HomeMy WebLinkAboutROI NO 1276RESOLUTION OF iNTENTION NO. 1276
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 02-1
(AVALON/BELSERAfMONTARA/THE WOODS)
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. 02-1 (Avalon/BelseraJMontara/The Woods), 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. 02-1 (Avalon/BelseraJMontaraJThe
Woods), County of Kern, State of California".
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, 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.
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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
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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.
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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 May 22, 2002, by the
following vote:
CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULL1VAN, SALVAGGIO
AYES: COUNCILMEMBER
NOES: COUNC1LMEMBER ~
ABSTAIN: COUNCILMEMBER ~
ABSENT: COUNCILMEMBER ~
.City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 22nd day of May, 2002
M/A'/Y~R o~th&ity o~B~fisfi;ld
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
Bond Counsel
COUNTERSIGNED:
CITY ATTORNEY of the ~ff
City of Bakersfield
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EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The Assessment District No. 02-1 ("AD 02-1") 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:
Avalon Area (Tract No. 5968)
OLIVE DRIVE IMPROVEMENTS (EAST TO WEST BOUNDARY OF TRACT NO. 5968):
Construction of the entire street including grading, paving, curb, gutter, sidewalk, and median
(hard surface only).
TRACT NO. 5968 ON-SITE IMPROVEMENTS:
Construction of in-tract (on-site) improvements for Tract No. 5968 including storm drain
pipelines with appurtenances, sump excavation, and sump block wall with gates.
Belsera Area (Tract No. 5831 Unit No. 4)
OLIVE DRIVE IMPROVEMENTS (OLD FARM ROAD TO WEST BOUNDARY OF TRACT
NO. 5831 UNIT NO. 4):
Construction of the south side of the street including grading, paving, curb, gutter, wheel chair
ramps, street signs, sidewalk, street lighting, and traffic signal interconnection conduit.
OLD FARM ROAD IMPROVEMENTS (OLIVE DRIVE TO SOUTH BOUNDARY OF
TRACT NO. 5831 UNIT NO. 4):
Construction of the west side of the street including grading, paving, curb, gutter, wheel chair
ramps, street signs, sidewalk, street lighting, traffic signal interconnection conduit, street lighting
conduit, block wall, and landscaping.
ORiGiNAL
Montara Area (Tract No. 5829 Unit No. 3)
SNOW ROAD IMPROVEMENTS (JEWETTA AVENUE TO WEST BOUNDARY OF
TRACT NO. 5829 UNIT NO. 3):
Construction of the south side of the street including grading, paving, curb, gutter, sidewalk,
wheel chair ramps, street signs, street lighting, and traffic signal interconnection conduit.
JEWETTA AVENUE IMPROVEMENTS (SNOW ROAD TO SOUTH BOUNDARY OF
TRACT NO. 5829 UNIT NO. 3):
Construction of the west side of the street including grading, paving, curb, gutter, sidewalk, street
signs, street lighting, traffic signal interconnection conduit, block wall, and landscaping.
The Woods Area (Tract No. 6066)
AKERS ROAD IMPROVEMENTS (BERKSHIRE ROAD TO SOUTH BOUNDARY OF
TRACT NO. 6066):
Construction of the west side of the street including grading, paving, curb, gutter, sidewalk, and
block wall.
BERKSHIRE ROAD IMPROVEMENTS (AKERS ROAD TO WEST BOUNDARY OF
TRACT NO. 6066):
Construction of the south side of the street including grading, paving, curb, gutter, sidewalk, and
6-inch diameter sanitary sewer line with manholes.
TRACT NO. 6066 ON-SITE IMPROVEMENTS:
Construction of in-tract (on-site) improvements for Tract No. 6066 including approximately 80
feet of 24-inch diameter storm drain pipeline with appurtenances, sump excavation, and sump
chain link fence with gates.
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