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