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HomeMy WebLinkAboutRES NO 30-93RESOLUTION NO., A RESOLUTION AUTHORIZING DEFEREAL OF ASSESSMENT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 91-1 (HOSKING TRUNK SEWER) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY OF BAKERSFIELD (the "City") as follows: WHEREAS, Resolution No. 191-92, A Resolution Adopting the Engineer's Report, Confirming the Assessment; and Ordering the Work, city of Bakersfield Assessment District No. 91-1 (Hosking Trunk Sewer) (the "Resolution") was approved and adopted by the City Council of the city of Bakersfield on September 30, 1992; and WHEREAS, said Resolution confirmed assessments on various properties within the boundaries of City of Bakersfield Assessment District No. 91-1 (the "District") and a Notice of Assessment was filed with the County of Recorder of the County of Kern on October 1, 1992, affecting the properties within the boundaries of said District; and WHEREAS, said assessments were to be paid in cash by November 2, 1992, or bonds would be issued against said assessments; and WHEREAS, assessments remain unpaid and bonds have been issued therefor and the installments of principal and interest are to be collected to be paid in semi-annual installments on the tax roll of the County of Kern; and WHEREAS, pursuant to the Municipal Improvement Act of 1913, the City Council of the city of Bakersfield (the "City Council") may determine by resolution to allow landowners to defer payments of their assessments; and WHEREAS, 80 percent or more of the area has development entitlements permitting development of facilities that are using, or will use when in place, the facilities being constructed pursuant to the District proceedings; and WHEREAS, Assessor's Parcel No. 373-060-22-00-1 (As~B~ss- ment No. 100) owned by Gordon B. Slater, Jr., does not currently have approved development entitlements that impact the use of the sewer facilities to be installed by the District but the parcel size and zoning under the assessment formula requires a benefit ORIGAIAL assessment in excess of 30 times the average residential lot assessment and the current R-2 zoning is substantially less. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: 1. The portion of the assessment representing the increase from R-2 to R-3 land use is the amount of $9,162.98 (herein the "Deferred Assessment") and currently a part of the payments due for the installment of assessment to be collected with the County of Kern tax billings due December 10, 1993, and April 10, 1994, on said Assessment No. 100 (the "Parcel") are deferred and the Deferred Assessment payments will and can be made from the available funds of the District, including but not limited to interest earnings and unexpended proceeds. 2. If the City authorizes by parcel map, site plan approval, building permit, rezoning at the request of the property owner of the Parcel or any other development entitlement, or if the Parcel is transferred, the Deferred Assessment shall be due and payable, including interest at the rate applicable to prime rate at time of development entitlement (but in no event to exceed twelve percent 12%) plus applicable bond call premium. 3. At any regular meeting of the City Council occurring after April 10, 1994, and prior to June 30, 1994, the owner of the Parcel may ask to have the Deferred Assessment payments due in the fiscal year 1994/1995 of the City of Bakersfield deferred providing there is no change in the status of use or development of the Parcel. Approval of such deferral is at the sole discretion of the City Council and any and all such extensions of deferral shall not extend beyond one year for any such extension given. Deferral requests must be sought and given on an annual basis. 4. In any event, the amount of the Deferred Assessment, including the aforesaid interest, shall be due and payable whenever the Parcel is transferred or at the time of the last maturity of the Bonds issued under the proceedings for the District. III III III III -2- 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 3rd day of March, 1993, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: EDWARDS, DEMOND, SlqlTH, BRUNNI, KANE, MCDERIZOF~, SALVAGGIO NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE City Clerk and Ex O~ficio~ Clerk of the Council of the City of Bakersfield APPROVED this 3rd day of March. 19~3 MAYO~o~Z~Clt~y of Bakersfield APPROVED AS TO FORM: JACKSON HARGROVE EMERICH PEDREIRA & NAHIGIAN, Bond Counsel By: Richard H. Har~rove COUNTERSIGNED: 700376RH. R01 -3- ORIGINAL