Loading...
HomeMy WebLinkAboutRES NO 040-08 RESOLUTION NO. 0 l1. 0 0 8 RESOLUTION APPROVING AMENDED ENGINEER'S REPORT, AND AUTHORIZING AND DIRECTING RELATED ACTIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 07-2 (SYDNEY HARBOUR) WHEREAS, by its Resolution No. 020-08, adopted on January 30, 2008 ("Resolution No. 020-08"), this City Council has previously approved the Final Engineer's Report for Assessment District No. 07-2 (Sydney Harbour), City of Bakersfield, County of Kern, State of California ("AD No. 07-2"); and WHEREAS, as directed by Resolution No. 020-08, the assessment diagram and the notice of assessment for AD No. 07-2 were recorded in the official records of the Kern County Recorder on February 7, 2008, and the several assessments as levied on January 30 thereby became liens upon the respective parcels which were assessed; and WHEREAS, results ofa market value appraisal of the subject property, completed since January 30 and reflecting reduced sales prices for the single family homes being developed in AD No. 07-2, demonstrate that the aggregate amount of assessments levied exceeds one- fourth of the appraised market value of the subject property and that the amount of two individual assessments exceeded one-third of the appraised market value of the subject specific parcels; and WHEREAS, in order to achieve compliance with the City's policies which restrict the aggregate amount of assessments to one-fourth of the appraised market value of the subject property and, for each individual assessment, to one-third of the appraised market value of the subject parcel, the Engineer of Work for AD No. 07-2, in consultation with the Finance OHS Wesl:260388443.1 40213-43 SS4 ~. Department, other members of the City's consulting team for AD No. 07-2, and the affected property owners, has made reductions in selected line items of the authorized costs and expenses being financed in AD No. 07-2 and corresponding reductions in the corresponding assessments, all as reflected in an Amended Engineer's Report, dated February 26, 2008 (the "Amended Engineer's Report"), on file with the City Clerk and presented at this meeting for consideration; and WHEREAS, this Council wishes to approve the Amended Engineer's Report as the appropriate means of achieving compliance with the City's policies respecting assessment district financing and to direct the preparation and recordation of a notice of amended assessment, reflecting the reduced amount of the individual assessments which have been reduced as set forth in the Amended Engineer's Report; and WHEREAS, in accordance with Sections 10350 and following of the California Streets and Highways Code, this Council is authorized to order the reductions in the cost estimate and the respective individual assessments, each as set forth in the Amended Engineer's Report, without notice or hearing; NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. Pursuant to Section 10352 of the California Streets and Highways Code, the Amended Engineer's Report is hereby approved by this Council without modification and without notice or hearing to the affected property owners. OHS West:260388443.\ 40213-43 SS4 I ~) 2 ~. ) c. 2. The individual assessments, in the amounts stated in the Amended Engineer's Report, are hereby confirmed and levied, and this action is final as to all persons, in accordance with Section 10312 of the Streets and Highways Code. 3. A notice of amended assessment, corresponding to the previously- recorded notice of assessment but having the amended assessment roll, showing the revised amounts of the assessments, shall be prepared and filed for record in the official records of the Kern County Recorder for Kern County. 4. In all respects not inconsistent with this resolution, the proVIsIOns of Resolution No. 020-08 shall remain in full force and effect. 5. This resolution shall take effect immediately upon adoption. OHS West:260388443.1 40213-43 SS4 3 ~ f')/:',L 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 12, 2008, by the following vote: ~ ~ ABSTAIN: ABSENT: ./ / ./ / v ./ ......- CARSON. BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER y\ .fJV\...L- t'\~ n~.p ~ A55-t. City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP ~~ /~ COUNTERSIGNED: VIRGINIA GENNARO City Attorney BY:~Jn, ~ OHS West:260388443.1 40213-43 SS4 4 Z__J;'\;C!lf--J/\L