HomeMy WebLinkAboutROI NO 1757OH &S Draft
06/28/13
RESOLUTION NO. [%_1(5
AMENDED AND RESTATED RESOLUTION OF THE CITY OF
BAKERSFIELD DECLARING ITS INTENTION TO ESTABLISH THE CITY OF
BAKERSFIELD POLICE AND FIRE SERVICES COMMUNITY FACILITIES
DISTRICT NO. 2013 -1 (WEST MING SPECIFIC PLAN), TO LEVY A SPECIAL
TAX THEREIN TO FINANCE ADDITIONAL POLICE AND FIRE SERVICES
REQUIRED BY NEW DEVELOPMENT WITHIN THE COMMUNITY
FACILITIES DISTRICT
WHEREAS, the City Council of the City of Bakersfield (the "City ") has duly considered
the advisability and necessity of establishing a community facilities district within its
jurisdictional boundaries, which community facilities district and boundaries are more
particularly described herein, and levying a special tax therein to finance police and fire services
therein under and pursuant to the terms and provisions of the "Mello -Roos Community Services
Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State
of California (the "Act "); and
WHEREAS, the police and fire services will assist in mitigating the impact on the need
for police and fire services occasioned by new development that is expected to occur within the
boundaries of the community facilities district; and
WHEREAS, the City Council finds that because of the property tax structure in the State
of California, the ad valorem property tax revenue from new residential development within the
City is allocated, under the law, in such a way that the portion of such revenue that comes to the
City is significantly less than the cost, to the City, of providing police and fire services to the
new residential development; and
WHEREAS, the City Council has determined that the establishment of the community
facilities district is consistent with and follows the local goals and policies concerning the use of
the Act that have been adopted by the City Council and are now in effect; and
WHEREAS, on June 5, 2013, the City Council adopted Resolution No. 1752, "A
Resolution of the City of Bakersfield Declaring Its Intention to Establish the City of Bakersfield
Police and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan)
[(the "Community Facilities District ")], To Levy a Special Tax Therein to Finance Additional
Police and Fire Services Required by New Development Within the Community Facilities
District"; and
WHEREAS, the City Clerk has certified adoption of Resolution No. 1752 on the face of a
boundary map describing the extent of the territory included in the Community Facilities District
(the "Boundary Map ") and otherwise in the form containing the matters prescribed by Section
3110 of the California Streets and Highways Code, and the City Clerk has filed a copy of the
Boundary Map with the County Recorder at Pages 102 to 103 of Book I of the Community
Facilities District Maps on June 13, 2013; and
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WHEREAS, the City proposes to amend and restate said Resolution No. 1752 in order to
amend the proposed rate and method of apportionment of special taxes, among other matters;
and
WHEREAS, the City Council is fully advised in this matter;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS:
Section 1. The City Council finds and determines that the foregoing recitals are true
and correct.
Section 2. It is the intention of the City Council, and the City Council hereby
proposes, to establish a Community Facilities District under and pursuant to the terms and
provisions of the Act, to be known and designated as "City of Bakersfield Police and Fire
Services Community Facilities District No. 2013 -1 (West Ming Specific Plan)" (the
"Community Facilities District "). The boundaries of the territory proposed for inclusion in the
Community Facilities District are more particularly described and shown on a map entitled "Map
of Proposed Boundaries, Police and Fire Services Community Facilities District No. 2013 -1
(West Ming Specific Plan)" now on file in the office of the City Clerk (the "Clerk "), which map
is hereby approved by the City Council. A copy of the map is marked Exhibit A and is attached
hereto, and by this reference is incorporated herein and made a part of this Resolution. The City
Council finds that the map is in the form and contains the matters prescribed by Section 3110 of
the California Streets and Highways Code. The City Council hereby ratifies and approves the
actions of the Clerk to certify the adoption of this resolution on the face of the map. The Clerk is
hereby authorized and directed to record a copy of the map with the County Recorder of Kern
County in accordance with the provisions of Section 3111 of the Streets and Highways Code of
the State of California. The City Council hereby finds that any property included within the
boundary that is currently in agricultural use will nonetheless be benefited by the proposed
services.
Section 3. It is the intention of the City Council to finance, pursuant to the Act, those
police and fire services shown on Exhibit B attached hereto, which by this reference is
incorporated herein and made a part of this Resolution (the "Services "). All of the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
and anticipated to occur within the Community Facilities District. The cost of financing the
Services includes all costs associated with the creation of the Community Facilities District, the
determination of the amount of any special taxes or the collection or payment of any special
taxes and costs otherwise incurred in order to carry out the authorized purposes of the
Community Facilities District, together with any other expenses incidental to the provision of the
Services. A representative list of incidental expenses that may be incurred are set forth on
Exhibit C attached hereto, which by this reference is incorporated herein and made a part of this
Resolution.
Section 4. It is the intention of the City Council that, except where funds are otherwise
available, a special tax shall be annually levied within the Community Facilities District
sufficient to pay for the Services, including but not limited to the repayment of funds advanced
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by the City for the Community Facilities District and for the Services. Upon recordation of a
Notice of Special Tax Lien pursuant to Section 3114.5 of the California Streets and Highways
Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real
property in the Community Facilities District, and this lien shall continue in force and effect in
perpetuity unless the lien is cancelled in accordance with law, or until levy of the special tax by
the City ceases.
Section 5. It is the intention of the City Council that the proposed special tax will be
collected through the regular County of Kern secured property tax bills, and will be subject to the
same enforcement mechanism, and the same penalties and interest for late payment, as apply to
the regular ad valorem property taxes; however, the City Council reserves the right to utilize any
other lawful means of billing, collecting and enforcing the special tax, including direct billing
and supplemental billing.
Section 6. The rate and method of apportionment of the special tax, including the
maximum annual special tax, is set forth on Exhibit D attached hereto, which by this reference is
incorporated herein and made a part of this Resolution. Exhibit D provides sufficient detail to
allow each landowner or resident within the Community Facilities District to estimate the
maximum amount that such person will have to pay. The special tax obligation is not subject to
prepayment.
Section 7. It is the intention of the City Council, pursuant to Section 53325.7 of the
Government Code of the State of California, to establish the initial appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the
Community Facilities District in the amount of $2,140,000 for the 2013 -14 fiscal year.
Section 8. Notice is given that Wednesday the l lth day of September, 2013, at the
hour of 5:30 P.M., or as soon thereafter as the City Council may reach the matter, at the Council
Chambers City Hall, 1600 Truxtun Avenue, Bakersfield, CA, has been fixed by the City Council
as the time and place for a public hearing to be held by the City Council to consider the
establishment of the Community Facilities District, the proposed rate, method of apportionment
and manner of collection of the special tax and all other matters as set forth in this Resolution.
At the public hearing, any persons interested, including all taxpayers, property owners and
registered voters within the Community Facilities District may appear and be heard, and the
testimony of all interested persons or taxpayers for or against the establishment of the
Community Facilities District and the levy of the special tax, or the extent of the Community
Facilities District, or the provision of any of the Services proposed therefor, or the establishment
of an appropriations limit therefor, or on any other matters set forth in this Resolution, will be
heard and considered.
Section 9. Any protests to the proposals in this Resolution may be made orally or in
writing by any interested persons or taxpayers, except that any protests pertaining to the
regularity or sufficiency of these proceedings shall be in writing and shall clearly set forth the
irregularities and defects to which objection is made. The City Council may waive any
irregularities in the form or content of any written protest and at the public hearing may correct
minor defects in the proceedings. All written protests not presented in person by the protester at
the public hearing shall be filed with the Clerk at or before the time fixed for the public hearing
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in order to be received and considered. Any written protest may be withdrawn in writing at any
time before the conclusion of the public hearing.
Section 10. Written protests by a majority of the registered voters residing and
registered within the Community Facilities District (if at least six such voters protest), or by the
owners of a majority of the land area within the Community Facilities District not exempt from
the proposed special tax, will require suspension of these proceedings for at least one year. If a
majority protest is directed only against certain elements of the proposed Services or special tax
of the Community Facilities District, only those elements need be excluded from the
proceedings.
Section 11. The public hearing may be continued from time to time, but shall be
completed within thirty (30) days, except that if the City Council finds that the complexity of the
Community Facilities District or the need for public participation requires additional time, the
public hearing may be continued from time to time for a period not to exceed six (6) months.
Section 12. The City Council may at the public hearing modify this resolution by
eliminating any of the Services, or by changing the method of apportionment of the special tax
so as to reduce the maximum special tax for all or a portion of the owners of property within the
Community Facilities District, except that if the City Council proposes to modify this resolution
in a way that will increase the probable (as distinct from maximum, which may not be increased)
special tax to be paid by the owner of any lot or parcel of land in the Community Facilities
District, the City Council shall direct that a report be prepared that includes a brief analysis of the
impact of the proposed modifications on the probable special tax to be paid by the owners of
such lots or parcels of land in the Community Facilities District, and the City Council shall
receive and consider such report before approving any such modifications or any resolution
forming the Community Facilities District which includes such modifications.
Section 13. At the conclusion of the public hearing, the City Council may abandon the
proposed establishment of the Community Facilities District or it may, after passing upon all
protests, determine to proceed with establishing the Community Facilities District.
Section 14. If the City Council determines at the conclusion of the public hearing to
proceed with the establishment of the Community Facilities District, it expects that the proposed
voting procedure will be by landowners voting in accordance with the Act, as the City Council is
informed that during the 90 days prior to the date set for the hearing, there have been times when
there were fewer than twelve (12) registered voters residing within the Community Facilities
District. The City Council will require this information to be confirmed before ordering the
election.
Section 15. The City Manager of the City is hereby directed to instruct the Chief of
Police and the Fire Chief of the City to study the Community Facilities District and, at or before
the time of the public hearing, to cause to be prepared and filed with the City Council reports
which shall contain brief descriptions of the Services by type which in their opinions will be
required to adequately meet the needs of the new development expected to occur within the
Community Facilities District, together with estimates of the cost of providing the Services.
The reports shall, upon their presentation, be submitted to the City Council for review, shall be
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available for inspection by the public, and shall be made a part of the record of the public hearing
on this Amended and Restated Resolution of Intention to establish the Community Facilities
District. The City Manager, the Chief of Police and the Fire Chief may retain consultants to
prepare the reports, and may combine the reports into a single report.
Section 16. Notice of the time and place of the public hearing shall be given by the
City Clerk in the following manner:
(a) A Notice of Public Hearing in the form attached hereto as Exhibit E shall
be published once in the BAKERSFIELD CALIFORNIAN, a newspaper of general circulation
published in the area of the Community Facilities District, pursuant to Section 6061 of
the Government Code of the State of California and shall be completed at least seven (7)
days prior to the date set for the public hearing; and
(b) A Notice of Public Hearing in the form attached hereto as Exhibit E shall
be mailed, first class postage prepaid, to each owner of land, and to each registered voter
residing, within the boundaries of the proposed Community Facilities District (to
property owners at their addresses as shown on the last equalized assessment roll, and to
registered voters at their addresses as shown on the records of the Kern County Registrar
of Voters, or in either case as otherwise known to the Clerk). The mailing shall be
completed at least fifteen (15) days prior to the date set for the public hearing.
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Section 21. This resolution shall take effect from and after its passage and adoption.
PASSED AND ADOPTED this 17th day of July, 2013, by the following vote:
AYES•
NOES
ABSENT:
Vol ✓
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COUNCILMEMBERS: (Q ()(Vt,
[Seal]
ATTEST:
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ASS►STAUT City Clerk
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CLERK'S CERTIFICATE
1, Roberta Gafford, Clerk of the City of Bakersfield, do hereby certify as follows:
The foregoing resolution is a full, true and correct copy of a resolution duly
adopted at a regular meeting of the City Council of said Authority duly and regularly held at
Council Chambers City Hall, 1600 Truxtun Avenue, Bakersfield, CA on the 17th day of July,
2013, of which meeting all of the members of said City Council had due notice and at which a
majority thereof were present, and that at said meeting said resolution was adopted by the
following vote: ✓ ✓
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ABSENT: NbMl
An agenda for said meeting was posted at least seventy -two (72) hours before said
meeting at4he 644 a location freely accessible to members of the public,
and a brief descri ion of said resolution appeared on said agenda.
I have carefully compared the foregoing with the original minutes of said meeting
on file and of record in my office, and the foregoing is a full, true and correct copy of the original
resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its
adoption and the same is now in full force and effect.
Dated: 'SA 2013.
Roberta Gafford, Clerk
City of Bakersfield, California
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EXHIBIT A
[ATTACH A COPY OF THE BOUNDARY MAP]
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EXHIBIT B
LIST OF AUTHORIZED SERVICES
Police protection services, including, but not limited to, criminal justice services.
However, criminal justice services shall be limited to providing services for jails, detention
facilities, and juvenile halls.
Fire protection and suppression services, and ambulance and paramedic services.
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EXHIBIT C
REPRESENTATIVE LISTING OF INCIDENTAL EXPENSES
It is anticipated that the following incidental expenses may be incurred in the
proposed legal proceedings for formation of the Community Facilities District:
Special tax consultant services
Special tax collection charges, costs and expenses
City staff review, oversight and administrative services
Special Counsel services
Other consultant services
Publishing, mailing and posting of notices
Recording fees
The foregoing enumeration shall not be regarded as exclusive and shall be
deemed to include any other incidental expenses of a like nature which may be incurred from
time to time with respect to the Community Facilities District.
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EXHIBIT D
RATE AND METHOD OF APPORTIONMENT
OF THE SPECIAL TAX
[See attached]
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF BAKERSFIELD
POLICE AND FIRE SERVICES
COMMUNITY FACILITIES DISTRICT NO. 2013-1
(WEST MING SPECIFIC PLAN)
A special tax as hereinafter defined shall be levied on and collected for City of
Bakersfield Police and Fire Services Community Facilities District No. 2013 -1 (West
Ming Specific Plan) ( "CFD No. 2013-1") each Fiscal Year, commencing in Fiscal Year
2013 -14, by the City Council of the City of Bakersfield through the application of the
appropriate Special Tax for "Developed Residential Property" as described below. All of
the real property in CFD No. 2013 -1, unless exempted by law or by the provisions hereof,
shall be taxed for the purposes, to the extent, and in the manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello -Roos Communities Facilities Act of 1982 as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's
Parcel Map with an assigned Assessor's Parcel number within the boundaries of
CFD No. 2013 -1.
"Assessor's Parcel Map" means an official map of the assessor of the County
designating parcels by Assessor's Parcel number.
"Building Permit" means a permit for new construction of a Residential Unit. For
purposes of this definition, "Building Permit" shall not include permits for
construction or installation of retaining walls, utility improvements, or other such
improvements not intended for human habitation.
11CFD Administrator" means an official of the City, or designee thereof,
responsible for determining the Special Tax and providing for the levy and collection
of the Special Tax.
"CFD No. 2013 -1" means Police and Fire Services Community Facilities District
No. 2013 -1 (West Ming Specific Plan) established by the City under the Act.
"City" means the City of Bakersfield.
"City Council" means the City Council of the City, acting as the Legislative Body
of CFD No. 2013 -1, or its designee.
"City -wide Tax" means any tax levied on Assessor Parcels approved by the City
and its voters to pay solely for police and fire services, including but not limited to
(i) the costs of contracting services, (ii) operation and maintenance of related
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equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and
benefits of City and non -City staff that directly provide police and fire services, and
(iv) City and non -City overhead costs associated with providing such police and fire
services.
"County" means the County of Kern.
"Developed Residential Property" means all Assessor's Parcels within CFD No.
2013 -1 for which Building Permits were issued for purposes of constructing a
Residential Unit on or before April 1 preceding the Fiscal Year for which the Special
Tax is being levied.
"Exempt Property" means all Assessor's Parcels within CFD No. 2013 -1
designated as being exempt from the Special Tax as determined in Section 6.
"Fiscal Year" means the period commencing on July 1 of any year and ending the
following June 30.
"Maximum Special Tax" means the Maximum Special Tax determined in
accordance with Section 3, which can be levied by CFD No. 2013 -1 in any Fiscal
Year on Developed Residential Property within CFD No. 2013 -1.
"Non- Residential Property" means all Assessor's Parcels for which a Building
Permit was issued for any type of non - residential use.
"Public Property" means any property within the boundaries of CFD No. 2013 -1
that is owned by or irrevocably dedicated to the City, the federal government, the
State of California, the County, CFD No. 2013 -1, or other public agency.
"Public Services" means new police and fire services in the West Ming Specific
Plan area, including but not limited to (i) the costs of contracting services, (ii) related
equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and
benefits of City and non -City staff that directly provide police and fire services, and
(iv) City and non -City overhead costs associated with providing such services within
CFD No. 2013 -1. The Special Tax provides only partial funding for police and fire
services.
"Residential Unit" means any separate residential dwelling unit in which a person
or persons may live, which comprises an independent facility capable of conveyance
or rental separate from adjacent residential dwelling units and is not considered to be
for commercial or industrial use.
"Special Tax" means any special tax authorized to be levied by CFD No. 2013 -1
pursuant to the Act to fund Public Services.
"Undeveloped Property" means all Assessor's Parcels within CFD No. 2013 -1 for
which Building Permits have not been issued and are not classified as Public
Property or Exempt Property.
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2. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2013 -2014, each Assessor's Parcel
within CFD No. 2013 -1 shall be classified as Developed Residential Property,
Undeveloped Property or Exempt Property.
3. MAXIMUM SPECIAL TAX RATES
The Maximum Special Tax for each Assessor's Parcel classified as Developed
Residential Property is provided in the Table below.
Table 1
Maximum Special Tax Rates
TIME PERIOD
MAXIMUM SPECIAL TAX
RATE
Fiscal Years 1 through 10 after
classification as Developed Residential
$287 per Residential Unit
Property
Fiscal Years 11 through 20 after
classification as Developed Residential
$174 per Residential Unit
Property
4. METHOD OF APPORTIONMENT
Commencing with Fiscal Year 2013 -2014, and for each subsequent Fiscal Year, the
CFD Administrator shall calculate the Maximum Special Tax applicable for such
Fiscal Year in accordance with Table I of Section 3 above, and shall levy the
Maximum Special Tax on all Developed Residential Property.
If a City -wide Tax is approved, owners of Developed Residential Property shall
receive an offset against the City -wide Tax in the amount of any Maximum Special
Tax paid.
5. TERM OF SPECIAL TAX
The Special Tax shall be levied to fund Public Services provided to CFD No. 2013 -1
on any Developed Residential Property for a maximum of twenty (20) years
following the date such property is first classified as Developed Residential Property
and subject to the Special Tax Rates as determined in Table 1 of Section 3 above.
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6. EXEMPTIONS
The City shall classify as Exempt Property: (i) Public Property, (ii) Non - Residential
Property, (iii) Undeveloped Property, (iv) Assessor's Parcels which are used as
places of worship and are exempt from ad valorem property taxes because they are
owned by a religious organization, (v) Assessor's Parcels used exclusively by a
homeowners' association, or (vi) Assessor's Parcels with public or utility easements
making impractical their utilization for other purposes than those set forth in the
easement.
7. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not
correct may file a written notice of appeal with the City Council not later than twelve
months after having paid the first installment of the Special Tax that is disputed. A
representative(s) of CFD No. 2013 -1 shall promptly review the appeal, and if
necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the
representative's decision requires that the Special Tax for an Assessor's Parcel be
modified or changed in favor of the property owner, a cash refund shall not be made,
but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the
subsequent Fiscal Year(s).
8. COLLECTION OF SPECIAL TAXES
Collection of the annual Special Tax shall be made by the County in the same
manner as ordinary ad valorem property taxes are collected and the annual Special
Tax shall be subject to the same penalties and the same lien priority in the case of
delinquency as ad valorem taxes; provided, however, that the City Council may
provide for other means of collecting the Special Tax, including direct billings
thereof to the property owners.
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EXHIBIT E
NOTICE OF PUBLIC HEARING REGARDING THE FORMATION OF
CITY OF BAKERSFIELD POLICE AND FIRE SERVICES
COMMUNITY FACILITIES DISTRICT NO. 2013-1
(WEST MING SPECIFIC PLAN)
AND THE LEVY OF A SPECIAL TAX THEREIN
Wednesday, September 11, 2013 -- Council Chambers City Hall, 1600 Truxtun Avenue,
Bakersfield, CA
NOTICE IS HEREBY GIVEN that on Wednesday, July 17, 2013, the City Council of the City of
Bakersfield (the "City ") duly adopted its Resolution No. (the "Resolution of Intention ") wherein it
declared its intention to form a community facilities district to be known as "City of Bakersfield Police
and Fire Services Community Facilities District No. 2013 -1 (West Ming Specific Plan)" (the
"Community Facilities District ") and to levy a special tax within the Community Facilities District to pay
the costs of specified Police and Fire Services (the "Services "), under and pursuant to the terms and
provisions of the "Mello Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2,
Title 5 of the Government Code of the State of California, commencing with Section 53311 (the "Act ").
This Notice contains a brief summary of the Resolution of Intention, but you are referred to the
full text of the Resolution of Intention on file with the City Clerk (the "Clerk ") for the definitive
description of the proposed Community Facilities District, including a description of the Services, a list of
incidental expenses, and the rate and method of apportionment of the proposed special tax.
The Resolution of Intention sets forth (1) the proposed special tax for the Community Facilities
District, (2) the proposed police and fire services to be funded from the special tax revenues, (3) the
extent of the proposed Community Facilities District; and (4) the proposed establishment of the initial
annual appropriations limit for the Community Facilities District at $2,140,000 for the 2013 -14 fiscal
year.
In order to confer the authority upon the City Council to levy the special tax, a public hearing
must be held on the Resolution of Intention, the City Council must determine to form the Community
Facilities District, and the qualified electors within the Community Facilities District must approve the
authority proposed in the Resolution of Intention by a two - thirds vote. As the Community Facilities
District is uninhabited or inhabited by fewer than 12 registered voters, the qualified electors are, pursuant
to the Act, the owners of property within the Community Facilities District.
THIS IS THE NOTICE OF THE PUBLIC HEARING.
The public hearing will be held during the City Council meeting on Wednesday, the l lth day of
September, 2013, at the Council Chambers City Hall, 1600 Truxtun Avenue, Bakersfield, CA, at the hour
of 5:30 P.M., or as soon thereafter as the City Council may reach the matter.
At the public hearing, any persons interested may appear and be heard, and the oral or
written testimony of all interested persons for or against the establishment of the Community Facilities
District and the levy of the special tax, or the extent of the Community Facilities District, or the
authorization to finance the Police and Fire Services, or the establishment of the appropriations limit, or
on any other matters contained in the Resolution of Intention, will be heard and considered.
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ORIGINAL
Any protests to the proposed authority set forth in the Resolution of Intention may be made orally
or in writing by any registered voters residing and registered within the Community Facilities District or
by any owner of land within the Community Facilities District, except that any protests pertaining to the
regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities
and defects to which objection is made. The City Council may waive any irregularities in the form or
content of any written protest, and at the public hearing may correct minor defects in the proceedings. All
written protests not presented in person by the protester at the public hearing shall be filed with the Clerk
at or before the time fixed for the public hearing in order to be received and considered. Any written
protest may be withdrawn in writing at any time before the conclusion of the public hearing.
Written protests by a majority of the registered voters residing and registered within the
Community Facilities District (if at least six such voters protest), or by the owners of a majority of the
land area within the Community Facilities District not exempt from the proposed special tax, will require
suspension of the proceedings for at least one year. If such protests are directed only against certain
elements of the proposed Services or special tax of the Community Facilities District, only those elements
need be excluded from the proceedings.
The City Manager, the Chief of Police and the Fire Chief have studied the Community Facilities
District and will provide, at or before the time of the public hearing, a report which will contain a brief
description of the Services that in their opinion will be required to adequately meet the needs of the new
development expected to occur within the Community Facilities District, together with an estimate of the
cost of providing the Services, and an estimate of the incidental expenses related thereto. The report will
be available for inspection by the public, and will become a part of the record of the public hearing.
Questions should be directed to Nelson Smith, Finance Director, telephone (661) 326 -3740;
nsmith @bakersfieldcity.us.
Dated: , 2013. Roberta Gafford,
City Clerk, City of Bakersfield
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 22nd day of July . 2013 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 1757 passed by
the Bakersfield City Council at a meeting held on the 17th-day of July, 2013 and
entitled:
AMENDED AND RESTATED RESOLUTION OF THE CITY OF
BAKERSFIELD DECLARING ITS INTENTION TO ESTABLISH THE CITY
OF BAKERSFIELD POLICE AND FIRE SERVICES COMMUNITY
FACILITIES DISTRICT NO. 2013 -1 (WEST MING SPECIFIC PLAN) TO
LEVY A SPECIAL TAX THEREIN TO FINANCE ADDITIONAL POLICE
AND FIRE SERVICES REQUIRED BY NEW DEVELOPMENT WITHIN
THE COMMUNITY FACILITIES DISTRICT.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: Qxj-e-� 66j--
DEP Cit Clerk
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