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HomeMy WebLinkAboutRES NO 182-87RESOLUTION NO. 182-87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN APPROVE THE TAKING OF CERTAIN PROCEEDINGS PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 Assessment District NO. 87-3 WHEREAS, the City Council of the City of Bakersfield is contemplating certain work under the provisions of the Municipal Improvement Act of 1913 within the County of Kern; and WHEREAS, a portion of the project and a portion of the property proposed to be assessed for said work is located in unincorporated tezritory of the County of Kern; and WHEREAS, pursuant to the Municipal Improvement Act of 1913, the consent of the Board of Supervisors of the County of Kern is required for the above proceedings, NOW, THEREFORE, the City Council of the City of Bakersfield DOES HEREBY RESOLVE as follows: SECTION 1. The proceedings proposed to be taken and the work proposed to be performed are all as described in the proposed resolution of intention, which resolution is entitled "Resolution of the City Council of the City of Bakersfield Declaring Its Intention to Order the Acquisition of Certain Property and the Construction of Certain Improvements and to Form Assessment District No. 87-3 and Making Certain Findings and Determinations in Connection Therewith." SECTION 2. The proposed boundaries of said Assessment District No. 87-3 consisting of non contiguous areas are shown. on maps thereof which indicate by boundary lines the extent of the territory proposed to be included in said Assessment District No. 87-3, which maps are attached hereto as Exhibit A. SECTION 3. The Board of Supervisors of the County of Kern is requested to approve the initiation of said proceedings and the assumption of jurisdiction with respect thereto by the City of Bakersfield as to that portion of Assessment District No. 87-3 located within County of Kern territory. The City Council requests that such approval be granted with the understanding that the City Council may make adjustments in the boundaries of Assessment District No. 87-3 and to make such changes in the Resolution of Intention as may be necessary and desirable to carry out the purpose of the proceedings. SECTION 4. The City Clerk of the City of Bakersfield hereby is authorized and directed to transmit a certified copy of this Resolution, together with copies of the proposed Resolution of Intention and the maps designated in the boundaries of Assessment District No. 87-3, to the aforesaid Board of Supervisors. ADOPTED, SIGNED AND APPROVED this 23rd day of September · 1987 by the following vote: AYES: CO~;q'?.[ ~[ ?C.2;iS E!Hi ['S, C~tRIS[E!:,S[N, S~I~Tr], RATr'(, fXO(3,'iE, D,.CKE[~.N, SALVAGGIO NOES: CO?~C:; ABSENT OOUh ABSTAIN{NG: COUNC~LUEMHERS: ATTEST: MAYOR of the City of B~kersfield Clerk of the City of Bakersfield APPROVED AS TO FORM: CITY ATSMgRNEY of'the City of Bakersfield 6733k/2160/008 -2- ' GREEN ACRES PUMPKIN ANAMA CENTER 8 ri AC T ..J I I I __ [~¢ PALM / ; AVENUE rCDUNTY ~O~D ~0 8 "' 7 " 6 -' 5 ~1 4 '/ NOT A PART if 68 ~! :~ 69 ......... 3E °'" 37 °'" 36 °'" 35 o" 40 '" 39 TRACT NO. 4-908 CONTAINING 40.00 ACRES-73 LOTS ,, N -%. LEGENI) EXllI BIT "A" F.X ISTING SEWER PI~OPOSIiD S EW['U~ D ISTRICi' BOUNDARY EXCI,/IDlil) AREA (CURRENTI, Y CONNECI'ED TO CITY SEWEll.'] g~i'~aF coua~ 44 KENNEDY TRU~,MN · · ~' Pt A NZ 1 r ROAI '.', LEGI!NI) liX ISTING SI~IqER I~RO POSID SEIZER IJI S'I'I~ [ CT ]~OUNI)ARY E;,qlIBIT "A" ~ ][,A N ]UI,~ ©dle ,, PAR~ EL I,IAF LE(;END EXISTING S I:.WE P, PI~.O POSI;D SE~/ER DISTRICT BOUNDARY EX]1I BIT "A" G ~Te-IO BERKSHIRE FARM TRACT 74-4 SCHOOL DI$'[ ~'4'-./,.,q ,7e-lO PAt.~SEL ~AP DRAFT RESOLUTION OF INTENTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 87-3 AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Bakersfield (hereinafter the "City") proposes to take proceedings pursuant to the provisions of Chapter 13.08 of the Municipal Code and the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of the State of California (herein referred to as the "Act"), for the construction of certain wastewater improvements, appurtenances, and appurtenant work in connection therewith in certain streets, alleys, and other public easements (herein collectively referred to as the "Improvements"); and WHEREAS, it appears to the City Council that an assessment district should be formed to finance the construction of said Improvements under the provisions of the Act; and WHEREAS, the owners of more than sixty percent (60%) in area of the property subject to assessment for said proposed Improvements have signed and filed with the City Clerk a written petition for said Improvements and waiver of the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; and WHEREAS, before ordering the Improvements, the City Council is required, under the Act, to adopt a resolution declaring its intention to do so; NOW, THEREFORE, the City Council of the City of Bakersfield DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. The City Council finds that there is a public necessity for the acquisition of certain property and the construction of the Improvements, and further finds that the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as set forth above, do not apply to this assessment proceeding. SECTION 2: The proposed boundaries of the Assessment District are as shown on the map attached hereto and incorporated herein. SECTION 3. The property improvements which the City Council intends to construct generally include the following: [The Improvements are shown on the Map and will be generally described in this Section] , all as generally shown on the Map to which reference is hereby made for a more detailed description of the Improvements. SECTION 4. The public interest and necessity require the construction of the Improvements, and the Improvements will be of direct benefit to the properties and land within the Assessment District. The City Council hereby declares its intention to order the construction of the Improvements, to make the expenses thereof chargeable upon the area included within the Assessment District, and to form the Assessment District. SECTION 5. The Public Works Manager is hereby appointed to perform all of the duties and functions of the Superintendent of Streets and Engineer of Work, as said duties are specified and designated in the Act. SECTION 6. The proposed Improvements are hereby referred to the Engineer of Work, and he is hereby authorized and directed to make and file with the City Clerk a written report with regard thereto, which report shall comply with the requirements of Section 10204 of the Code a~d shall contain the following: Plans and specifications for the Improvements. The plans and specifications do not need to be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the report as a combined document; 09/09/87 6838k/2160/08 -2- (b) (c) A general description of the works or appliances already installed and any other property necessary or convenient for the operation of the Improvements, if the same are to be acquired as part of the Improvements; An estimate of the cost of the Improvement and of the land, rights-of-way, easements and incidental expenses in connection with the Improvements, including any cost of registering bonds; (d) A diagram showing the Assessment District and the boundaries and dimensions of the subdivisions of land therein as they existed at the time of the passage of! the resolution of intention, all of the following: 1. The Exterior boundaries of the assessment district. 2. The boundaries of any zones within the district. 3. The lines and dimensions of each parcel of land within the District. Each subdivision, including each separate condominium interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels; and (e) A proposed assessment of the total amount of the cost and expenses of the Improvements upon the several subdivisions of land within the Assessment District in direct proportion to the estimated benefits to be received by such subdivisions, respectively, from the Improvements (such assessment shall refer to the various subdivisions of land by the respective numbers assigned as provided in (d) above). SECTION 7. Notice is hereby given that serial bonds to represent unpaid assessments, and to bear interest at the rate of not to exceed twelve percent (12%) per annum, will be issued hereunder in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment of such bonds shall mature fifteen years from the second day of September next succeeding 12 months from their date. 09/09/87 6838k/2160/08 -3- SECTION 8. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and that the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that is equal each year, except for the moneys falling due on the first series of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. SECTION 9. The provisions of part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. Such bonds shall be serviced and collected by the City Treasurer or by such registrar and/or paying agent(s) as the City Council may from time to time designate. SECTION 10. Bonds to be issued as herein provided may be refunded under specific conditions by further resolutions of the City Council. The City Council may refund the bonds on the conditions to be set forth in said resolutions at a maximum interest rate not to exceed 12% per annum and to not to exceed fifteen years from the second day of September next succeeding 12 months from the from the date of the bonds. SECTION 11. A penalty of 2 percent per month of the total amount of the delinquent installment shall be added to the delinquent installment after the close of business on the delinquency date and an additional penalty of 2 percent of the amount of the delinquency shall be added at the beginning of business on the 10th day of each succeeding month until that delinquent installment and all penalties thereon are fully paid. This penalty shall be in lieu of all other penalties assessed by other provisions of law. The City Treasurer or the designated paying agent shall collect the penalties with and as a part of the delinquent installments and all penalties collected shall be deposited in the redemption fund. SECTION 12. Except as specifically otherwise provided for herein, the Improvements shall be made and ordered pursuant to the provisions of the Act. SECTION 13. Any surplus remaining in said Improvement Fund following the acquisition of the Improvements shall be used as a credit upon the assessment and upon any supplemental assessment in the manner provided for in the Act; provided that the City Council may transfer to the General Fund of the City an amount which shall not exceed the lesser of $1,000 or 5 percent of the original amount of said Improvement Fund. 09/09/87 6838k/2160/08 -4- SECTION 14. The City Council does hereby determine that the City is not obligated to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. SECTION 15. Pursuant to the provisions of the authority granted by the Act, the City Council does hereby determine and declare that, in its opinion, the public interest will not be served by allowing the property owners to take any contract to be let under this proceeding and the property owners will not be allowed or permitted to take such contract. SECTION 16. All public property within the Assessment District in use in the performance of a public function shall be omitted from assessment unless specific provision to the contrary is made. PASSED AND ADOPTED by the City Council of the City of Bakersfield at a regular meeting held on Mayor of the City of Bakersfield (SEAL) ATTEST: Clerk of the City of Bakersfield APPROVED AS TO FORM: CITY ATTORNEY of the City of Bakersfield 09/09/87 6838k/2160/08 -5- STATE OF CALIFORNIA ) ) SSo COUNTY OF KERN ) I, , City Clerk of the City of Bakersfield, do hereby certify that the foregoing resolution was duly adopted by the City Council of said City at a regular meeting of said City Council held on the __ day of , 1987, and that it ws so adopted by the following vote: AYES: NOES: ABSENT: City Clerk of the City of Bakersfield (SEAL) STATE OF CALIFORNIA ) COUNTY OF KERN ) I, , City Clerk of the City of Bakersfield, do hereby certify that the above and foregoing is a full, true and correct copy of RESOLUTION No. , of said City Council, and that the same has not been amended or repealed. DATED: , 1987 City Clerk of the City of Bakersfield 09/09/87 6838k/2160/08 -6-