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HomeMy WebLinkAboutRES NO 168-93RESOLOTION NO. I 6 $ ' 9 3 RESOLUTION RESCINDING RESOLUTION NO. 73-93v DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICTv APPROVING MAP THEREFOR ~ DESIGNATING NAME OF ASSESSMENT DISTRICT CITY OF BAKERSFIELD 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 (the "Council") proposes to undertake proceedings for the formation of an assessment district pursuant to special assessment and assessment bond acts; WHEREAS, in furtherance of the formation of the assessment district, the Council, on May 26, 1993, adopted Resolution No. 73-93, titled, "Resolution Describing Proposed Boundaries of Assessment District, Approving Map Therefor and Designating Name of Assessment District;" WHEREAS, since the adoption of Resolution No. 73-93, the boundaries of the assessment district have changed such that the map approved by Resolution No. 73-93 is no longer accurate. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED AS FOLLOWS: 1. Resolution No. 73-93 is hereby rescinded in its entirety and is no longer of any force and effect. 2. The proposed boundaries of said assessment district to be assessed in said proceedings are hereby described as shown on a map of the assessment district on file in the office of the City Clerk of the City of Bakersfield (the "Clerk"). The map indicates by a boundary line the extent of the territory included in the proposed assessment district and shall govern for all details as to the extent of such district, reference to such map being hereby made for particulars. The map contains the name of the City of Bakersfield (the "city") and a distinctive designation in words or by number of the assessment district shown thereon, which is "City of Bakersfield Assessment District No. 93-1." 3. On the original and at least one copy of the map, the Clerk shall endorse the Clerk's certificate evidencing the date of adoption of this resolution. The Clerk shall file the original of the map in the Clerk's office and within 15 days after the ORIGINAL adoption of the resolution fixing the time and place of hearing on the formation or extent of the district and in no event later than 15 days prior to such hearing, shall file a copy of the map with the County Recorder of the County of Kern, in which all of such proposed assessment district is located. 4. The County Recorder shall endorse on the copy of the map the time and date of filing and shall fasten the same securely in a book of maps of assessment districts which he shall keep in his office. The County Recorder shall index such map by the name of the entity conducting the proceedings and by the distinctive designation of the district as shown on such map. 5. After confirmation of the assessment by the Council, the Clerk shall cause to be filed in the office of the County Recorder a copy of the assessment diagram and shall execute and record a notice of assessment in the office of the County Recorder of the County of Kern, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code. From the date of such recording, all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of ten (10) years from the date of said recordation, or in the event bonds are issued to represent said assessment, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon said bonds or of the last principal maturity thereof, whichever is longer. 6. The appropriate officer or officers of the City are hereby authorized to pay any and all fees required by law in connection with the above. ORIGINAL 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 27th day of October 1993, by the following vote: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ~t~_s 27th day of October, 1993. MAYOR ~'~th~ city of Bakersfield APPROVED AS TO FORM: BURKE, WILLIAMS & SORENSEN, Bond Counsel ~ By: Don O. Neu~eld COUNTERSIGNED: CITY ATTORNEY of th~lty/of Bakersfield ORIGINAL