HomeMy WebLinkAboutRES NO 56-00RESOLUTION NO. 5 6 ' 0 0
A RESOLUTION AUTHORIZING A PARTIAL
DEFERRAL OF ASSESSMENT (ASSESSMENT
DISTRICT NO. 91-1, HOSKING TRUNK
SEWER) - Ward 7.
WHEREAS, Resolution No. 191-92, entitled "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 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 therefore 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 pement or more of the area has development entitlements permitting
development of the facilities that are using, or will use when in place, the facilities that were
constructed pursuant to the District proceedings; and
WHEREAS, Assessor's Parcel No. 515-110-13-00-3 (Assessment No. 100) owned
by Roy Degeer, does not currently have approved development entitlements that impact the
use of the sewer facilities installed by the District but the parcel size and zoning under the
assessment formula require a benefit assessment in excess of 30 times the average
residential lot assessment and the current R-2 zoning is substantially less; and
WHEREAS, In prior years, the Council has deferred a portion of the assessment due
on Assessment No. 100 (the "Parcel") as evidenced by Council Resolution Nos. 30-93, 135-
95, 156-95, 77-96, 78-97, 71-98 and 63-99; and
WHEREAS, the Council wishes to defer that portion of the assessment representing
the difference between R-1 and R-3 zoning.
OFA'~NAL
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The portion of the assessment representing the increase from R-1 to R-3 land
use through the 2000 - 2001 tax year including principle and interest is $10,609.59 (herein
the "Deferred Assessment"). Payments for the installment of assessment to be collected
by the City Finance Department due December 10, 2000, and April 10, 2001, on said
Assessment No. 100 in the amount of $1,396.18 are hereby deferred. Said deferred
payment 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 total 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. Notwithstanding the terms of paragraph 2, the owner of the parcel may
construct one single family residence on the Pamel without causing the total deferred
assessment to become due and payable.
4. At any regular meeting of the City Council occurring after April 10, 2001 and
prior to June 30, 2001, the owner of the Parcel may request that, for fiscal year 2001/2002,
the Council continue the deferment of the amount previously 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.
5. in any event, the amount of the Deferred Assessment, including the aforesaid
interest, shall be due and payable whenever the pamel is transferred or at the time of the
last maturity of the Bonds issued under the proceedings for the District.
.......... 000 ..........
-2-
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on JUN 1 ~: 2000
by the following vote:
AYES:
NQES:
ABSTAIN:
ABSENT:
APPROVED
COUNCILMEMBERCARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER I"~N~,,,,
CITY CLERK and EX OFFICI(~/'(~f the
Council of the City of Bakersfield
JUN 1
BOB PRIC~ ~/// ~
MAYOR or'he City of Bakersfield
APPROVED AS TO FORM:
By:
BART J. THILTGEI~ '~
CITY ATTORNEY of the
City of Bakersfield
RMS/jas
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--May 31, 2000
-3-
Atm. City Clerk,
Roy Degeer
3101 Tomlin$on St.
Bakersfield, CA
93313
(661) 834-3672
Re; Resolution No. 30-93 Assessment Deferrment
Parcel No. 373-060-22-00-1
In connection with above referrenced resolution I am hereby tendering
my request to have the deferrment extended another year as per the
requirements of the resolution. Please make certain this comes before the
council during the month of May '00.
Sincerely,
~ Dege~r