HomeMy WebLinkAboutROI NO 1296RESOLUTION OF INTENTION NO. 1296
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 03-1
(BRIGHTON PLACE/SILVER CREEK 1I)
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 F~xhlhit A, attached
hereto and by this reference incorporated herein, all of which are situated within the City of
Bakersfield Assessment District No. 03-1 (Brighton Place/Silver Creek II), Cotmty 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. 03-1 (Brighton Place/Silver Creek 1I),
County of Kern, State of California".
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES
AND RESOLVES as follows:
1. By its Resolution No. 046-03, adopted on March 26, 2003 ("Resolution
No. 046-03"), this Council accepted a petition submitted by the owner of property situated in the
City of Bakersfield (the "City"), requesting the establishment of an assessment district to be
known as "Assessment District No. 03-1 (Brighton Place/Silver Creek Il/Seven Oaks
Commemial)" (the "Proposed Assessment District") for the purpose of providing for the
acquisition and/or construction of certain public improvements described in the petition, the cost
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of which is to be specifically assessed against each parcel of land benefiting from such
improvements. Since the adoption of Resolution No. 046-03, the property owner submitting the
petition has requested (a) deletion from the Proposed Assessment District of that portion
pertaining to the Seven Oaks Commemial and (b) revision of the name of the Proposed
Assessment District to "Assessment District No. 03-1 (Brighton Place/Silver Creek II)." By its
action to approve the Boundary Map, as set forth in the second recital paragraph above, this
Council has granted such request and adopted the revised name as requested, and said revised
name shall be used in this resolution and future proceedings respecting the Proposed Assessment
District.
2. This Council intends to levy a special assessment upon designated pOrtions
of the land within the Proposed Assessment District in accordance with the special benefit to be
received by each parcel of land, respectively, from the improvement.
3. 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.
4. 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
incunced 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.
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5. Bonds representing unpaid assessments, and beating 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.
6. 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.
7. 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
not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds.
8. 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.
9. 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.
10. 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 April 30, 2003, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 30th day of April, 2003
/,
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERR1NGTON & SUTCLIFFE LLP
Bond Counsel
COUNTERSIGNED:
CITY ATTORNEY of the F ~/
City of Bakersfield
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EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The Assessment District No. 03-i ("AD 03-1") 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:
Brighton Place Area (Tracts Nos. 6111, 6127~ and 6128)
CALLOWAY DRIVE (WEST SIDE) IMPROVEMENTS (TRACTS NOS. 6111 AND 6128
FRONTAGES ):
Construction on the west side of Calloway Drive along the frontage of Tracts Nos. 6111 and 6127
including irrigation service, street lights and conduits, utility trenching for street lights, and block
wall.
JEWETTA AVENUE (WEST SIDE) IMPROVEMENTS (RIO BRAVO CANAL TO STOCKDAI JE
HIGHWAY):
Construction of the westerly half and median in Jewetta Avenue from, and including, the Rio Bravo
Canal bridge to Stockdale Highway, including excavation, sewer, curb, gutter, sidewalk, paving,
median curb and hardscaping, street lights, trenching for street lights, utility trench, traffic signal
relocation at Stockdale Highway, and Rio Bravo Canal bridge.
JEWETTA AVENUE WATER IMPROVEMENTS (RIO BRAVO CANAL TO STOCKDALE
HIGHWAY):
Construction of waterline from Stockdale Highway to the Rio Bravo Canal, including 12- and 8-inch
diameter waterline, fire hydrants, irrigation services, and appurtenances.
JEWETTA AVENUE (FULL WDTH) IMPROVEMENTS (RIO BRAVO CANAL TO NORTH
BOUNDARY OF TRACT NO. 6128):
Construction of the entire street consisting of 4 lanes plus a median from the Rio Bravo Canal to the
north boundary of Tract No. 6128, including excavation, storm drain, sewer, water, curb, gutter,
sidewalk, pavement, street lights, trenching for street lights, utility trench, median curb and
hardscaping, and block wall (along the easterly side of the street only).
ON-S1TE SEWER IMPROVEMENTS:
Reconstruction of a 12-inch diameter sewer line and manholes presently in service to a new
alignment.
Silver Creek II Area (Tract No. 6166)
ASHE ROAD (WEST SIDE) IMPROVEMENTS (TRACT NO. 6166 FRONTAGE):
Construction of block wall and comer sign monuments on the west side of Ashe Road along the
frontage of Tract No. 6166.
PANAMA LANE (NORTH SIDE) IMPROVEMENTS (TRACT NO. 6166 FRONTAGE):
Construction of block wall and comer sign monuments on the north side of Panama Lane along the
frontage of Tract No. 6166.
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 1st day of May , 2003 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1296 .passed by the Bakersfield City Council at a meeting held on the
30th day of May 2003, and entitled:
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-1
(BRIGHTON PLACE/SILVER CREEK II).
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
D~pu~y~ty'~C~'erk ~{~ ~