HomeMy WebLinkAboutRES NO 123-91RESOLUTION NO. 1 2 ~ - 9 1
RESOLUTION AMENDING RESOLUTION 99-91 AND
ACCEPTING WAIVER OF PROPERTY OWNERS TO
CHANGES IN ASSESSMENTS AND ORDERING A
CHANGE AND MODIFICATION TO THE
SCOPE OF WORK AND ASSESSMENT
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 90-1
(JEWETTA TRUNK SEWER/CALLOWAY CANAL RELOCATION)
RESOLVED, by the City Council of the City of Bakersfield,
California, that:
WHEREAS, on June 5, 1991, this Council did adopt
Resolution No. 99-91, titled, "Resolution Determining Unpaid
Assessments And Providing For Issuance Of Bonds And Amending
Resolution of Intention No. 1078" (the "Resolution of Issuance");
and,
WHEREAS, the proposed sanitary sewers and facilities for
Assessment District No. 90-1 (the "District") cannot be implemented
without proper environmental actions based upon the availability of
the land to use and benefit from the sanitary sewers and
facilities, and payment of associated fees and expenses, including
but not limited to those fees required under the Williamson Act;
and
WHEREAS, the fees and expenses of the Williamson Act were
not included in the original scope of work and assessment for
Assessment District No. 90-1 as approved by the Council; and
WHEREAS, the fees required by the State of California
under and pursuant to the Williamson Act must be paid in order to
proceed with the District improvements and all the owners of all
the property to be charged such fees have consented to payment and
to an increase in assessment therefor; and
WHEREAS, the Engineer of Work has filed with the City
Clerk an Engineer's Report on Proposed Changes on Scope of Work and
Asessments for Assessment District No. 90-1, proposing changes and
modifications to the scope of work and increasing the assessment to
cover such fee plus the affected increase in incidental costs of
issuing the Bonds in the increased amount resulting therefrom; and
WHEREAS, such changes in the scope of work and assessment
require amendment of the Resolution of Issuance.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND
ORDERED AS FOLLOWS:
1. All the owners of all the property to be charged
with the Williamson Act fee have consented to payment thereof and
to an increase in their respecitive assessment therefor by filing
with the City Clerk a written letter of consent. Such written
consents waive the requirement of a public hearing to consider the
increase in the assessments and the City is authorized to
immediately take all actions considered herein.
2. The Engineer's Report on Proposed Changes on Scope
of Work and Asessments for Assessment District No. 90-1, as filed
with the City Clerk, is hereby approved, and the changes and
modifications proposed therein are hereby ordered to be taken;
reference to said report is hereby made for further particulars.
3. The amount of unpaid assessments
Section 2 of the Resolution of Issuance is hereby
$4,028,000 to $4,412,000.
identified in
increased from
4. The aggregate principal amount of Bonds to be issued
as identifed in Section 3 of the Resolution is hereby increased
from $4,028,000 to an amount not to exceed $4,412,000.
5. The amount of proceeds from the sale of the Bonds to
be transferred from the Improvement Fund to the Reserve Fund, as
set forth in Section 11 of the Resolution of Issuance, is hereby
increased from $402,800 to an amount not to exceed $441,200.
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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 19th day of June, 1991,
by the following vote:
Peterson, Edwards, DeMond, Smith,
AYES: COUNCILMEMBERS: Brunni, MgDermott, Salvaggio
NOES: COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTENTIONS:
COUNCILMEMBERS: None
/?~,s7~,? City Clerk and Ex Off~o
Clerk of the Council ~f the
City of Bakersfield
APPROVED this 19th day of June, 1991.
MAYOR of the City of Bakersfield
COUNTERS I GNED:
APPROVED AS TO FORM:
Richard Hargro~
BOND COUNSEL
AP~.~D AS TO FORM:
CITY ATTORNEY of the
City of Bakersfield
700370DA.RSA
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