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Home My WebLink AboutROI NO 1300 RESOLUTION OF INTENTION NO. 1300 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-2 (BUENA VISTA RANCH/BELSERA IIIMONT ARA II/OLNE PARK II) 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 Fxhihit A, attached hereto and by this reference incorporated herein, all of which are situated within the City of Bakersfield Assessment District No. 03-2 (Buena Vista Ranch/Belsera IIIMontara II10live Park II), 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. 03-2 (Buena Vista Ranch/Belsera II1Montara II/Olive Park II), County of Kern, State of California". NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: 1. By its Resolution No. 045-03, adopted on March 26, 2003 ("Resolution No. 045-03"), this Council accepted a petition submitted by the owners of property situated in the City of Bakersfield (the "City"), requesting the establishment of an assessment district to be known as "Assessment District No. 03-2 (Buena Vista Ranch/Belsera IIIMontara II)" (the "Proposed Assessment District") for the purpose of providing for the acquisition and/or DOCSSFl:676681.1 40213-31 SS4 . ?>MlOy (~ ,5~~, - ~ ~ ;) t:' ')R\Gn',;~" construction of certain public improvements described in the petition, the cost of which is to be specifically assessed against each parcel of land benefiting from such improvements. Since the adoption of Resolution No. 045-03, a further petition has been submitted by an additional property owner requesting inclusion in the Proposed Assessment District of property being developed as "Olive Park II", with a resulting change in the name of the Proposed Assessment District to "Assessment District No. 03-2 (Buena Vista RanchlBelsera IIIMontara II10live Park 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 ofthe landowner. 4. This City Council intends, pursuant to subparagraph (1) 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 \,:",p.}(,c. " ,..,~ \ DOCSSFl:676681.1 40213-31 SS4 2 , .~'- >- -. "Hii'.;,(Ij,fc,. registration of the improvement bonds and the various funds and accounts pertaining thereto. 5. 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. 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. * * * DOCSSFl:676681.1 40213-31 SS4 3 'Ah!\;C-,'9 :~ " 'u:<- ~ r';{I(,:t\\j't~ 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 14, 2003, by the following vote: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO AYES, NOES: ABSTAIN, ABSENT COUNCILMEMBER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ~ ~ Ll.fv\ City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield 7/:' MAYOR of the City of Bake APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Co el COUNTERSIGNED: /9;vuiJ tn,~ CITY ATTORNEY of the City of Bakersfield ,. y 'lJ,~. ,,., DOCSSFl:676681.1 40213-31 SS4 4 ~'~~, ")\:1\(,;;\\l;i. EXHIBIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No. 03-2 ("AD 03-2") 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: Buena Vista Ranch Area (Tract No. 6104) BUENA VISTA ROAD (EAST SIDE) IMPROVEMENTS (TRACT NO. 6104 FRONTAGE): Construction on the east side of Buena Vista Road along the frontage of Tract No. 6104 including grading, paving, curb, gutter, sidewalk, median deposit, street lighting, conduits and utility trenching for street lights, block wall, and corner sign monuments. PANAMA LANE (NORTH SIDE) IMPROVEMENTS (TRACT NO. 6104 FRONTAGE): Construction on the north side of Panama Lane along the frontage of Tract No. 6104 including grading, paving, curb, gutter, sidewalk, median deposit, street lighting, conduits and utility trenching for street lights, landscape conduits, block wall, and corner sign monuments. HARRIS ROAD (SOUTH SIDE) IMPROVEMENTS (TRACT NO. 6104 FRONT AGE): Construction on the south side of Harris Road along the frontage of Tract No. 6104 including grading, paving, curb, gutter, sidewalk, street lighting, conduits and utility trenching for street lights, block wall, and corner sign monuments. Belsera II Area (Tract No. 5831 Unit No.3) TRACT NO. 5831 UNIT NO.3 ON-SITE IMPROVEMENTS: Construction of in-tract (on-site) improvements for Tract No. 5831 Unit No.3 including paving, curb, gutter, sidewalk, and driveway approaches. Montara II Area (Tract No. 5829 Unit No.4) TRACT NO. 5829 UNIT NO.4 ON-SITE AND OFF-SITE IMPROVEMENTS: Construction of in-tract (on-site) improvements for Tract No. 5829 Unit No.4 including paving, curb, gutter, sidewalk, dri veway approaches, and, iffunding allows, block wall along Tract No.5829 Unit NO.4 Old Farm Road frontage. ",>;'.~fo ,yo ".},(~. i"'"1\ ~ ~:nb;('.:A' Olive Park II Area (Tract No. 6117 Unit One) OLD FARM ROAD (EAST SIDE) IMPROVEMENTS (TRACT NO. 6117 FRONTAGE): Construction on the east side of Old Farm Road along the frontage of Tract No. 6117 including aggregate base, paving, curb, gutter, and multi-purpose bike trail/sidewalk. TRACT NO. 6117 UNIT ONE ON-SITE STREET IMPROVEMENTS: Construction of in-tract (on-site) street improvements for Tract No. 6117 Unit One including aggregate base, paving, curb, gutter, sidewalk, cross gutters, and driveway approaches. TRACT NO. 6117 UNIT ONE ON-SITE STORM DRAIN IMPROVEMENTS: Construction of in-tract (on-site) storm drain improvements for Tract No. 6117 including storm drain pipes, manholes, catch basins, an outlet structure, storm drain sump excavation, and block wall around the storm drain sump. 2 "i, .<,.;, '., ~;: iT .--1,1,/,h 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 15th day of Mav, 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1300 passed by the Bakersfield City Council at a meeting held on the 14th day of Mav 2003, and entitled: RESOL TUION OF INTENTION FOR CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-2 (BUENA VISTA RANCH/BELSERAII/MONTARAII/OLlVE PARK II). Isl PAMELA A. McCARTHY City Clerk of the City of Bakersfield I~-