HomeMy WebLinkAboutRES NO 249-05
RESOLUTION NO. 2 4 9 - 0 5
RESOLUTION APPROVING FINAL ENGINEER'S REPORT,
LEVYING ASSESSMENTS, ORDERING IMPROVEMENTS, AND
AUTHORIZING AND DIRECTING RELATED ACTIONS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 05-1
(CITY IN THE HILLS)
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. 05-1 (City in the Hills), City of Bakersfield, County of
Kern, State of California ("Assessment District No. 05-1 "); and
WHEREAS, by its Resolution of Intention No. 1384, adopted on May 25, 2005,
this Council has declared its intention to order improvements, as described in Exhibit A to said
resolution, to Assessment District No. 05-1 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. OS-I, has
filed with the City Clerk the report prescribed in Section
10204 of the Streets and Highways
« 'QI\K~?,
C> ~
:>- -
r- m
- l""-
e,) C:>
ORIGINAL
Code (the "Prelirninary Engineer's Report"); and
DOCSSFl :845823.1
40213-36 SS4
. --- .-..__._._------,.._-._._~---_.- - --_._,.__....._--_._-'--~-_.._."~-'_._.
WHEREAS, by resolution adopted on October 12, 2005, this Council
preliminarily approved the Preliminary Engineer's Report and scheduled the public hearing as
required by law for November 9,2005; 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 on November 9, 2005, 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 infonnation set forth in the Preliminary Engineer's Report,
to which revisions the owners ofthe subject parcels have consented, and which revisions did not
increase the amount assessed to any parcel of land within the assessment district; and
WHEREAS, the public hearing was conducted as scheduled on November 9,
2005, and having provided opportunity for any interested person present to be heard, the hearing
was closed; and
WHEREAS, this Council finds and detennines that, for purposes of the majority
protest provisions of Section 53753 of the California Government Code, the assessment ballots
signed and returned to the City Clerk prior to 1he close of the public hearing on November 9,
2005, 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 detennines that the proposed assessment of
the cost and expenses of the proposed improvements upon the respective parcels of land in th8< £,AK"t"
:>- ::'
DOCSSFI :845823.1 ~ J!
40213-36 SS4 2 <.J <:>
OP ('\IAIAI
.
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 parcel, respectively, from the improvements;
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES
AND RESOL YES 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.
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
DOCSSFL845823.!
402t3-36 SS4
3
(. 'òA~¢
~ 7ó'
;,.,. ~
.... rr>
- r
<.J t
OR!,...·..·I~l
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 ofthe Streets and Highways Code.
6. Pursuant to Section 10603 of the Streets and Highways 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 percent (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 ,845823.1
40213-36S54
4
~ 'òAKt1'
() <f'
>- ."
I- ñï
- r--
Q ORIGINAf
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 November 9, 2005, by
the following vote:
~
NOES:
ABSTAIN:
ABSENT:
ý""---- v- V' V v- v
CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRJVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
ft~*,
City~~Ò~
Clerk of the Council ofthe
City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
Bond Counsel
B~af¡/
COUNTERSIGNED:
VIRGINIA GENNARO
City Attorney
BY:~~~
DOCSSF\:845823.\
40213-36 SS4
5
« <ç,MIf".
o ~
>- -
>- rr>
_ r--
Q 0
ORIGINAL