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
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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.
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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.
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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:
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ABSTAIN:
ABSENT:
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CARSON. BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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A55-t. City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
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COUNTERSIGNED:
VIRGINIA GENNARO
City Attorney
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