAS, by its Resolution No. 164-94, adopted on
October 12, 1994, this Council preliminary approved the
Preliminary Engineer's Report and scheduled two public hearings
as required by law on November 2 and December 14, 1994,
respectively; and
WHEREAS, notice of said hearings was given to property
owners by mail as required by law, as evidenced by the
Certificate of Mailing which has been filed with the City Clerk;
and
WHEREAS, the public hearing for November 2, 1994, was
an information hearing and was held by this Council and closed on
said date; and
WHEREAS, prior to the public hearing for December 14,
1994, the Director of Public Works filed with the City Clerk a
Final Engineer's Report (the "Engineer's Report") which revised
the scope of authorized improvement work, revised the estimate of
costs and expenses of the work, improvement, proceedings and
financing, and revised the assessment roll without increasing the
amount of any proposed assessment; and
WHEREAS, the public hearing for December 14, 1994, was
conducted, and having provided opportunity for any interested
person present to be heard, the hearing was closed; and
WHEREAS, this Council finds and determines that, for
purposes of the majority protest provisions of Section 10311 of
the California Streets and Highways Code (the "Code"), there were
therefore, there is not a
no written protests received and,
majority protest; and
WHEREAS, this Council finds and determines that the
proposed assessment of the cost and expenses of the proposed
improvement upon the respective parcels of land in the assessment
district, as set forth in the Engineer's Report, as Exhibit A
thereof, represents a fair and equitable apportionment of such
cost and expenses in proportion to the estimated benefits to be
received by each parcel, respectively, from the improvement~
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS,
DETERMINES AND RESOLVES as follows:
1. The Engineer's Report filed by the Engineer of
Work is hereby approved this Council without modification.
2. The proposed work and improvement, as described in
Section II of the Engineer's Report, is hereby ordered.
3. The individual assessments, in the amounts stated
in Exhibit A of the Engineer's Report are hereby confirmed and
levied, and in accordance with Section 10312 of the Code this
action is final as to all persons.
4. The assessment diagram, as set forth in Appendix B
of the Engineer's Report, shall be filed for record in the Office
of the County Recorder for Kern County, as required by Section
3114 of the Code; that a notice of assessment, containing the
matters required by said Section 3114 shall be prepared, executed
and recorded by the City Clerk; and that notice of recordation of
assessment shall be given by publication and by mail in the form
and manner required by Section 10404 of the Code.
5. Pursuant to Section 10603 of the Code, the Finance
Director is hereby designated to collect and receive the cash
payments from property owners on account of the assessments
levied, and upon expiration of the cash payment period
prescribed, shall submit to the City Clerk a paid and unpaid
list, showing payments received and assessment amounts remaining
unpaid (the "Paid and Unpaid List").
6. Following receipt of the Paid and Unpaid List from
the Finance Director, this Council intends to proceed with
authorization for the issuance and sale of limited obligation
improvement bonds (the "Bonds") pursuant to the 1915 Act upon the
security of unpaid assessments, bearing interest at a rate not to
exceed twelve percent (12%) per annum, with the last principal
installment of the bonds to mature nineteen (19) years from the
second day of September next succeeding twelve (12) months from
their date.
I HEREBY CERTIFY that the foregoing resolution was
passed and adopted by the Council of the City of Bakersfield at a
4
regular meeting thereof held on December 14, 1994, by the
following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEmBERS
ABSTAIN: COUNCILME~F2]~R
ABSENT: COUNCILMEmBERS
DEMOND, CARSON, S~ITH, M~T, ROWLES; ..... , SALVAGGIO
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 14th day of December,
MAYOR ~/
of th~i~y of Bakersfield
1994
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE
COUNTERSIGNED:
TORNEY of the ~'~ ~3~
City of Bakersfield ~