HomeMy WebLinkAboutRES NO 228-87RESOLUTION NO. 228-87
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD, CALIFORNIA, CONFIRMING THE
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE,
TOGETHER WITH APPURTENANCES, AND APPROVING
THE ENGINEER'S "REPORT"
WHEREAS, the CITY COUNCIL of the CITY OF BAKERSFIELD, CALIFORNIA, did, on the 30th
day of September, 1987, adopt its Resolution of Intention for the construction of
certain public works of improvement, together with appurtenances and appurtenant
work, including acquisition where appropriate, in a special assessment district
known and designated as ASSESSMENT DISTRICT NO. 86-1 (PANOP~2~A NIGHLANDS) (herein-
after referred to as the "Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention, a "Report", as therein provided,
was presented, considered and approved; and,
WHEREAS, said "Report", as preliminarily approved, contained all the matters and
items called for by law and as pursuant to the provisions of the "Municipal Improve-
ment Act of 1913", being Division 12 of the Streets and Highways Code of the State
of California, including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of ~ssessment District;
4. An assessment according to benefits;
5. A descriptisn of the works of improvement.
and,
WHEREAS, all protests have been heard and considered, and a full hearing has been
given, all in the manner provided by law; and,
WHEREAS, notices of said hearing were duly and regularly posted, mailed and
published in the time, form and manner required by law and as evidenced by affida-
vits on file with the transcript of these proceedings; and,
WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the
project did not file writt,sn protests against the said proposed improvements and
acquisition where appropriate, and this legislative body did, after providing a full
hearing, overrule and deny all protests and objections; and,
WHEREAS, this legislative body is now satisfied with the assessment and all matters
contained in the "Report" as now updated and submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2.
That the "Report", as now updated and submitted, consisting of the
assessment and diagram for the improvements, together with appurte-
nances and appurtenant work in connection therewith, including acquisi-
tion where appropriate, is hereby confirmed.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
That the public interest and convenience require the proposed improve-
ments to be made, and therefore it is hereby ordered that the work to
be done and improvements to be made, together with appurtenances and
appurtenant work in connection therewith, including acquisition where,
appropriate, in said Assessment District, as set forth in the Resolu-
tion of Intention previously adopted and as set forth in the "Report"
presented and considered, and as now submitted.
That the assessment contained in said "Report" is hereby levied upon
the respective subdivisions of land in the Assessment District as set
forth in said "Report".
That is hereby further determined that all properties within the
boundaries of the Assessment District receive a local and direct
benefit from the works of improvement as proposed for said Assessment
.District, and it is hereby further determined and declared that all
assessable costs and expenses have been apportioned and spread over the
properties within the boundaries of the Assessment District in direct
proportion to the benefits received thereby.
That the Engineer's method of spread and apportionment of all costs is
hereby approved and adopted as being a correct and proper apportionment
and distribution of all assessable costs for these works of
improvement.
That the City Clerk shall forthwith deliver to the Superintendent of
Streets the said assessment, together with the diagram attached thereto
and made a part thereof, as confirmed, with his certificate of such
confirmation attached and the date thereof; and that said
Superintendent of Streets shall then immediately record said diagram
and assessment in his Office in a suitable book to be kept for that
purpose and attach thereto his certificate of the date of such
recording.
That said Superintendent of Streets, upon the recording of said diagram
and assessment, shall mail to each owner of real property within the
Assessment District at his last known address, as the same appears on
the tax rolls of the County or on file in the Office of the City Clerk,
or to both addresses if said address is not the sams, or to General
Delivery when no address so appears, a statement containing a designa-
tion by street number or other description of the property assessed
sufficient to enable the owner to identify the same, the amount of the
assessment, the time and place of payment thereof, the effect of
failure to pay within such time, and a statement of the fact that bonds
will be issued on unpaid assessments pursuant to the "Improvement Bond
Act of 1915".
That said Superintendent of Streets shall also give notice by publish-
ing a copy of a notice of recording of assessment in the newspaper
previously selected to publish all notices as provided by law, giving
notice that said assessment has been recorded in his Office, and that
all sums assessed thereon are due and payable immediately, and that the
payment of said sums is to be made within thirty (30) days after the
date of recording the assessment, which date shall be so stated in said
notice, and of the fact that securities will be issued upon unpaid
SECTION 10.
SECTION ll.
SECTION 12.
Upon confirmation of the assessments and recordation of the assessment
roll and diagram, s certified copy of the assessment diagram shall be
immediately filed in the Office of the County Recorder. Immediately
thereafter, a copy of the notice of assessment shall be recorded in the
Office of the County Recorder in the manner and form as set forth by
law and specifically Section 3114 of the Streets and Highways Code of
the State of California.
That the Trea~urer is hereby authorized and directed to establish a
special fund account to be known as the IMPROVEMENT FUND, and desig-
nated by the nsme of this Assessment District, into which fund shall be
paid all payments to be received upon said assessment, and the proceeds
of the sale of bonds to be issued representing unpaid assessments.
That the Treasurer is hereby further authorized to establish a SPECIAL
RESERVE FUND, into which the designated amount shall be transferred and
held in trust for the bondholders and used to assist final discharge by
any payment by property' owners within the boundaries of the Assessment
District.
APPROVED and ADOPTED this
ATTEST:
CITY CLERK
CITY OF BAKERSFIELD
STATE OF CALIFORNIA
/ F~ DIRECTOR
C~f OF BA~RSF~mr~,D
STATE OF ~~
2nd day of December
, 1987.
~.¥OR
CITY OF S~HS~IE~
STATE O~ CALIfORNiA
STATE OF CALIFORNIA
COUNTY OF KERN
CITY OF BAKERSFIELD
I, CAROL WILLIAMS, CITY CLERK of the CITY OF BAKERSFIELD, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No. 228-87 , was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the regular meeting of said City Council
held on the 2nd day of Decerfiber , 1987, and that the same was
passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL'MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Childs, DeMond, Smith, ~atty, Peterson, Salvaggio
None
McDermott
ABSTAIN: COUNCIL MEMBERS None
EXECUTED this 2nd day ¢,f ~c~lber
, 1987, at Bakersfield, California.
CITY CLERK
CITY OF BAKERSFIELD
STATE OF CALIFORNIA