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HomeMy WebLinkAboutRES NO 95-90RESOLUTION NO. 95-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MODIFYING T~n~ ENGINEERS REPORT AND AUTHORIZING RELEASE OF ACQUISITI0~ FUNDS FOR EARLY BOND CALL. WHEREAS, pursuant to Resolution of Intention No. 1036 adopted by the City Council on February 24, 1988, the City Council declared its intention to form Assessment District No. 87-3; and WHEREAS, after a public hearing was conducted by the City Council pursuant to the Municipal Improvement Act of 1913, the City Council adopted Resolution No. 47-88 establishing Assessment District No. 87-3, making determinations, confirming assessments and ordering the proposed improvements; and WHEREAS, Assessment District No. 87-3 was divided into six zones and different improvements were scheduled to be constructed and/or acquired for the benefit of each of the zones and the assessments in each zone were levied in said zone according to the benefit to be received by the properties within that zone; and WHEREAS, the work to be constructed in Zone 6 is described on Exhibit A attached 'hereto (the "Improvements"); and WHEREAS, the owner of the property within Zone 6 was to have constructed the Improvements and the City, on behalf of Assessment District No. 87-3, was to acquire the Improvements from the proceeds of the sale of the City of Bakersfield Limited Obligation Improvement Bonds, Assessment District No. 87-3; and ~, as of this date, the work has not been completed and the City has received from the owners of all lands within Zone 6 of Assessment District No. 87-3 an affidavit declaring that they do not intend to develop the property at this time nor construct the Improvements and request that the City Council delete the work from Assessment District No. 87-3, and credit the remaining monies in the Improvement Fund allocated to the acquisition of the Improvements, after the payment of any deficiencies, the payment ORIGINAL of all expenses relating to the change of work and the refunding, to the Redemption Fund for the purpose of redeeming outstanding Assessment District No. 87-3 Bonds and retain a balance of assessments on the property within Zone 6; and WHEREAS, pursuant to Section 10352 of the Streets and Highways Code of the State of California, at any time after the improvements are ordered and during the pendency of the proceedings, the City Council may provide for the elimination of work from the assessment district although the elimination may result in the increase in some assessments provided that the owners of the property affected request in writing that the changes in work and the assessment be made; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: SECTION 1. This City Council finds and determines in reliance of the affidavit of the owners of all of the property in Zone 6 of Assessment District No. 87-3 that there is no public necessity for the acquisition of the Improvements that were to have been constructed for the benefit of Zone 6 and that the acquisition of the Improvements is eliminated from the Improvements to be acquired and/or constructed pursuant to the proceedings in Assessment District No. 87-3. SECTION 2. This City Council finds and determines that as of September 2, 1990 there will be approximately $736,350.00 in the Improvement Fund and approximately $42,380.00 in the Reserve Fund attributable to the assessments in Zone 6 that will not be needed for the acquisition. of the Improvements and that said money less money transferred to the Reserve Fund for the repayment of principal and interest paid from the Reserve Fund due to delinquencies in the payment of Zone 6 assessments, expenses, interest and penalties in connection with said delinquencies and expenses in connection with the change of work and the refunding of a portion of the Bonds in the amount of approximately $545,900.00 be transferred to the Redemption Fund for the purpose of redeeming, including the payment of the premium, a portion of the Bonds on September 2, 1990. An accounting statement marked Exhibit B is attached hereto and made a party hereof. This statement set forth as of August 31, 1990 the proposed allocation of money in the Improvement Fund, the estimated amount of the assessments to be relieved on the property in Zone 6 and the amount of the assessment to remain on said property. The actual amount to be transferred to the Reserve Fund and to the Redemption Fund and the costs and expenses attributable to this change of work and the redemption of a portion of the Bonds shall be determined by the Treasurer as of September 2, 1990. ORIGINAL SECTION 3. The Public Works Manager is authorized to modify the assessment roll on file in this office to reduce the amount of the assessments on the property within Zone 6 of Assessment District No. 87-3 to reflect the credit to be determined as set forth in this Resolution. .......... o0o .......... 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 ~UL ~ ~ 1990 by the following vote: AYES; COUNCILMEMBERS EDWAROS, OeMOND, SMITH, 8RUNNI, PETERSON, McDERMOTI', SALVAGGIO NOES; COUNCiLMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROYED JUL ~ ! 1990 CLARENCE E. MEDDER~ MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. sAA~I~LD CITY ATTgRNEY/of t,~yity of ~akersfield AS/lg Attachments 06/29/90 ASSDIS\ BONDCALL.RES ORIGINAL EXHIBIT "A" The acquisition of sewer mainlines, laterals, manholes, cleanouts, excavation, street paving, aggregate base, berm, curb and gutter, sidewalk, driveways, median curb, storm drain pipe, catch basins, outlet structures, waterline, gate valves, fire hydrants, water services, valve boxes, meter boxes, plugs, chain link fence and gates, concrete block walls, encasements, street signs and street lights, and all appurtenant work thereto within ZONE 6 generally described as follows: A 40-acre parcel of land between Berkshire Road and Hosking Road, between approximately 2,640 feet and approximately 3,300 feet East of South Union Avenue, U.S. 99, all as generally shown on the Map to which reference is hereby made for a more detailed description of the Improvements. ASSESSDI\BONDCALL.RES ORIGINAL EXHIBIT B CITY OF BAKERSFIELD ASSESSMENT DISTRICT 87-3 / ZONE 6 PROPOSED BOND CALL FOR 9/2/90 PRINCIPAL TO BE CALLED 530,000.00 BOND CALL PREMIUM (3%) 15,900.00 TOTAL CASH NEEDED FOR BOND CALL 545,900.00 CALCULATION OF MONIES AVAILABLE FOR BOND CALL IN ZONE 6 IMPROVEMENT FUND BALANCE 650,292.00 INTEREST ON IMPROVEMENT FUND THRU 4/1/90 (25% HELD FOR ARBITRAGE) RESERVE FUND CREDIT ($530,000 / $2,883,527) X $216,265 INTEREST ON RESERVE FUND(25% HELD FOR ARBITRAGE) SUBTOTAL 86,065.89 39,750.09 2,636.37 778,744.35 LESS EXPENSES: BOND CALL EXPENSES: SET UP FEE COST PER BOND $3 X (530,000/5000) (5OO.00) (318.00) COSTS OF DELINQUENCY: PRINCIPAL BILLED INTEREST BILLED 10% PENALTY 1.5% INTEREST / MONTH THRU 07/11/90 ESTIMATED ATTORNEY FEES *** *** UNDERWRITER FEE ESTIMATED CITY ADMIN COSTS *** *** COUNTY CHARGE FOR REMOVAL FROM TAX ROLL TOTAL EXPENSES CASH AVAILABLE FOR BOND CALL (64,222.05) (114,815.27) (17,900.00) (22,360.60) (7,000.00) (1,500.00) (3,500.00) (192.50) (232,308.42) 546,435.93 REMAINING ASSESSMENT BALANCE ON ZONE CREDIT TO REDEMPTION FUND FOR ZONE 6 182,121.05 535.93 AFFIDAVIT OF THE OWNERS OF PROPERTY WITHIN ZONE 6 OF ASSESSMENT DISTRICT NO. 87-3 Each of the undersigned declares under penalty of perjury that the undersigned are the owners, past and prospective, or are the holders of deeds of trust, of all of the real property in Zone 6 of the City of Bakersfield Assessment District No. 87-3. Zone 6 is more fully described on Exhibit A attached hereto and made a part hereof. We respectfully request that the City Council of the City of Bakersfield (the "City") delete the work to be done and to be acquired by the City of Bakersfield for the benefit of Zone 6 of Assessment District No. 87-3 as said work is described in the Resolution of Intention, Resolution No. 1036 of the City Council of the City of Bakersfield (the "Improvements"). We hereby notify the City that we do not intend to develop the property at this time and the Improvements are not required. We waive any obligation that the City may have incurred by the formation of Assessment District No. 87-3 or pursuant to any other agreement with the present and previous owners of said property to construct or acquire the Improvements. We further request that the amount in the Improvement Fund attributable to the acquisition of the Improvements for Zone 6 of Assessment District No. 87-3 after deducting therefrom all deficiencies, costs in connection with the change of work and the redemption of the Limited Obligation Bonds issued for Assessment District No. 87-3 (the "Bonds") be placed in the Redemption Fund to redeem a portion of the Bonds on September 2, 1990, that an amount equal to the principal amount of Bonds to be refunded from monies in the Improvement Fund be deducted as a credit on the assessments on each parcel of property within Zone 6 in the same proportion as the assessments were levied and that we agree to pay the remaining assessments on said property as the same become due as provided in the proceedings for Assessment District No. 87-3 and the Improvement Act of 1915. BERKSHIRE DEVELOPMENT, LTD., A (Current fee owner of California Limited Partnership property) By: S.W. HAIR CORPORATION, a California corporation, general partner STEPHEN W. HAIR, President ORIGINAl By: GOLDEN EMPIRE CORPORATION, a California corporation, general partner STEPHEN W. HAIR, President By: SIERRA PACIFIC REALTY, INC., a California corporation, g e ns r~. p~p ,~,t n e~ SHIRLEY A. FULLER, President BERKSHIRE ASSOCIATES LIMITED, A California Limited Partnership (Holder of 2rid Trust Deed) By: H & F PROPERTIES, a partnership, (Holder of 2nd Trust Deed) gene rg~ partner ELDON R. HUGIE, Parfner SHIRLEY A. FULLER, Partner By: SUN T~6I~ PARTNE.R$4{IP, general MICHAEL E. ~Gi~, /Pf/tng7 TRI-FANUCCHI FARMS, INC., a California corporation By CHARLES A. FANUCCHI, President (Holder of 1st Trust Deed) JOE G. FANUCCHI & SONS, a general partnership , ~E P. F~NUCCHI, Partner /~RANK FAIg~CCHI, Partner (Limited Partner In Berkshire Associates) 0182u/2160/08