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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