HomeMy WebLinkAboutROI NO 1320 RESOLUTION OF INTENTION NO. 1320
CITY OF BAKERSFIELD ~O~ 1 8 ~ 0
ASSESSMENT DISTRICT NO. 03-3
(Seven Oaks West III/Brighton Place Il/Fairway Oaks South)
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. 03-3 (Seven Oaks West III/Brighton Place Il/Fairway Oaks
South), 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. 03-3 (Seven Oaks West III/Brighton
Place Il/Fairway Oaks South), 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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Where any disparity occurs in level or size between the improvement and
ORIGINAL
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 fi'om 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 hnprovement 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
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
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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 tbr 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 ali claims shall be distributed in accordance with
the provisions of Section 10427.1 of the Streets and Highways Code.
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ORIGIi~,f,~L
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 December 10, 2003,
by the following vote:
O COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
City Clerk and Ex Officio / !
Clerk of the Council of the
City of Bakersfield
APPROVED this 10th da~ of Dec~rnb~,
MAYOR of the City of Bakersfi~d
2003
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ~//~,t~-,~x :~
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ORIGfNAL
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The Assessment District No. 03-3 ("AD 03-3") 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:
Seven Oaks West III Area (Tracts Nos. 6086, 6087, 6150, 6151, 6199, and 6223)
WHITE LANE (NORTH SIDE) IMPROVEMENTS (TRACT NO. 6223 FRONTAGE):
Construction on the north side of White Lane from Windermere Street to Allen Road, including
grading, curb, gutter, sidewalk, paving, block wall with corner sign monuments, median deposit,
storm drain, water, street lighting, traffic signal at the intersection with Allen Road, and utility
trenching for street lights. Landscaping will be included if funding is available.
Al ].EN ROAD (EAST SIDE) IMPROVEMENTS (CHAMBER BOULEVARD TO WI~TE
LANE):
Construction on the east side of Allen Road from Chamber Boulevard to White Lane, including
grading, curb, gutter, sidewalk, paving, block wall, median deposit, storm drain, water, street
lighting, and utility trenching for street lights. Landscaping will be included if funding is available.
CHAMBER BOULEVARD (FULL WIDTH) IMPROVEMENTS (WEST BOUNDARY OF
TRACT NO. 6045 TO ALLEN ROAD):
Construction of the entire street from the west boundary of Tract No. 6045 to Allen Road, including
grading, curb, gutter, sidewalk, paving, block wall with monuments, median curb, storm drain, water,
street lighting, and utility trenching for street lights. Landscaping will be included if funding is
available.
CHAMBER BOULEVARD (SOUTH SIDE) IMPROVEMENTS (WINDERMERE STREET TO
WEST BOUNDARY OF TRACT NO. 6045):
Construction of the block wall with monuments on the south side of Chamber Boulevard from
Windermere Street to the west Boundary of Tract No. 6045. Landscaping will be included if funding
is available.
Brighton Place II Area (Tract No. 6185)
TRACT NO. 6185 IMPROVEMENTS:
The scope of work in this area includes the construction of a traffic signal at the intersection of
Milverton Way and Jewetta Avenue, and the payment of City water availability fees and regional
transportation impact fees for Tract No. 6185.
Fairway Oaks South Area (Tract No. 6079 Units 1 and 3)
OLD RIVER ROAD (WEST SIDE) STREET IMPROVEMENTS (TENTATIVE TRACT NO.
6079 UNITS 1 AND 2 FRONTAGE):
Construction on the west side of Old River Road along the Tentative Tract No. 6079 Units I and
2 frontages (from the Southern Pacific Railroad right-of-way on the north to the futura Snowden
Avenue in Tract No. 6079 Unit 1 on the south), including curb, gutter, paving and aggregate
base, median, street lights, street signs, and block wall.
OLD RIVER ROAD WATER IMPROVEMENTS:
Construction of waterline from the end of the existing waterline in Old River Road located about 500
feet north of the Southern Pacific Railroad right-of-way to future Snowden Avenue in Tract No.
6079 Unit 1, including 12-inch diameter water line, irrigation service, 100-foot long bore under the
Southern Pacific Railroad right-of-way, and appurtenances.
ON-SITE SEWER IMPROVEMENTS (TENTATIVE TRACT NO. 6079):
Construction of the on-site sewer system for Tentative Tract No. 6079, including 8- and 10-inch
diameter sewer line from Mountain Vista Drive to Old River Road (from west to east boundaries of
Tentative Tract No. 6079, in future Lerwick Avenue, Cobblestone Avenue, and Snowden Avenue)
with manholes and clean outs.
ON SITE STORM DRAIN IMPROVEMENTS (TRACT NO. 6079 UNITS 1 AND 3):
Construction of the on-site storm drain system, including 18-, 24-, 30-, and 36-inch diameter
pipelines with manholes and catch basins, and a complete storm drain sump with all required
excavation, outlet structures, catch basins, block wall, and gates.
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ORIGINAL