HomeMy WebLinkAboutROI NO 1076RESOLUTION OF INTENTION NO. 1076
FOR IMPROVEMENT PROJECT
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 90-2
(PALADINO WATER PROJECT)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL (the
"Council") OF THE CITY OF BAKERSFIELD AS FOLLOWS:
1. It is the opinion of the Council and the Council
does find and declare that the public interest, convenience and
necessity require, and it is the intention of the Council to order,
the improvements set forth in Exhibit "A" attached hereto, and by
this reference made a part hereof, in an assessment district
designated City of Bakersfield, Assessment District No. 90-2
("A.D. 90-2"), the exterior boundaries of which are shown on the
map on file with the City Clerk and approved by the Council on
December 19,
2.
assessment
improvements
pursuant to
1990, by Resolution No. 171-90.
It is the intention of this Council to levy an
for the construction and installation of the
described herein. Such assessment will be levied
the Municipal Improvement Act of 1913 (specifically,
Section 10100.6 of Division 12, of the Streets and Highways Code of
the State of California).
3. It is the intention of this Council to enter into an
agreement with California Water Service Company, a California
public utility water corporation, for the installation and
operation of the improvements described in Exhibit "A", as
authorized by Sections 10109 et seq. of the Streets and Highways
Code.
4. Whenever any public way is herein referred to as
running between two public ways, or from or to any public way, the
intersections of the public ways referred to are included to the
extent that work shall be shown on the plans to be done therein.
5. Whenever any work is herein referred to as being
constructed in an easement,
or termini streets to the
plans to be done therein.
it will include all work in intervening
extent that work shall be shown on the
6. Ail of said work and improvements are to be
constructed at the places and in the particular locations, of the
forms, sizes, dimensions, and materials, and at the lines, grades
and elevations as shown and delineated upon the plans, profiles and
specifications to be made therefor, as hereinafter provided.
7. There is to be excepted from the work herein
described any work already done to line and grade and marked
"excepted" or shown "not to be done" on said plans, profiles, and
specifications.
8. Notice is hereby given of the fact that, in many
cases, said improvements will bring the finished work to a grade
different from that formerly existing, and that to said extent,
said grades are hereby changed and the work will be done to said
changed grades.
9. The Council does hereby adopt and establish as the
official grades for such work, the grades and elevations to be
-2-
? %
shown upon said plans, profiles, and specifications. Ail such
grades and elevations are to be in feet and decimals thereof with
reference to the datum plane of the City of Bakersfield.
10. In cases where there is any disparity in level or
size between the improvements proposed to be made herein and
private property and where it is more economical to eliminate such
disparity by work on said private property than by adjustment of
the work on public property, it is hereby determined that it is in
the public interest and more economical to do such work on private
property to eliminate such disparity. In such cases, said work on
private property shall, with the written consent of the owner of
said property, be done and the actual cost thereof may be added to
the proposed assessment of the lot on which said work is to be
done.
11. The descriptions of the improvements to be
constructed and the termini of the work contained in this
not
resolution are general in nature. Ail items of work do
necessarily extend for the full length of the description thereof.
The plans and profiles of the work, and maps and descriptions, as
contained in the Engineer's Report, shall be controlling as to the
correct and detailed description thereof.
12. Said contemplated improvements, in the opinion of
said Council, is of more than local or ordinary public benefit, and
the costs and expenses thereof, together with any expenses
incidental thereto, are made chargeable upon A.D. 90-2, which the
City declares to be the assessment district benefitted thereby.
-3-
The exterior boundaries of A.D. 90-2 are the composite and
consolidated area as more particularly shown on the map of A.D. 90-
2 on file in the office of the City Clerk and approved by the
Council by Resolution No. 171-90 and to which reference is hereby
made for further particulars. Said map indicates by a boundary
line the extent of the territory included in A.D. 90-2 and shall
govern for all details as to the extent of A.D. 90-2. The City
Clerk is directed to endorse, file, and transmit copies of said
map, all as provided in Parts 1 and 2 (beginning with Section 3100)
of Division 4.5 of the Streets and Highways Code.
13. Said Council further declares that all public
streets and highways within A.D. 90-2 and in use in the performance
of public function, shall be omitted from the assessment.
14. Notice is hereby given that serial bonds to
represent the unpaid assessments, bearing interest at the rate of
not to exceed twelve percent (12%) per annum, will be issued
hereunder in the manner provided in the Improvement Bond Act of
1915, Division 10 of the Streets and Highways Code. The last
installment of such bonds shall mature a maximum of thirty-nine
(39) years from the second day of September next succeeding twelve
(12) months from their date. The provisions of Part 11.1 of said
Act, providing an alternative procedure for the advance payment of
assessments and the calling of bonds shall apply.
The Council further determines and declares that the principal
amount of the bonds maturing in each year shall be other than an
-4-
amount equal to an even annual proportion of the aggregate
principal of the bonds.
There shall be included in the total assessment proposed to be
levied herein an incidental expense to cover the estimated cost of
preparing, printing, servicing, and collecting the improvement
bonds proposed to be issued to represent the assessments.
15. Except as herein otherwise provided for the issuance
of bonds, all of said improvements shall be done pursuant to the
provisions of the Municipal Improvement Act of 1913, as amended.
16. Reference is hereby made to proceedings had
concerning A.D. 90-2 pursuant to Division 4 of the Streets and
Highways Code on file in the office of the City Clerk.
17. The proposed improvements are hereby referred to the
Engineer of Work, being a competent person employed by the City for
that purpose; and said Engineer is hereby directed to make and file
with the City Clerk, a report in writing presenting the following:
a. Plans and specifications of the proposed
improvements to be made pursuant to this resolution.
b. A general description of works or appliances
already installed and any other property necessary or
convenient for the operation of the improvements if the works,
appliances, or property are to be acquired as part of the
improvements.
c. An estimate of the costs of the improvements
and of the costs of lands, rights-of-way, easements, and
-5-
incidental expenses in connection with the improvements,
including any cost of registering bonds.
d. A diagram showing, as they existed at the time
this Resolution of Intention, all of the
of the passage of
following:
(1) The exterior boundaries of A.D. 90-2;
(2) The boundaries of any zones within A.D.
90-2;
(3) The lines and dimensions of each parcel
of land within A.D. 90-2.
Each subdivision, including each separate condominium
interest, as defined in Section 783 of the Civil Code, shall
be given a separate number upon the diagram. The diagram may
refer to the County Assessor's maps for a detailed description
of the lines and dimensions of any parcels, in which case
those maps shall govern for all details concerning the lines
and dimensions of the parcels.
(e) A proposed assessment of the total amount of
the costs and expenses of the proposed improvement upon the
several subdivisions of land in A.D. 90-2 in proportion to the
estimated benefits to be received by each subdivision,
respectively, from the improvement.
When any portion or percentage of the costs and expenses
of the improvements is ordered to be paid out of the treasury
of the City, pursuant to Section 10201, the amount of that
portion or percentage shall first be deducted from the total
estimated costs and expenses of the improvements, and said
assessment upon property proposed in the report shall include
only the remainder of the estimated costs and expenses. The
assessment shall refer to said subdivisions by their
respective numbers as assigned pursuant to subdivision (d) of
this Section.
(f) A proposed maximum annual assessment, if any,
upon each of the several subdivisions of land A.D. 90-2 to pay
costs incurred by the City and not otherwise reimbursed which
result from the administration and collection of assessments
or from the administration or registration of any associated
bonds and reserve or other related funds.
18. It is the intention of this Council that all
eligible sums under Section 10112 of the Streets and Highways Code
advanced by the City to A.D. 90-2 shall be reimbursed to said City
from assessment district funds.
19. Notice is hereby given that, in the opinion of the
Council, the public interest will not be served by allowing the
property owners to take the contract for any construction which is
to be performed by the City and that, pursuant to Section 20487 of
the Public Contract Code, no notice of award of contract shall be
published; and further that the improvements of A.D. 90-2 are
proposed to be acquired by the City.
20. It is the intention of this Council to commence and
diligently pursue to completion any foreclosure action regarding
delinquent installments of any assessments which secure said bonds,
-7-
pursuant to California Streets and Highways Code Section 8833(b).
Said foreclosure actions shall be commenced within one hundred
fifty (150) days from the date of delinquency.
21. If any excess shall be realized from the assessment,
the Council may determine, in
law, for one or more of the
in such amount as
provisions of
it shall be used,
accordance with the
following purposes:
a.
Transfer to the general fund of the City,
provided that the amount of any such transfer shall not exceed
the lesser of $1,000 or 5% of the total amount expended from
the improvement fund;
b. As a credit upon the assessment and any
supplemental assessment as provided in Section 10427.1 of the
Streets and Highways Code; or
c. For the maintenance of the improvements.
22. The estimated cost of said project is $1,826,000 of
which the estimated amount of $1,821,000 will be assessed.
23. The City of Bakersfield Public Works Department,
1501 Truxtun Avenue, Bakersfield, California, is hereby designated
as the place to call regarding any protest proceedings for A.D. 90-
2. The City staff may be contacted during the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, in person or by calling (805)
326-3724. The City staff will take contact information and a
representative of the Engineer of Work acting for and on behalf of
the City will respond to questions. Notices to the public may also
provide information for making direct contact with the Engineer.
-8-
24. The City will not obligate itself to advance funds
from the City treasury to cure any deficiency which may occur in
the bond redemption fund. A determination not to obligate itself
shall not prevent the City from, in its sole discretion, so
advancing funds.
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 the 27th day of February, 1991, by the
following vote:
AYES: COUNCILMEMBERS: Peterson, Edwards, DeMond,
McDermott, Salvaggio
NOES: COUNCILMEMBERS: None
Brunni,
ABSENT:
COUNCILMEMBERS: Smith
ABSTENTIONS:
COUNCILMEMBERS: None
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPenD this 27th day of February,
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
[{ichard Har~rov'e
BOND COUNSEL
x~_RS IGNED:
CITY ATTORNEY of the
City of Bakersfield
700371DA.R01
1991
-9-
EXHIBIT A
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO.
(PALADINO WATER PROJECT)
90-2
DESCRIPTION OF IMPROVEMENTS
Extension of community water distribution system to be constructed,
owned and operated by California Water Service Company, including
the construction and installation of water distribution system
pipelines, with fittings, blow offs, fire hydrants and a 3,000
gallon surge tank facility together with all appurenances and
incidental work necessary to complete the same in accordance with
the Plans and Specifications.
H:700371DAoE01
EXHIBIT A