HomeMy WebLinkAboutRES NO 78-91RESOLUTION NO. 7 8 - 9 1
A RESOLUTION ADOPTING THE ENGINEER'S
REPORT; CONFIRMING THE ASSESSMENT; AND
ORDERING THE WORK
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 90-1
(JEWETTA TRUNK SEWER/CALLOWAY CANAL RELOCATION)
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL (the
"Council") OF THE CITY OF BAKERSFIELD (the "City") AS FOLLOWS:
WHEREAS, on the 27th day of March, 1991, the Council did
adopt its Resolution of Intention No. 1078 to perform the work and
order improvements in the City and to make the costs and expenses
thereof chargeable upon an assessment district generally known as
City of Bakersfield Assessment District No. 90-1 ("A.D. 90-1"); 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 this resolution;
(b) A general description of works or appliances already
installed and any other property necessary or convenient for
the operation of the Improvement, 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 Improvement;
and of the
incidental
(d) A diagram showing the exterior boundaries of A.D. 90-1,
the boundaries of any zones within A.D. 90-1, and the lines
and dimensions of each parcel of land within A.D. 90-1 as they
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 cost and
expenses of the proposed Improvements upon the several
subdivisions of land in A.D. 90-1 in proportion to the
estimated benefits to be received by each subdivision,
respectively, from the Improvements. As to any portion or
percentage of the cost and expenses of the Improvement 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. 90-1 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; and
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 Wednesday, May 22, 1991, at the hour of 7:00 p.m., in the
regular meeting place of the Council, 1501 Truxtun Avenue,
Bakersfield, California, as the time and place for hearing protests
in relation to the proposed Improvements, the extent of A.D.90-1,
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
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WHEREAS, the Council did hear all objections and protests
to the Improvements and to the extent of A.D. 90-1, 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. 90-1
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. 90-1 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. 90-1 shall benefit by the Improvements and
shall be assessed to pay the costs and expenses thereof. The
exterior boundaries of A.D. 90-1 are more particularly described in
the Resolution of Intention, on file in the office of the City
Clerk, and are made a part hereof by reference thereto. All public
streets and highways within A.D. 90-1, in use in the performance of
a public function as such, shall be omitted from A.D. 90-1 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
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. 90-1 referred to and
described in the Resolution of Intention, and also the boundaries
and dimensions of the respective subdivisions of land within A.D.
90-1 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 Improvement upon the several subdivisions
of land in A.D. 90-1 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
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further cause a certified copy of the diagram and assessment to be
filed in her office in the City of Bakersfield, California.
13. The Treasurer 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. 90-1
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 tlhereon 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. 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 Improvement 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.
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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 22nd day of May, 1991, by the
following vote:
Peterson, Edwards, DeYmnd, Smith,
AYES: COUNCILMEMBERS: Brioni, McDermott, Salvaggio
NOES: COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTENTIONS: COUNCILMEMBERS: None
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APP~l~this 22nd day of May, 1991
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
~icnard Hargrove
BOND COUNSEL
C~OU~RS IGNED:
CITY ATTORNEY ~f the
City of Bakersfield
700370DA.R03
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