HomeMy WebLinkAboutRES NO 156-98RESOLUTION NO. ]-5 6- 9 8
A RESOLUTION ORDERING CHANGE AND MODIFICATION
NO. 2 TO ENGINEER'S REPORT FOP. ASSESSMENT
DISTRICT NO. 93-3
WHEREAS, on May 4, 1994, the City Council of the City of Bakersfield did adopt
Resolution No. 1115, a Resolution of intention for the formation of City of Bakersfield
Assessment District No. 93-3 (the "Assessment District")~. and
WHEREAS, pursuant to said Resolution of Intention, on June 29, 1994, the City
Council did adopt Resolution No. 99-94, a Resolution Adopting the Engineer's Report,
Confirming the Assessment and Ordering the Work; and
WHEREAS, on November 16, 1994, the City Council, pursuant to Resolution No.
182-94, did Order a Change and Modification to the Engineer's Report, Assessment
Diagram and Assessment Roll for Assessment District NO. 93-3; and
WHEREAS, the Engineer's Report, as modified, allocated $118,532.89 for
incidental expenses; and
WHEREAS, Streets and Highways Code Sections 5024(a) and 10006.5 include
legal expenses under the category of incidental expenses; and
WHEREAS, additional disbursements for improvement costs and acquisitions have
been sought by CalOak Development Properties, L.P. as the Developer involved in the
Assessment District; and
WHEREAS, the City of Bakersfield, in fulfilling its statutory and contractual duties
to maintain the Assessment District and as administrator of the proceeds of the bonds
issued under the proceedings for the Assessment DistriCt, has rejected the Developer's
demands for additional payments; and
WHEREAS, the Developer has filed an action against the City of Bakersfield
entitled Ca/Oak Development Properties, L.P v. City of Bakersfield, Kern County Superior
Court Case No. 235614-AEW whereby the Developer seeks an order of the Superior Court
compelling the City of Bakersfield to pay the additional disbursements; and
WHEREAS, additional legal expenses have resulted from the City's need to consult
with Bond and Disclosure Counsel as a result of the above-entitled action and by virtue
of the City's defense of said action; and
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WHEREAS, the City will continue to accrue legal expenses for consultation with
Bond and Disclosure Counsel and in its defense of said action; and
WHEREAS, the Assessment District Improvement Fund has monies which are not
required to complete the Improvements as set forth in the Engineer's Report, as modified;
and
WHEREAS, the allocation of $120,000.00 in the Improvement Fund to the
previously allocated amount for incidental expenses can be accomplished without
modification to any assessment or assessments and without increasing the aggregate
assessment or any individual assessment; and
WHEREAS, Section 10351, et seq. of the Streets and Highways Code of the State
of California authorizes the City Council to make such changes and modifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows
1. The foregoing recitals are true and correct.
The City Council finds that the changes can be made pursuant to Section
10352 of the Streets and Highways Code of the State of California without
notice and hearing as there is no increase in the total assessment or the
individual assessments and no reduction in benefits.
That the Engineer's Report, as modified, a copy of which is on file at the
office of the City Clerk, be further changed and modified to increase the
estimated incidental expenses as set forth in said Engineer's Report, as
modified, from $118,532.89 to $238,532,89 and to decrease the cost of
Improvements and of Right-of-Way Acquisitions from $1,208,878.16 to
$1,188,878.16.
That the $120,000.00 increase in incidental expenses shall be appropriated
to defray additional Bond and Disclosure Counsel fees and to defray the
City's attorneys' fees and costs for the defense of the litigation identified
above.
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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 #0V ~. 8 1998, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ,,'~"-...~'Lr-C', SULLIVAN, SALVAGGIO
COUNCILMEMBER_/2 o bo£ 65
COUNCILMEMBER /V 0 tIE,
COUNCILMEMBER ,N'~ hE,
CITY CLERK and Ex Officio C~t'k of the
Council of the City of Bakersfield
APPROVED NOV I 8 1998
B~'B PRIC~
MAYOR of Bakersfield
APPROVED as to form:
ROBERT M. SHERFY
Chief Assistant City Attorney
By:
WALTER H. PORR, .~,,~
Assistant City Attorney
RICHARD H. HAR(~ROVE
Bond Counsel
WHP:alj
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