HomeMy WebLinkAboutRES NO 31-98 RESOLUTION NO.. 1 - 9 8
RESOLUTION GIVING PRELIMINARY APPROVAL TO THE
REPORT OF THE ASSESSMENT ENGINEER AND
APPOINTING A TIME AND PLACE FOR PUBLIC HEARING
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-2
(ALLEN ROAD TRUNK SEWER)
WHEREAS, the City Council of the City of Bakersfield (the "City") is considering the
formation of an assessment district, pursuant to the City Charter, Chapter 13.08 of the Municipal
Code and the Municipal Improvement Act of 1913, being Division 12 (commencing with Section
10000) of the California Streets and Highways Code, for the construction of certain public works
and improvements generally described as follows:
The construction of improvements consisting of sewer pipelines, including
manholes, canal and river crossings, connections to existing sewers and
appurtenances thereto and engineering fees within the boundaries of the proposed
assessment district and within the public right-of-way or public easement areas,
together with incidental costs and costs of issuing assessment bonds all tbr the
benefit of the land within the boundaries of CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-2 (ALLEN ROAD TRUNK SEWER)
(the "Improvements");
WHEREAS, the lands to be specially assessed for the Improvements shall be included
within an assessment district designated as
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-2
(ALLEN ROAD TRUNK SEWER)
(the "Assessment District"); and
WHEREAS, pursuant to Sections 10203 and 10204 of the Streets and Highways Code, the
Assessment Engineer has prepared and presented a report (the "Engineer's Report"), which report
has been filed with the City Clerk and is open to public inspection at this time:
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND
RESOLVES as follows:
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Section 1. Engineer's Report. The Engineer's Report is hereby preliminarily approved
and adopted, containing the following:
(a) Plans and specifications of the proposed improvement if the improvement is not
already installed. The plans and specifications need not be detailed and are sufficient if they
show or describe the general nature, location, and extent of the improvements.
(b) A general description of works or appliances already installed and any other property
necessary or convenient for the operation of the improvement, if the works, appliances, or
property are to be acquired as part of the improvement.
(c) An estimate of the cost of the improvement and of the cost of lands, rights-of-way,
easements, and incidental expenses in connection with the improvement, including any cost of
registering bonds. If the legislative body, in the resolution of intention, declared its intention to
levy an assessment for the maintenance, repair, or improvement of the work, system, or facility,
the report shall contain an estimate of the amount of this assessment for each of the first five
years during which the assessment would be levied.
(d) A diagram showing, 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; and
(3) The lines and dimensions of each parcel of land within the district.
Each subdivision 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.
(e) A proposed assessment of the total amount of the cost and expenses of the proposed
improvement upon the several subdivisions of land in the district in proportion to the estimated
benefits to be received by each subdivision, respectively, from the improvement. When any
portion or percentage of the cost and expenses of the improvement is ordered to be paid out of
the treasury of the municipality, pursuant to Section 10201, the amount of that portion or
percentage shall first be deducted from the total estimated cost and expenses of the improvement,
and the assessment upon property proposed in the report shall include only the remainder of the
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estimated cost and expenses. The assessment shall refer to the subdivisions by their respective
numbers as assigned pursuant to subdivision (d).
(f') A proposed maximum annual assessment upon each of the several subdivisions of
land in the district to pay costs incurred by the City and not otherwise reimbursed which result
from the administration and collection of assessments or from the administration or registration
of any associated bonds and reserve or other related funds.
The Engineer's Report shall stand for the purpose of all subsequent proceedings
undertaken pursuant to the Resolution of Intention.
Section 2. Public Hearing. The City Council hereby appoints the time and place for a
public hearing (the "Public Hearing") on the Engineer's Report as follows:
Time Plac~
7:00 P.M. Council Chambers
June 10, 1998 City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
and provides that any interested person may offer testimony as to the proposed improvement, the
extent of the Assessment District, or the proposed assessment by filing a written protest or
assessment ballot with the City Clerk at or before the time set for the hearing. Such protest must
contain a description of the property in which each signer thereof is interested sufficient to
identify the same and, if the signers are not shown on the last equalized assessment roll as the
owners of such property, must contain or be accompanied by written evidence that such signers
are the owners of such property.
Section 3. Assessment Ballot. The City Council hereby authorizes an assessment ballot
proceeding for compliance with Article XIIIC and Article XIIID of the California Constitution.
Such proceeding shall include notice by mail to each record owner in the District at least 45 days
prior to the date of the public hearing upon the proposed assessment (the "Public Hearing") and
shall include an assessment ballot with instructions for returning the ballot at or prior to the
conclusion of the Public Heating. The assessment ballot proceeding and the notice by mail shall
be in accordance with Article 4.6 (commencing with Section 53750) of Chapter 4 of Part 1 of
Division 2 of Title 5 of the California Goverument Code.
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ORDINAL
Section 4. Notice. The City Clerk is hereby directed to cause notice of the Public
Hearing and the passage of the Resolution of Intention, in the form described in Section 53753(b)
of the California Government Code to be mailed to each record owner in the District at lease 45
days prior to the date of the public hearing upon the proposed assessment. Each notice given
shall include an assessment ballot, as described in subsection 53753(c) of the Government Code,
whereby the person returning the assessment ballot may indicated his or her support or
opposition to the proposed assessment. The assessment ballot may be submitted, changed, or
withdrawn prior to the conclusion of the Public Hearing. The proposed assessment shall not be
imposed if the majority of assessment ballots submitted, and not withdrawn, in opposition to the
proposed assessment exceed the assessment ballots submitted, and not withdrawn, in favor to the
proposed assessment, weighting those assessment ballots by the amount of the proposed
assessment to be imposed upon the identified parcel for which each assessment was submitted.
Section 5. District Boundary Map. The City Clerk is hereby directed to file a copy of
the map eutitled Proposed Boundaries City of Bakersfield Assessment District No. 96-2 (Allen
Road Trunk Sewer) in the Office of the County Recorder of the County of Kern within fifteen
(15) days of the adoption of this resolution fixing the time and place of hearing on the formation
and extent of the Assessment District, said boundary map to be in the form prescribed in Section
3110 of the California Streets and Highways Code.
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ORIG.INAL
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 MAR ! 5 g$18
the following vote:
, by
,~,YES: COUNCILMEMbER DeMOND, CARSON, SMITH, McDERMO'Fr, ROWLES, SULLIVAN, SALVAGGK)
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
City Clerk and Ex Officio {J
Clerk of the Council of the
City of Bakersfield
APPROVED this 25th day of March, 1998
MAS~/~flhe ~ ~ff ~akersfield
APPROVED AS TO FORM:
MCFARLIN & ANDERSON
Bond Counsel
By (~ ti~,~'~ ~
COUNTERSIGNED:
City of Bakersfield
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ORIGINAL