HomeMy WebLinkAboutRES NO 27-98RESOLUTION NO. ~ 7 ' 9 ~
RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 1159,
APPROVING FINAL ENGINEER'S REPORT, LEVYING
ASSESSMENTS, ORDERING IMPROVEMENTS, AND
AUTHORIZING AND DIRECTING RELATED ACTIONS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 97-1
(SPRING MEADOWS II/STOCKDALE HIGHWAY COMMERCIAL)
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. 97-1 (Spring Meadows II/Stockdale Highway
Commercial), City of Bakersfield, County of Kern, State of California; and
WHEREAS, by its Resolution of Intention No. 1159, adopted on June 25, 1997,
this Council has declared its intention to order improvements as described in Exhibit A to said
resolution, to Assessment District No. 97-1 (Spring Meadows II/Stockdale Highway
Commercial) 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. 97-1 (Spring
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Meadows II/Stockdale Highway Commercial), has filed with the City Clerk the report prescribed
in Section 10204 of the Streets and Highway Code (the "Preliminary Engineer's Report"); and
WHEREAS, by resolution adopted on September 10, 1997, this Council
preliminarily approved the Preliminary Engineer's Report and scheduled the required public
heating as required by law on November 5, 1997; 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, the November 5, 1997, public hearing was continued, first to
January 28, 1998, and then to March 11, 1998, to provide an opportunity for the Director of
Public Works to prepare a Final Engineer's Report which would reflect the deletion of the
Stockdale Highway Commemial area and the related improvement work from the assessment
district; and
WHEREAS, prior to the continued public hearing for March 11, 1998, the
Director of Public Works filed with the City Clerk a Final Engineer's Report (the "Engineer's
Report") which made revisions to the Preliminary Engineer's Report to reflect deletion of the
Stockdale Highway Commercial area and related improvement work from the assessment district
proceedings, together with a small decrease in the amount assessed to the property within the
assessment district; and
WHEREAS, the public hearing for March 11, 1998, was conducted, and having
provided opportunity for any interested person present to be heard, the heating was closed; and
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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
signed and returned to the City Clerk prior to the close of the public hearing on March 11, 1998,
represented one hundred pement (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 improvement 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 parcel, respectively, from the improvement;
NOW, THEREFORE, THE CITY COUNCIl, HEREBY FINDS, DETERMINES
AND RESOLVES as follows:
1. Resolution of Intention No. 1159 is hereby amended, as to Exhibit A
thereto, to conform the description of the authorized improvement work set forth in said Exhibit
A to the revised description set forth in the Engineer's Report, which reflects the deletion of the
Stockdale Highway Commemial area from the assessment district and the deletion of the
improvement work which was related to that area.
2. 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
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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.
3. The Engineer's Report filed by the Engineer of Work is hereby approved
by this Council without modification.
4. The proposed work and improvement, as described in the Engineer's
Report, is hereby ordered.
5. The individual assessments, in the amounts stated in the Engineer's
Report, are hereby confirmed and levied, and in accordance with Section 10312 of the Streets
and Highways Code this action is final as to all persons.
6. 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.
7. 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%)
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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").
8. 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, beating 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.
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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 March 11, 1998, by
the following vote:
C'ty Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SUU_IVAN, SALVAGGIO
NOES: COUNCILMEMBER ~.~'~ .. ·
ABSTAIN: COUNCILMEMBER }'~ ~.~
ABSENT: COUNC~I/vlEI~OF.R ~
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
Bond Counsel
COUNTERSIGNED:
Approved this llth day of March, 1998
MA~OR of the City of Bakersfield
CITY ATTORNEY of the
City of Bakersfield
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