HomeMy WebLinkAboutRES NO 28-98 RESOLUTION NO. ~- 8 - 9 8
RESOLUTION ACCEPTING PETITION AND MAKING
PRELIMiNARY FiNDINGS THEREON
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-2
(ALLEN ROAD TRUNK SEWER)
WHEREAS, the City Council (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 and acquisition 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 for 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");
WHEREAS, the City Council has been presented with an executed Petition and Waiver
(the "Petition") by certain property owners requesting the formation of an assessment district for
the purpose of financing the acquisition and construction of the Improvements; and
WHEREAS, the Director of Public Works has certified that the Petition contains the
signatures of more than sixty percent (60%) of the owners of the assessable area of land to be
subject to assessment for the proposed Improvements and that the Petition otherwise meets the
3/9/98 BAKPKT1.97B/~
requirements of Section 2804 and Section 2804.5 of the Califomia Streets and Highways Code,
as represented by the CERTIFICATE OF ENGINEER attached hereto as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND
RESOLVES as follows:
SECTION 1. The above recitals and each of them are true and correct, and the City
Council hereby expressly so finds and determines.
SECTION 2. The City Council hereby accepts the Petition and, based on the certification
of the Director of Public Works, finds that it has been signed by owners owning land constituting
more than sixty pement (60%) of all assessable land within the boundaries of the proposed
Assessment District.
SECTION 3. The petition has been or shall be filed in the Office of the City Clerk and
shall remain open to public inspection.
SECTION 4. The Petition meets the requirements of Section 2804 and Section 2804.5 of
the California Streets and Highways Code, and further proceedings and limitations under the
provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931
shall not be applicable to these proceedings.
SECTION 5. This resolution shall take effect immediately upon its adoption.
3/9/98 2
ORIGINAL
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 ! $ 1~J98
the following vote:
, by
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOT'r, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMbER .~1 ~,.~
City Clerk and Ex OfficioC/
Clerk of the Council of the
City of Bakersfield
APPROVED this 25th day of March, 1998
MAY~OR of tll~ City of Bakersfield
APPROVED AS TO FORM:
MCFARLIN & ANDERSON
Bond Counsel
By ~C~'
COUNTERSIGNED:
CITY ATTORNEY of the //j
City of Bakersfield
3~9/98
ORIGINAL
EXHIBIT A
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 96-2
(ALLEN ROAD TRUNK SEWER)
CERTIFICATE OF ENGINEER
RE: SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF KERN
CITY OF BAKERSFIELD
The undersigned hereby CERTIFIES as follows:
That I am the duly appointed DIRECTOR OF PUBLIC WORKS of the CITY OF
BAKERSFIELD, CALIFORNIA.
That on the 13t'kday of March, 1998, I reviewed a Petition for the formation of an
Assessment District for certain public works of improvement, together with appurtenances,
appurtenant work and acquisition, where necessary, in a special assessment district known and
designated as CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 96-2 (ALLEN ROAD
TRUNK SEWER) (hereinafter referred to as the "Assessment District"), a copy of which is on
file in the office of the City Clerk.
That I caused said Petition to be examined and my examination revealed that said Petition
has been signed by property owners representing more than sixty (60%) percent of the assessable
area of lands within the boundaries of the proposed Assessment District, all as iprescribed by the
Special Assessment Investigation, Limitation and Majority Protest Act of 1931, and specifically
Sections 2804 and 2804.5 thereof, found in the Streets and Highways Code of the State of
California.
That said Petition and Waiver did represent [(b(3 percent (~17o%) of the assessable area
of property within the boundaries of the Assessment District.
That said Petition meets the requirements of Sections 2804 and 2804.5 of the Streets and
Highways Code of the State of California.
Executed thislB~day of March, 1998, at Bakersfield, California.
3/9/98
DI ToR~F~11 L w~
CITY OF BAKERSFIELD
STATE OF CALIFORNIA
A-1
BAKPKTI.97B/226 t~~
ORIGINAL
TO: THE HONORABLE CITY COUNCIL
CITY OF BAKERSFIELD
(hereinafter referred to as "Agency")
PETITION FOR THE CONSTRUCTION OF IMPROVEMENTS
AND WAIVER OF REQUIREMENTS OF DMSION 4 OF TIlE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
THE UNDERSIGNED, constituting propc~y owners within the temto~y as shown on Exhibit "Am attached to this Petition. whose
properly will be subject to the assessment for the improvements hereinafter requested, hereby request the formation of an assessment
district under 11~ laov~ions of the "Mumcipal Improvement Act of 1913," being Division 12 of the Streets and Highways Cede of the
State of California and the provisions of Sections 13.08.060 and 13.08.070 of the Bakersfield Municipal Code, to finance the
consWu~tion and acquisition of ceatam public works improvement, together with appurtenances and appurtenant work in connection
therewith, Senemily described as follows:
The construction o fAllen Road Trunk Sewer, improvements to include, easements, new trunk line, meatholes, abandon lift station,
fittings and asphalt patching and appurtentmces thereto within the boundaries of the proposed assessment district.
THE UNDERSIGNED CONSENT to other appurtenant work that is, in the opinion of Agency, nec~aa~' m prop~ly effectuate said
i~,l~ovements, and we hereby expressly waive the requn'ements to prepare a debt limit report and waive any rights to protest against
and stop th~ formation of the proposed assessment district as parautted under the "Special Assessment Investigation, Limitation and
Majority Protest Act of 1931,~ ~ Division 4 of the Sm:ets and Highway Code of the State of California. An estuunte of the total cost
of the improvements project to be financed by the proposed assessment distrct is $ $1.340,000.00 .
WE HEREBY FURTHER REQUEST:
1)
That you assess the cost of said construction and acquisition improvements together with the expenses incidental thereto
upon the distrct benefitted thereby, which disttrct is shown on the attached Exhibit "A."
2)
That we authorize you to exercise your proper discretion as vested in you pursuant to said Acts to make changes and
modifications in said i~q.~ovemmts, said assessments, the bounderies of said assessment district or the proc~, prior to
or during the course of said proceedings.
3)
That all efforts and attempts be made so that said proceedings and the Resolution of Intention can be adopted at the
earliest time.
This Petition may be sigued in ceont~pa~ and constitutes one Petition and Waiver, and may be consolidetod with similar petitions and
waivers f~,,timilar in:lplm,lml~ts herein nleaationed. We uncL~tand that property owners of more than 60 percent in area of the territory
subject to the t~posed assessment must execute similar petitions before the Agency can take the action requested hereto.
xpectfully subt~ tied,
SlGNA3~E ' I DATE
CRAI~ CA/ 161-010-24-00-7
~ ASSESSOR'S PARCEL NO./ADDRESS
ORIGINAL
TO: THE HONORABLE CITY COUNCIL
CITY OF BAKERSFIELD
(hereiuaf~r ref~*ed to as "Agency")
PETITION FOR THE CONSTRUCTION OF IMPROVEMENTS
AND WAIVER OF REQUIREMENTS OF DIVISION 4 OF THE STREETS
AND H~GHVgAYS CODE OF THE STATE OF CALIFORNIA
THE UNDERSIGNED, constituting properly owners within the territory as shown on Exhibit "A" attached to this Petition, whose
property will be subject to the assessment for the improvements hereinafi~er requested, hereby request the formation of an assessment
disislet under the provisions of the "Municipal Improvement Act of 19 l 3," being Division 12 of the Streets and Highways Code of the
State of California and the provisions of Sections 13.08.060 and 13.08.070 of the Bakersfield Municipal Code, to finance the
construction end acquisition of cea-tain public works improvement, together with appurtenances and appurteuant work in connection
therewith, generally described as follows:
The construction of Allen Road Trunk Sewer, improvements to include, easements, new trunk line, manholes, abandon lift station,
fittings and asphalt patching and appurtenances thereto within the boundaries of the proposed assessment district.
THE UNDERSIGNED CONSENT to other appurtenant work that is, in the opinion of Agency, necessary to properly effectuate said
improvements, and we hereby expressly waive the requirements to prepare a debt limit report and waive any rights to protest against
and stop the formation of the proposed assessment district as permitted under the "Special Assessment Investigation, Limitation and
Majority Protest Act of 1931," being Division 4 of the Streets and Highway Cede of the State of California. An estimate of the total cost
of the improvements project to be fmanced by the proposed assessment district is $ $1.340.000.00 .
WE HEREBY FURTHER REQUEST:
1)
That you assess the cost of said construction and acquisition improvements together with the expanses incidental thereto
upon the district benefitted thereby, which district is shown on the attached Exhibit "A."
2)
That we authorize you to exercise your proper discretion as vested in you pursuant to said Acts to make changes and
modifications in said improvements, said assessments, the boundaries of said assessment district or the proceedings, prior to
or during the course of said proceedings.
3)
That all efforts and attempts be made so that said proceedings and the Resolution of Intention can be adopted at the
earliest time.
This Petition may be signed in counterpart and constitutes one Petition and Waiver, and may be consolidated with similar petitions and
waivers for similar improvements herein mentioned. We understand that proper0j owners of more than 60 percent in area of the territory
subject to the proposed assessment must execute similar petitions before the Agency can take the action requested herein.
Respectfully submitled,
SIGNATURE
TOM CAROSELLA
DATE / //
1614)1043-00-2
ASSESSOR'S PARCEL NO./ADDRESS
TO:
THE HONORABLE CITY COUNCIL
CITY OF BAKERSFIELD
(hereinafter referred to as "Agent")
PETITION FOR TIlE CONSTRUCTION OF IMPROVEMENTS
AND WAIVER OF REQUIREMENTS OF DIVISION 4 OF THE STREETS
AND HIGHWAYS CODE OF TIlE STATE OF CALIFORNIA
THE UNDERSIGNED, constituting property owners within the temto~ as shown on Exhibit "A" attached to this Petition. whose
prope ly will be subject to the assessment for the improvements hereinafter requested, hereby request tiaa formation of an assessment
district under th~ provisions of the 'Municipal Improvement Act of 1913,' being Division 12 of the Streets and Highways Code of the
State of California and the provisions of ,%etions 13.08.060 and 13.08.070 of the Bakersfield Municipal Code, to finance the
constnmtion and acquisition of certain publio works improvement, together with appurtenances and appurtenant work in connection
therewith, generally described as follows:
Tile corotruction of Allen Road Trunk Sewer. improvements to include, easements, new trunk line, manholes, abandon I~
station, fittings and asphalt patching cmd appurtenances thereto within the boundaries of the proposed assessment district.
THE UNDERSIGNED CONSENT to other appurtenant work that is, in the opinion of Agency, needsamy to properly effeminate said
i~ents, and we hereby e~l~ressly waive the requirements to prepare a debt limit ~--port and waive any rights to protest against
and stop the formhtibn of the proposed nssessmant district as permitted under the "Special Assessment inveatigation, Limitation and
Majority Protest Act of 1931,' being Division 4 of the Sh-ects and Highway Code of the State of Califorma. An eatimam of the total cost
of the improvemants project to be fimmea:d by the proposed assessment district is $ $1.340.000.00 .
WE HEREBY FURTHER REQUEST:
1)
That you assess the cost of said conaLmetion and acquisition improvements together with the e~na~ incidental thereto
upon the district benefitted thereby, which district is shown on the attached Exhibit "A."
2)
That we authorize you to exercia~ your proper discretion as vested in you pursuant to said Acta to make changes and
modilkatieo_s in said unpm~ts, said assessments, the boundaries of said assessment district or the proceedings, prior to
or during the course of said proceedings.
3)
That all efforts and attempts be made so that said proceedings and the Resolution of [ntantion can be adopted at the
earliest time.
This Petition may b~ signed in oauntea'l:~t and o0m~atutes one Petition and Waiver, and may be consolidated with similar petitions and
waivexa for s'm'filar ia~o~rr~mt$ ~ menfloreal. We undemtand that property owners of more than 60 IX'W, ant in m~ea of the territory
subject to the proposod assessment must ~ecute similar petitions before the Agency can take the action t~queated herein.
Reslx~tfully submitted,
BRUCE FREEMAN, PRESIDENT
SIGNATIJRE
LAURA WHITAKER, VICE PRESIDENT
,JUN 2 3 1997
DATE
(See attached)
ASSESSOR'S PARCEL NO./ADDRESS
JUN 2 3 1997
DAT~
DAT~
CASTLE & COOKE CALIFORNIA, INC.
ORIGINAL
CASTLE & COOKE CALIFORNIA, INC.
409-010-22-00-6
ASSESSOR'S PARCEL NO./ADDRESS
409-010-23-00-9
ASSESSOR'S PARCEL NO/ADDRESS
161-060-09-01-8
ASSESSOR'S PARCEL NO./ADDRESS
161-060-10-00-1
ASSESSOR'S PARCEL NO./ADDRESS
161-06O-07 -00-3
ASSESSOR'S PARCEL NO./ADDRESS
161-010-43-00-2
ASSESSOR'S PARCEL NO./ADDRESS
161-06O-18-00-5
ASSESSOR'S PARCEL NO./ADDRESS
161-060-04 -00-4
ASSESSOR'S PARCEL NO./ADDRESS
ORIGINAL