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HomeMy WebLinkAboutRES NO 81-98RESOLUTION NO. 8 ~ - ~ 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING AND LEVYING THE ASSESSMENT, APPROVING THE ENGINEER'S REPORT AND DESIGNATING THE TREASURER TO COLLECT AND RECEIVE MONEY AND AUTHORIZING THE KERN COUNTY TAX COLLECTOR-TREASURER TO COLLECT INSTALLMENTS OF THE ASSESSMENT WHEREAS, the City Council (the "City Council") of the City of Bakersfield, California (the "City") adopted its Resolution of Intention No. 1157 (the "Resolution of Intention"), on March 25, 1998, for the acquisition and/or construction of certain public improvements in a special assessment district designated as ASSESSMENT DISTRICT NO. 96-2 (ALLEN ROAD TRUNK SEWER) (hereinafter referred to as the "Assessment District"); and WHEREAS, pursuant to the Resolution of Intention, an Engineer's Report, as therein provided, was presented, considered and approved; and WHEREAS, the Engineer's Report, as preliminarily approved and now presented in final tbrm (the "Engineer's Report"), does contain all the matters and items called for by law pursuant to the provisions of the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of Califomia, including the following: 1. A general description of the public improvements to be included in the Assessment District; 2. Plans and specifications of the proposed improvements; 3. Estimate of cost; 4. Diagram of Assessment District; 5. An assessment for the improvements according to benefits; and 6. A provision for maximum annual assessments for administration of the Assessment District. WHEREAS, the City Council fixed 7:00 p.m., or as soon thereafter as the matter may be heard, on Wednesday, June 10, 1998 at the Council Chambers, 1501 Truxtun Avenue, BAKPKTJ.98iti~L~/226 ©R!G!NAL Bakersfield, California 93301 as the place, date and time for a public hearing on the proposed improvements; and WHEREAS, notices of said public hearing were duly and regularly posted and mailed in the time, form and manner required by law and as evidenced by affidavits on file with the transcript of these proceedings; and WHEREAS, assessment ballots have been received and all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and WHEREAS, a majority of the assessment ballots, weighted by value of assessment, have been submitted in favor of the proposed assessment and the owners of more thun one-half(½) of the area being assessed for the cost of the proposed improvements did not file written protests against the proposed improvements, and the City Council did, after providing a full hearing and, to the extent such were received, overrule and deny all protests and objections; and WHEREAS, the City Council is now satisfied with the assessment and all matters contained in the Engineer's Report as now submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Engineer's Report, including the assessment and diagram for the improvements, together with appurtenances and appurtenant work in connection, is hereby approved and the assessment contained therein is hereby confirmed. SECTION 3. The public interest and convenience require the proposed improvements to be completed, and therefore it is hereby ordered that the work be done and the improvements constructed and/or acquired in the Assessment District, as set forth in the Resolution of Intention previously adopted and as set forth in the Engineer's Report previously presented and considered. SECTION 4. The assessment contained in the Engineer's Report is hereby levied upon the respective subdivisions of land in the Assessment District as set forth in the Engineer's Report. SECTION 5. The Engineer of Work shall forthwith deliver to the Superintendent of Streets said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; the Superintendent of Streets shall then immediately record said diagram and assessment in his office 2 BAKPKT2 9~/LR/226 in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. SECTION 6. The City Clerk, upon the recording of the diagram and assessment, is hereby directed to mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County of Kern or as on file with the City Clerk, or to both addresses if said address is not the same, or to General Delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment securing the series of bonds to be sold secured by such assessment, the time and place of payment thereof, the waiver of such payment period, if any, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the Improvement Bond Act of 1915. SECTION 7. The Treasurer is hereby designated to collect and receive the money paid pursuant to said Assessment as herein confirmed during the initial 30-day collection period. The City Clerk is hereby ordered and directed to give notice by publishing a copy of a notice of recording of assessment in the Bakersfield Californian, once a week for two successive weeks, giving notice that said assessment has been recorded in the office of the Superintendent of Streets, and that all amounts assessed thereon are due and payable immediately, and that the payment of said amount is to be made within thirty (30) days after the date of recording the assessment unless waived by unanimous consent of the record owners in the District, which date shall be so stated in said notice, and of the fact that securities will be issued upon unpaid assessments. SECTION 8. Upon confirmation of the assessment and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be immediately filed in the office of the County Recorder of the County of Kern. Immediately thereafter, a copy of the Notice of Assessment shall be completed and recorded in the office of the County Recorder in the County of Kern in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California, whereupon said assessment shall become a lien upon the land on which it is levied, pursuant to the Act. SECTION 9. The City Council hereby authorizes the Kern County Tax Collector- Treasurer to collect installments each fiscal year until paid of the Assessment, as herein 3 BAKPKT2,98~gLR/226 ORiGINAt confirmed and remaining unpaid, in the amounts provided by the Treasurer, and confirms to the Kern County Tax Collector-Treasurer that the requirements of State Proposition 218, approved in November 1996, have been met in the proceedings for the Assessment District. SECTION 10. This resolution shall take effect immediately upon its adoption. 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 ¢~1~ 1 0 lffi~ , by AYES: COUNCILMEMBER DeNIOND, CARSON, $1V'JTN, I~:IOERMOTT, ROVVLBS, SULLIVAN, SALVAGGIO the following vote: NOES: COUNCtLMEMI~ER ~ ABSTAIN: COUNCILMEMBER t~S[N~ COUNC~U~F~J4 City Clerk and Clerk of the Council of the City of Bakersfield APPROVED this 10th day of June, 1998 APPROVED AS TO FORM: MCFARLIN & ANDERSON Bond Counsel COUNTERSIGNED: -~'~ITY ATYORNE~'-crf<the City of Bakersfield BAKPKT2.98~R/226