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HomeMy WebLinkAboutRES NO 191-92RESOLUTION 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) RESOLVED, BY THE CITY COUNCIL (the "Council") OF THE CITY OF BAKERSFIELD (the "City") AS FOLLOWS: WHEREAS, on August 5, 1992, the Council did adopt its Resolution of Intention No. 1096 to perform the work and order improvements in the City, or the acquisition thereof, and to make the costs and expenses thereof chargeable upon an assessment district generally knownas City of Bakersfield Assessment District No. 91-1 ("A.D. 91-1"); and did refer the proposed work and improvements to the Engineer of Work for the City, he being appointed by the Council for that purpose; and WHEREAS, the Council thereby directed the Engineer of Work to make and file with the City Clerk an Engineer's Report (the "Report") in writing, in accordance with and pursuant to the provisions of the Municipal Improvement Act of 1913 of the Streets and Highways Code of the State of California (the "Act"); and WHEREAS, the Report was duly made and filed with the City Clerk, whereupon the City Clerk presented it to the Council for consideration; and WHEREAS, the Council duly considered the Report and each and every part thereof and found that it contained all the matters and things called for by the Act, including: (a) Plans and specifications of the proposed improvements to be made pursuant to the Resolution of Intention, if such improvements are not already installed; (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements; (c) An estimate of the cost of the improvements cost of lands, rights-of-way, easements, and expenses in connection with the improvements; and of the incidental (d) A diagram showing the exterior boundaries of A.D. 91-1, the boundaries of any zones within A.D. 91-1, and the lines and dimensions of each parcel of land within A.D. 91-1, as each existed at the time of the passage of the Resolution of Intention; each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, has been given a separate number upon the diagram; (e) A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in A.D. 91-1 in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvements. As to any portion or percentage of the costs and expenses of the improvements ordered to be paid out of the treasury of the City, or contributed by other governmental agencies, the amount of that portion or percentage has been first deducted from the total estimated cost and expenses of the improvements, and the assessment upon property proposed in the Report includes only the remainder of the estimated cost and expenses. The assessment refers to the subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this section; (f) A proposed maximum annual assessment upon each of the several subdivisions of land in A.D. 91-1 to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds; WHEREAS, the Council found that the Report and each and every part thereof was sufficient in every particular and preliminarily approved the Report and determined that it should stand as the Report for all subsequent proceedings under the Act, whereupon the Council, pursuant to the requirements of the Act, appointed September 16, 1992, at the hour of 7:00 p.m., in the regular meeting place of the Council, City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests in relation to the proposed improvements, the extent of A.D. 91-1, and the proposed assessments, and directed the City Clerk to give notice of said hearing as required by the Act; and WHEREAS, it appears that notices of the hearing were duly and regularly published, posted and 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 WHEREAS, the protest hearing was duly and regularly held by the Council at the time and place designated in the notices; and - 2 ORI(~!~IAL WHEREAS, the Council did hear all objections and protests to the improvements and to the extent of A.D. 91-1, and to the proposed assessment and diagram, and to the maps and descriptions, and to the Engineer's estimate of the 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 improvements were fully heard and considered by the Council and the Council has acquired jurisdiction to order the improvements and the confirmation of the diagram and assessment to pay the 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 improvements did not, at or prior to the time fixed for the protest hearing, file written protests against the proposed improvements as a whole, or against A.D. 91-1 or the extent thereof to be assessed for the costs and expenses of the improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay the costs and expenses thereof. 2. Any and all protests made either to the proposed improvements or the grades at which the work is proposed to be done or the extent of A.D. 91-1 or the amounts of the several assessments or the maps and descriptions or the acquisitions, 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. 91-1 shall benefit by the improvements and shall be assessed to pay the costs and expenses thereof. The exterior boundaries of A.D. 91-1 are more particularly described in the Resolution of Intention, on file in the office of the City Clerk, and aremade a part hereof by reference thereto. All public streets and highways within A.D. 91-1, in use in the performance of a public function as such, shall be omitted from A.D. 91-1 and from the levy and collection of the special taxes hereafter levied and collected to cover the costs and expenses of the improvements. 4. The general description of works or appliances and any other property necessary or convenient for the operation of the improvements to be constructed and/or acquired as contained in the Report, be, and are hereby, finally adopted and approved as the works or appliances called for pursuant to the Resolution of Intention. 5. The Engineer's estimate of the itemized and total costs and expenses of the improvements, and of the incidental expenses in connection therewith, as contained in the Report is - 3 ORI(31~IAL hereby finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of the improvements. 6. The maps and descriptions of the lands and easements to be acquired as contained in the Report are hereby finally approved and confirmed. 7. The public interest and convenience require, and the Council does hereby order, the improvements to be made as described in and in accordance with the Resolution of Intention, on file with the City Clerk, reference to which is hereby made for a more particular description of the improvements, and also for further particulars pursuant to the provisions of the Act. 8. The diagram showing A.D. 91-1 referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within A.D. 91-1 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 improvements. 9. The assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in A.D. 91-1 in proportion to the estimated benefits to be received by the subdivisions, respectively, from the 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 costs specified in subsection 10204(f) of the Act. 10. The Engineer's Report is hereby finally approved and adopted as a whole. 11. The City Clerk shall forthwith deliver to the City's Director of Public Works the 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 assessment roll herein. 12. The City Clerk shall further file an assessment diagram with the Kern County Recorder and shall execute and cause a Notice of Assessment, with the 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 shall - 4 OR,G further cause a certified copy of the diagram and assessment to be filed in her office in the City of Bakersfield, California. 13. The Finance Director of the City is hereby designated as the Collection Officer and shall collect and receive the money paid pursuant to the assessment. 14. The Collection Officer, upon the recording of the diagram and assessment with the County Recorder, shall cause to be mailed to each owner of real property within the area of A.D. 91-1 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, the date of recordation of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, together with a statement of the fact that bonds representing unpaid assessments and bearing interest at the rate of not to exceed twelve percent (12%) per annum will be issued hereunder pursuant to the Improvement Bond Act of 1915 of the Streets and Highways Code of the State of California. 15. The Collection Officer shall also cause a Notice of Recording of Assessment to be published in the Bakersfield Californian, a newspaper of general circulation and record within the City, stating that the assessment has been recorded and that all sums assessed thereon are due and payable immediately and that the payment of the sums is to be made within thirty (30) days after the date of recording the assessment, which date shall be stated in the notice, the effect of the failure to pay assessments within the 30-day period, and the fact that bonds will be issued upon unpaid assessments as above provided. Publication shall be made once a week for two successive weeks with at least five days intervening between the respective publication dates, not counting such publication dates. 16. Pursuant to the Municipal Improvement Act of 1913, found at Section 10100 et seq., Division 12 of the California Streets and Highways Code (the"Law") the Kern County Auditor (the "Auditor") is hereby requested and authorized to keep the record for the assessment (the "Record") showing the several installments of principal and interest on the assessment which are to be collected in each year during the term of the bonds issued in connection with the unpaid assessments for A.D. 91-1. The Auditor is further requested and authorized to annually enter in his or her assessment roll on which taxes will next become due the several installments of the assessment coming due during the year covered by the assessment roll, including interest and fees as allowed under the Law. 17. Final adoption and approval of the Report as a whole, and of the works or appliances and any other property necessary or convenient for the operation of the improvements to be constructed and/or acquired, the estimate of the costs and expenses, the maps and descriptions of the lands and easements to be acquired, the diagram and the assessment, as contained in the Report, as hereinabove determined and ordered, is intended to and shall refer and apply to the Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council. 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 30th day of September, 1992, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, McDERMOTr, SALVAGGIO NONE ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: NONE City Cl~~ mnt Ex Of~ Clerk of the Council of the City of Bakersfield APPROVED this 30th day of September 1992 MAYOR of the City of Bakersfield AP]~ROVED AS TO/FORM: Don O. Neufe~d, ~OND COUNSEL CO~TERSIGNED: CITY ATTORNEY of the //f City of Bakersfield - v 700376EF. R01 6