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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: 3/9/98 O~NAL 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 3/9/98 2 ORIelHAL 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. 3/9/98 3 BAKPKT 1.97B~226~ 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. 3/9/98 4 B AK PKT 1-97y~)~ ~)0~~ 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 3/9/98 ORIGINAL