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
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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
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ORIGINAL