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HomeMy WebLinkAboutRES NO 278-04RESOLUTION NO. 2 7 8 ' 0 4 RESOLUTION APPROVING FINAL ENGINEER'S REPORT, LEVYING ASSESSMENTS, ORDERING IMPROVEMENTS, AND AUTHORIZING AND DIRECTING RELATED ACTIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-1 (COUNTRYSIDE/THE HOMESTEAD/CHERRY HILL/OLIVE PARK III) 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. 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park III), City of Bakersfield, County of Kern, State of California ("Assessment District No. 04-1"); and WHEREAS, by its Resolution of Intention No.1336, adopted on May 26, 2004, this Council has declared its intention to order improvements, as described in Exhibit A to said resolution, to Assessment District No. 04-1 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 all 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. 04-1, has DOCSSF h773117.1 4021%33 SS4 ORIGINAL filed with the City Clerk the report prescribed in Section 10204 of the Streets and Highways Code (the "Preliminary Engineer's Report"); and WHEREAS, by resolution adopted on August 18, 2004, this Council preliminarily approved the Preliminary Engineer's Report and scheduled the public hearing as required by law for October 6, 2004; 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 various minor revisions to the information set forth in the Preliminary Engineer's Report, to which revisions the owners of the subject parcels have consented, and which revisions did not increase the amount assessed to any parcel of land within the assessment district; and WHEREAS, due to delays in processing final maps which support the parcel configurations set forth in the Engineer's Report, on October 6, the public hearing was continued for two weeks to October 20; and WHEREAS, the public hearing was conducted as continued on October 20, 2004, and having provided opportunity for any interested person present to be heard, the hearing was closed; and WHEREAS, this Council finds and determines that, for purposes of the majority protest provisions of Section 53753 of the California Government Code, the assessment ballots 40213-33 SS4 2 OF~IGINAL signed and returned to the City Clerk prior to the close of the public hearing on October 20, 2004, 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 improvements upon the respective parcels of land in the assessment district, as set forth in the Engineer's Report, represents a fair and equitable apportionment of such cost and expenses in proportion to the estimated benefits to be received by each pamel, respectively, from the improvements; NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. This City Council hereby finds and determines, based upon all 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 improvements, as described in the Engineer's Report, are hereby ordered. DOCSSF1:773117.1 40213-33 SS4 3 ORIGINAL 4. The individual assessments, in the amounts stated in the Engineer's Report, are hereby confirmed and levied, and this action is final as to all persons, in accordance with Section 10312 of the Streets and Highways Code. 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 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 Highxvays Code, the Finance Director is hereby designated to collect and receive the 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 pement (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 and 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. DOCSSF1:773117.1 40213-33 SS4 4 ORIGINAL 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 October 20, 2004, by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CARSON, BENIiAM, MAGGARD, COUCH, HANSON, SULLIVAN, SA LVAGGIO City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: ORRICK, HERR1NGTON & SUTCLIFFE LLP COUNTERSIGNED: ViRGINIA GENNARO City Attorney DOCSSF1:773117.1 40213-33 SS4 5 ORIGINAL