HomeMy WebLinkAboutRES NO 66-00RESOLUTION NO. 6 6" 0 0
RESOLUTION APPROVING FiNAL ENGINEER'S REPORT,
LEVYING ASSESSMENTS, ORDERING IMPROVEMENTS, AND
AUTHORIZING AND DIRECTiNG RELATED ACTIONS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 99-2
(SEVEN OAKS WEST)
WHEREAS, this City Council has :accepted a petition, signed by owners of
certain real property situated in the City of Bakersfield and has directed that special assessment
proceedings be undertaken by the terms of such petition; and
WHEREAS, this Council has approved a map and adopted the boundaries shown
on such map as describing the extent of the territory included in a proposed assessment district to
be known as Assessment District No. 99-2 (Seven Oaks West), City of Bakersfield, County of
Kern, State of California; and
WHEREAS, by its Resolution of Intenttion No. 1211, adopted on March 15, 2000,
this Council has declared its intention to order improvements, as described in Exhibit A to said
resolution, to Assessment District No. 99-2 (Seven Oaks West) and to levy a special assessment
upon the land within the described assessment district, and has given notice of its intention to
issue bonds, in accordance with the Improvement Bond Act of 1915 (the "1915 Act"),
representing ali unpaid assessments; and
WHEREAS, at the direction of this Council, the Director of Public Works of the
City, as Engineer of Work for improvement proceedings in Assessment District No. 99-2 (Seven
Oaks West), has filed with the City Clerk the report prescribed in Section 10204 of the Streets
and Highway Code (the "Preliminary Engineer's Report"); and
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WHEREAS, by resolution adopted on April 12, 2000, this Council preliminarily
approved the Preliminary Engineer's Report and scheduled the required public heating as
required by law for June 14, 2000; and
WHEREAS, notice of said hearing was given to property owners by mail,
accompanied by the property owner assessment ballot, as required by law, as evidenced by the
Certificate of Mailing which has been filed with the City Clerk; and
WHEREAS, prior to the public hearing, the Director of Public Works filed with
the City Clerk a Final Engineer's Report (the "Engineer's Report") which made revisions to the
Preliminary Engineer's Report to reflect various modifications to the authorized improvement
work of the assessment district, together with related modifications of the cost estimate which
did not increase the amount assessed to any parcel of land within the assessment district; and
WHEREAS, the public heating for June 14, 2000, was conducted, and having
provided opportunity for any interested person present to be heard, the heating was closed; and
WHEREAS, this Council finds and detemfines that, for purposes of the majority
protest provisions of Section 53753 of the California Government Code, the assessment ballots
signed and returned to the City Clerk prior to the close of the public hearing on June 14, 2000,
represented one hundred percent (100%) of the amount of the proposed assessment and said
assessment ballots were all in favor of the levy of the assessments as proposed, and that therefore
there was not a majority protest; and
WHEREAS, this Council finds and determines that the proposed assessment of
the cost and expenses of the proposed improvement upon the respective parcels of land in the
assessment district, as set forth in the Engineer's', Report, represents a fair and equitable
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apportionment of such cost and expenses in proportion to the estimated benefits to be received
by each parcel, respectively, from the improvement;
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES
AND RESOLVES as follows:
1. This City Council hereby finds and determines, based upon ali of the
information known to the Council and presented in the record of these proceedings, that the
recommendations set forth in the Engineer's Report are in conformity with legal standards and
requirements and that the recommended assessment has been established in a fair and equitable
manner reflecting the estimated benefit to the respective parcels in proportion to such estimated
benefits.
2. The Engineer's Report filed by the Engineer of Work is hereby approved
by this Council without modification.
3. The proposed work and improvement, as described in the Engineer's
Report, is hereby ordered.
4. The individual assessments, in the amounts stated in the Engineer's
Report, are hereby confirmed and levied, and in accordance with Section 10312 of the Streets
and Highways Code this action is final as to all persons.
5. The assessment diagram, as set forth in the Engineer's Report, shall be
filed for record in the Office of the County Recorder for Kern County, as required by Section
3114 of the Streets and Highways Code; a notice of assessment, containing the matters required
by said Section 3114 shall be prepared, executed and recorded by the City Clerk; and notice of
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recordation of assessment shall be given by publication and by mail in the form and manner
required by Section 10404 of the Streets and Highways Code.
6. Pursuant to Section 10603 of the Streets and Highways Code, the Finance
Director is hereby designated to collect and receive t2~te cash payments from property owners on
account of the assessments levied, and upon the earlier of (a) the expiration of the prescribed 30-
day cash payment period or (b) the receipt by the Finance Director of written waivers of the
entitlement to make such cash payments executed by the owners of one hundred percent (100%)
of the property assessed, shall submit to the City Clerk a paid and unpaid list, showing payments
received and assessment amounts remaining unpaid (the "Paid and Unpaid List").
7. Following receipt of the Paid amd Unpaid List from the Finance Director,
this Council intends to proceed with authorization for the issuance and sale of limited obligation
improvement bonds (the "Bonds") pursuant to the ]improvement Bond Act of 1915 upon the
security of unpaid assessments, bearing interest at a rate not to exceed twelve percent (12%) per
annum, with the last principal installment of the Bonds to mature not to exceed twenty-four (24)
years from the second day of September next succeeding twelve (12) months from their date.
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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 June 14, 2000, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CARSON, DEMOND, MAGGARD, COUCH, t~CrWLE,% SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER Iq o ~4 ~.
COUNCILMEMBER
COUNCILMEMBER Iq ~tq ~
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 14th day of June, 2000
MA~5(~R ~£t~e City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERR1NGTON & SUTCLIFFE LLP
/
COUNTERSIGNED:
BART J. THILTGEN
City Attorney
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