Loading...
HomeMy WebLinkAboutROI NO 1264RESOLUTION OF INTENTION NO. 1264 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-3 (MADISON GROVE/SAN LAUREN/MOUNTAIN VISTA/WESTLAKE) WHEREAS, under the authority of the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), this Council intends to order the acquisition and/or construction of the improvements described in Exhibit A~ attached hereto and by this reference incorporated herein, all of which are situated within the City of Bakersfield Assessment District No. 01-3 (Madison Grove/San Lauren/Mountain VistadWestlake), County of Kern, State of California; and WHEREAS, this Council finds that the land specially benefited by the improvement is a portion of the land shown within the boundaries shown on the Boundary Map previously approved by resolution of this Council, said benefited portion of the land being shown thereon by a shaded tone. The land within the exterior boundaries shown on the map shall be designated "City of Bakersfield Assessment District No. 01-3 (Madison Grove/San Lauren/Mountain Vista/Westlake), County of Kern, State of California". NOW, THEREFORE, THE CITY COUNCIL HEREBY F1NDS, DETERMINES AND RESOLVES as follows: 1. This Council intends to levy a special assessment upon designated portions of the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. DOCSSFl:593951.1 40213-28-02/27/02 6:57 PM 2. Where any disparity occurs in level or size between the improvement and private property, this Council determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. 3. This City Council intends, pursuant to subparagraph (f) of Section 10204 of the California Streets and Highways Code, to provide for an annual assessment upon each of the parcels of land in the proposed assessment district to pay various costs and expenses incurred from time to time by the City and not otherwise reimbursed to the City which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto. 4. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. 5. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1, Division 10, of the Streets and Highways Code of the State of California. 6. The City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. A determination DOCSSFl:593951.l 40213-28-02/27/02 6:57 PM 2 not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds. 7. This Council appoints the Director of Public Works of the City as Engineer of Work for this project, and directs the preparation of the report containing the matters required by Section 10204 of the Streets and Highways Code, as supplemented by Section 4 of Article XIIID of the California Constitution. 8. In the opinion of this Council, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement as otherwise permitted in Section 20485 of the Public Contract Code. 9. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be distributed in accordance with the provisions of Section 10427.1 of the Streets and Highways Code. DOCSSFl:593951.1 40213 28-02/27/02 6:57 PM 3 ~FtiGINA~ 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 March 20, 2002, by the following vote: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER City Clerk and Ex Offici8~ Clerk of the Council of the City of Bakersfield APPROVED this 20th day of March, 2002 MAYOR of the City of Bakersfield / APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Counsel COUNTERSIGNED: CITY ATTORNEY of the t(,~ City of Bakersfield DOCSSFl:589809.1 40213-28 4 EXH1BIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No. 01-3 ("AD 01-3") Improvements include the construction and installation as separate systems of certain City of Bakersfield ("City") owned infrastructure improvements, or certain utility system improvements to be owned and operated by regulated public utility companies, the payment of certain City facilities capacity charges or fees, appurtenances and incidental work in connection therewith, and are generally described as follows: Madison Grove Area (Tract No. 5993) CALLOWAY DRIVE IMPROVEMENTS (NORTH BOUNDARY OF TRACT NO. 5978 TO SNOW ROAD): Construction of the west side of the street including grading, curb, gutter, paving, street signs, sidewalk, storm drain, water, street lighting, utilities for street lighting, traffic signal interconnection conduit, and block wall. SNOW ROAD IMPROVEMENTS (CALLOWAY DRIVE TO FRIANT KERN CANAL): Construction of the south side of the street including grading, curb, gutter, sidewalk, paving, storm drain, street lighting, utilities for street lighting, traffic signal interconnection conduit, and block wall. North San Lauren Area (Tract No. 6013) HAGEMAN ROAD IMPROVEMENTS (MOHAWK STREET TO LANDCO DRIVE): Construction of the entire street including grading, curb, gutter, paving, street signs, sidewalk, street lighting, utilities for street lighting, traffic signal interconnection conduit, and block wall (along the Tract No. 6013 southern frontage). KNUDSEN DRIVE IMPROVEMENTS (HAGEMAN ROAD TO NORTH BOUNDARY OF TRACT NO. 6013): Construction of the entire street including grading, curb, gutter, paving, street signs, sidewalk, storm drain, street lighting, utilities for street lighting, and traffic signal interconnection conduit. South San Lauren Area (Tracts Nos. 6003 and 6042~ MOHAWK STREET IMPROVEMENTS (HAGEMAN ROAD TO SOUTH BOUNDARY OF TRACT NO. 6042): Construction of the west side of the street (plus one northbound center travel lane) including grading, curb, gutter, sidewalk, storm drain, paving, median curb, stamped concrete in the median, street lighting, utilities for street lighting, traffic signal interconnection conduit, and block wall along the Tracts Nos. 6003 and 6042 easterly frontages, and only two center travel lanes (with no median) between the north boundary of Tract No. 6003 and Hageman Road. KREBS ROAD IMPROVEMENTS (MOHAWK STREET TO EAST BOUNDARY OF TRACT NO. 6003 "PHASE 1"): Construction of the south side of the street including grading, curb, gutter, sidewalk, paving, and street lighting. Mountain Vista Area (Tract No. 6082) MOUNTAIN VISTA DRIVE IMPROVEMENTS (ALONG WEST BOUNDARY OF TRACT NO. 6082): Construction of the east side of the street including grading, curb, gutter, paving, sidewalk, street lighting, block wall, and landscaping. CULVERT CROSSING OF BUENA VISTA CANAL TO OLD RIVER ROAD IMPROVEMENTS: Construction of a concrete culvert crossing over the existing Buena Vista Canal from Old River Road to the future Discovery Ridge Avenue in Tract No. 6082, including grading, curb, gutter, paving, sidewalk, and block wall. TRACT NO. 6082 ON-S1TE IMPROVEMENTS: Construction of the in-tract (on-site) improvements for Tract No. 6082 including sewer and water lines with appurtenances. Westlake Area (Tract No. 6077) OLIVE DRIVE IMPROVEMENTS (IN AND ALONG TRACT NO. 6077): Construction of th entire street including grading, curb, gutter, sidewalk, paving, street lighting, block wall, water, and storm drain improvements (at locations shown in the assessment distr/ct application). VERDUGO LANE IMPROVEMENTS (IN AND ALONG TRACT NO. 6077): Construction of the entire street including grading, curb, gutter, sidewalk, sewer, water, paving, street lighting, and block wall, from Olive Drive to the southern boundary of Tract No. 6077. REINA ROAD IMPROVEMENTS (ALONG TRACT NO. 6077): Construction of the north side of the street including grading, curb, gutter, sidewalk, paving, and block wall. Olive Park Area (Tract No. 5625) TRACT NO. 5625 ON-SITE IMPROVEMENTS: Construction of in-tract (on-site) improvements for Tract No. 5625 including storm drain pipelines with appurtenances, sump excavation, sump block wall and gates, curb, gutter, sidewalk, paving, and wheelchair ramps. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS, County of Kern ) PAMELA A. McCARTHY, 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 21st day of March ,2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1264 .passed by the Bakersfield City Council at a meeting held on the 20th day of March 2002, and entitled: CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-3 (MADISON GROVE/SAN LAUREN/MOUNTAIN VISTA/WESTLAKE). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield