HomeMy WebLinkAboutROI NO 1211RESOLUTION OF INTENTION NO. 1211
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 99-2
(SEVEN OAKS WEST)
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. 99-2 (Seven Oaks West), 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 the City Council and on file with the City Clerk, 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. 99-2 (Seven
Oaks West), County of Kern, State of California".
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES
AND RESOLVES as follows:
h 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.
DOCSSF1:421035.2
40213-23 SS4
2. Where any disparity occurs in level or size between the improvement and
pr/vate 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 High~vays 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
DOCSSF1:421035,2
40213-23 SS4 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.
DOCSSFI:421035.2
40213-23 SS4 3
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 15, 2000, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CARSON, DEMOND, MAGGAKD, COUCH, .XE',\'LE$, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~,~ ~l {g
COLrNCILMEMBER
COUNCILMEMBER ~ ~ I~J
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 15th day of March, 2000
MAY~I~ of the City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
Bond Counsel
COUNTERSIGNED:
City of Bakersfield
DOCSSF1:421035.2
40213-23 SS4 4
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The Assessment District No. 99-2 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:
The construction of street improvements including curb, gutter, sidewalk, paving, street lights, traffic
signals, storm drain, sewer, and water lines, block walls, and landscaping at the locations listed
below.
Section 12 - Residential Development Area
WHITE LANE, EAST HALF MILE (WINDERMERE STREET TO BUENA VISTA ROAD):
Construction of the north side of the street includes median deposit, pavement, curb, gutter,
sidewalk, street lighting, storm drain, sewer and water. Depending on availability of funds, the
expanded intersection at Buena Vista Rd. south of the Section 12 section line along with necessary
right-of-way shall also be included.
MiNG AVENUE - GRAND ISLAND AVE. TO BUENA VISTA ROAD, SOUTH HALF:
Construction of the south half of the street plus one 14' wide west bound lane including median curb,
pavement, curb, gutter, sidewalk, street lighting, sewer, water and utility relocation as required.
BUENA VISTA ROAD IMPROVEMENTS:
Tract 5936 Frontage:
Construction of the west side of the street includes pavement widening, curb, gutter, sidewalk, street
lighting, sewer and water.
Tract 5946 & Golf Course Frontage:
Construction of the west side of the street includes pavement widening, curb, gutter, sidewalk, street
lighting, sewer and water.
Tract 5928 Frontage:
Construction of the west side of the street includes pavement widening, curb, gutter, sidewalk, street
lighting, sewer and water.
CHAMBER BLVD. IMPROVEMENTS:
Tract 5928 Frontage:
Construction of the whole street section including median curb, pavement, curb, gutter, sidewalk,
street lighting, storm drain, sewer, water and blockwall.
Park and School Frontage:
Construction of the whole street section including median curb, pavement, curb, gutter, sidewalk,
street lighting, storm drain, sewer and water.
Section 1 - Commerce Development Area
MING AVENUE - NORTH HALF 800 L.F. WEST FROM BUENA VISTA ROAD:
Construction of the north side of the street including the remaining two lanes of paving, curb,
gutter, sidewalk, street lighting, and storm drain.
BUENA VISTA RD. - MiNG AVE. TO KERN RIVER CANAL:
Construction of the west side of the street including the remaining two lanes of paving, curb,
gutter, sidewalk, street lighting, and storm drain.
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 16th day of March ,2000 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1211 passed by the Bakersfield City Council at a meeting held on the
15th day of March 2000, and entitled:
RESOLUTION OF INTENTION NO. 1211, CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 99-2 (SEVEN OAKS WEST)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
B
S:\DOCUMENT~FORMS~AOPOSTI NGROI.WPD
March 16, 2000