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HomeMy WebLinkAboutRES NO 87-88RESOLUTION NO. 87-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING A MODIFIED ASSESSMENT ROLL, DETERMINING UNPAID ASSESSMENTS, THE MANNER OF PAYMENT THEREOF, LISTING THE BONDS TO BE ISSUED ON THE SECURITY THEREFOR, AUTHORIZING THE FILING OF AN ADDENDUM TO THE NOTICE OF ASSESSMENT AND DETERMINING THE ASSESSMENT FOR ADMINISTRATION COSTS Assessment District No. 87-3 WHEREAS, this City Council has taken proceedings under the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code (herein "CodeN), and by its Resolution No. 47-88 has confirmed an assessment, which assessment and diagram were recorded on April 7, 1988 in the office of the Superintendent of Streets and with the County Recorder of the County of Kern, and on said date, the Notice of Assessment, as prescribed in Section 3114 of said Code, was recorded with the County Recorder of the County of Kern, whereupon said assessment was attached as a lien upon the property assessed as provided in Section 3115 of said Code; and WHEREAS, subsequent to the recordation of the Assessment Roll in the Office of the Superintendent of Streets, certain modifications to assessments have been made on the Assessment Roll to reflect the deletion of the assessment on property owned by the Panama Union School District and to make adjustments because of revised financing costs, none of which increase any assessment; and WHEREAS, Section 10310.4 of the Streets and Highways Code of the State of California provides that the City Council may amend, alter, modify or correct the assessment and diagram in such manner as to it shall be final; and WHEREAS, said proceedings provided that bonds would be issued pursuant to the Improvement Bond Act of 1915, Division 10 of said Code; and WHEREAS, a list of unpaid assessments has been filed in the Office of the Treasurer of the City pursuant to Section 8620 of said Code and the Superintendent of Streets has listed all of the assessments as unpaid and that the aggregate amount of unpaid assessments is the amount of $2,883,537.22; and WHEREAS, pursuant to Section 8687 of the Streets and Higfhways Code, the Treasurer shall record an addendum to the Notice of Assessment which shall state that the recorded assessment against the identified parcel or parcels has been paid in full and that the asociated lien against those parcels has been fully discharged; and WHEREAS, the bonds proposed to be issued are in the denomination of $5,000 each, are to be dated the date of delivery to the purchaser thereof, and bear interest from their date. The first payment of interest is payable on September 2, 1988, and thereafter, the interest is payable semiannually on March 2 and September 2 of each year. Said bonds shall mature on September 2 in the amounts and years as follows: YEAR AMOUNT YEAR AMOUNT 1989 $113,537.22 1997 $195,000.00 1990 $125,000.00 1998 $210,000.00 1991 $130,000.00 1999 $225,000.00 1992 $140,000.00 2000 $245,000.00 1993 $145,000.00 2001 $260,000.00 1994 $155,000.00 2002 $285,000.00 1995 $170,000.00 2003 $305,000.00 1996 $180,000.00 WHEREAS, pursuant to Section 10204(f) of the Code, a maximum annual assessment upon each of the several subdivisions of land to pay certain administrative costs was set forth in the Final Engineer's Report; and WHEREAS, pursuant to Section 10312(a) of the Code, this City Council shall determine, by resolution, the maximum annual assessment for the purpose set forth in Section 10204(f) of the Code. NOW THEREFORE, the City Council of the City of Bakersfield DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. The modified assessment as shown on the modified Assessment Roll dated May 25, 1988 is approved and assessments in the total amount of $3,205,031.00 as shown thereon are reconfirmed and the Clerk is authorized to file said modified Assessment Roll in the office of the Superintendent of Streets. the SECTION 2. The unpaid assessments upon the security of which the bonds are to be issued are determined to be as set forth in the recitals hereof. 05/24/88 9340k/2160/08 -2- SECTION 3. Said unpaid assessments shall be payable in the manner provided in Sections 8680 et seq. of said Code and shall be payable in the manner and at the same time and in the same installments as the general taxes of the City on real property are payable. Pursuant to Section 8682 of said Code, a copy of this resolution and a copy of the list of unpaid assessments, filed in the office of the Treasurer of the City, shall be filed in the office of the County Auditor of Kern County, California. Said County Auditor shall enter in his assessment roll on which taxes will next become due the amount coming due the fiscal year covered by the applicable assessment roll pursuant to Sections 8680 et seq. of said Code. SECTION 4. Bonds representing the unpaid assessments shall be issued in the manner set forth in the recitals hereof. SECTION 5. The maximum annual assessment upon each parcel for the purposes set forth in Section 10204(f) of the Code is $100.00, plus an annual maximum 5% adjustment. The actual annual assessment shall be determined annually by the City Council. SECTION 6. The Treasurer of the City is directed to record in the office of the County Recorder, County of Kern, an addendum to the Notice of Assessment which shall state that the recorded assessments against the identified parcel or parcels have been paid in full. PASSED AND ADOPTED by the City Council of the City of Bakersfield at a regular meeting held on May 25, 1988 by the following vote: AYES'. COUNI;ILMEMOER~', (:NILOS. DeMONO, SMITH, RATTY, PETE,.~SON M~ERM. O~ ~ALVAGGIO NOES: COUNCILMEMBERS i~ 0 n e~ ABSEN] COIJNCILMEN~BERS: None ABSTAINING: COUNCILMEMBERS: None ... ATTEST:// .,.. . Clerk of the City of Bakersfield Clty Attorn Ci f Bakersfield/ /? Mayor of the City/of Bakersfield 05/24/88 9340k/2160/08 -3-