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HomeMy WebLinkAboutRES NO 25-82RE: RESOLUTION OF INTENTION NO. 953 RESOLUTION NO. 25-82 RESOLUTION OF THE CITY COUNCIL MAKING FINDINGS ON PETITION AND AUTHORIZING 'EXECUTION OF AGREEMENTS WHEREAS, the CITY COUNCIL of the CITY OF BAKERSFIELD, CALIFORNIA (hereinafter referred to as "Agency"), has been presented by certain property owners an executed Petition requesting the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, said- improvements to be constructed pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of Calfornia, in a special assessment district known and desi9nated as ~. ASSESSMENT DISTRICT NO. 81-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, it has been reported that said Petition contains the signatures of more than sixty percent (60%) of the property owners of the assessable area of the property to be subject to assessment for the proposed works of improvement. Said Petition meets the requirements of Section 2804 of Division 4 of the Streets and Highways Code of the State of California; and, WHEREAS, Agency desires to set up a procedure for paying the costs of services required for establishment of the Assessment District, and to authorize the hiring of certain consultants to perform such services. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That Agency hereby finds that said Petition has been signed by owners owning land constituting more than sixty percent (60%) of all assessable land within the boundaries of the proposed Assessment District. SECTION 3. SECTION 4. That said Petition shall be filed in the Office of Agency and shall remain open to public inspection. That said Petition meets the requirements of Section 2804 of Division 4 of the Streets and Highways Code of the State of California, 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. That said Petition also meets the requirements of Section 5896.6 of the Streets and Highways Code of the State of California, and said petition is signed by not less than five (5) owners owning lands constituting more than one-half (1/2) of the area of the assessable lands. SECTION 6. This legislative body hereby further finds and determines, based on written evidence submitted to this Agency, that the total estimated amount of the proposed assessments will not exceed seventy-five percent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been constructed. SECTION 7. That said Agency hereby further determines and finds that said Petition has been signed by not only the property owners, as specified in Section-2804 of the Streets and Highways Code, but also any mortgagee or beneficiary under any such existing mortgage or deed of trust, as required by Section 2804.2 of the Streets and Highways Code of the State of California. SECTION 8. Agency hereby approves and author. izes execution of and directs the Mayor to sign and the City Clerk to attest to the following Agreement s: 1. Assessment District Reimbursement Agreement; 2. Agreement for Assessment Engineering; 3. Special Counsel Agreement; 4. Agreement for Investment Banking Services. SECTION 9. That all expenses incurred pursuant to the above consultant agreements shall be payable solely from monies deposited with.the Agency by the property owners within the Assessment District, or from bond proceeds. I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on the l?th day of March , 1982, by the following vote: 5 ~,~ PAYNE, RATTY, ROCKOI:F, GT.~,~,"'~,' AYES~ COUNCILMEN: BARTON, alRI TE NOES: COUNCILMEN: . ABSENT, COUNCILMEN: ABSTAINING: COUNCILMEN: APPROV]~D~,~'i~ 2,2n;~=~~ day of A R CI TORN THE CITY OF B KE SFIELD CIT K OF THE COUNCIL OF THE'CITY OF BAKERSFIELD