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HomeMy WebLinkAboutROI NO 1336RESOLUTION OF iNTENTION NO. 1336 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park III) 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 Fxhibit A, attached hereto and by this reference incorporated herein, all of which are situated within the City of Bakersfield Assessment District No. 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park III), 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. 04-1 (Countryside/The Homestead/Cherry Hill/Olive Park llI), 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. 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 DOCSSFl:746180.1 40213 32 SS4 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 Califomia. 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 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. DOCSSFl:746180.1 40213-32 SS4 3 ORIGINAL 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 26, 2004, by the following vote: ~ COUNCILMEMBER NOES: COUNCILMEMBER [k,CYkk ABSTAIN: COUNCILMEMBEK ~ ABSENT: COUNCILMEMBER }~,U3'x''l~ CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULL1VAN, SALVAGGIO MAYOR of the City City Clerk and Ex Officio ~,/ Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Counsel By APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney DOCSSFl:746180.1 40213 32 SS4 4 ORIGINAL EXHIBIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No. 04-1 ("AD 04-1") 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: Countryside Area {Tract No. 6118 and Tract No. 6195) SNOW ROAD (SOUTH SDE) IMPROVEMENTS (TRACTS NOS. 6118 AND 6195 FRONTAGES): Construction on the south side of Snow Road along the frontages of Tract No. 6118 and Tract No. 6195, including grading, paving, curb, gutter, sidewalk, handicap ramps, street signs, median deposit, water, street lighting, and conduits and utility trenching for street lighting. OLD FARM ROAD (WEST SIDE) IMPROVEMENTS (TRACT NO. 6118 FRONTAGE): Construction on the west side of Old Farm Road along the frontage of Tract No. 6118, including grading, paving, curb, gutter, sidewalk, handicap ramps, street signs, median deposit, water, street lighting, and conduits and utility trenching for street lighting. OLIVE DRIVE (NORTH SIDE) IMPROVEMENTS (TRACTS NOS. 6118 AND 6195 FRONTAGES): Construction on the north side of Olive Drive along the frontages of Tract No. 6118 and Tract No. 6195, including grading, paving, curb, gutter, sidewalk, handicap ramps, streets signs, median curb, water, storm drain, street lighting, and conduits and utility trenching for street lighting. ALLEN ROAD (EAST SIDE) IMPROVEMENTS (TRACT NO. 6195 FRONTAGE): Construction on the east side of Allen Road along the frontage of Tract No. 6195, including grading, paving, curb, gutter, sidewalk, handicap ramps, street signs, median deposit, water, street lighting, and conduits and utility trenching for street lighting. The Homestead Area (Tract No. 6234) RE1NA ROAD (SOUTH SIDE) IMPROVEMENTS (TRACT NO. 6234 FRONTAGE): Construction on the south side of Reina Road along the frontage of Tract No. 6234, including grading, paving, striping, curb, gutter, sidewalk, street signs, street lighting and conduits for street lighting, and subdivision block wall (with retainers where required). OLD FARM ROAD (WEST SIDE) IMPROVEMENTS (TRACT NO. 6234 FRONTAGE): Construction on the west side of Old Farm Road along the frontage of Tract No. 6234, including grading, paving, striping, curb, gutter, sidewalk, street signs, median curb, street lighting and conduits for_street and subdivision block wall. oq ~"'~W~, lighting, -2.; ORIGINAL NORIEGA ROAD (NORTH SIDE) IMPROVEMENTS (TRACT NO. 6234 FRONTAGE): Construction on the north side of Noriega Road along the frontage of Tract No. 6234, including grading, paving, striping, curb, gutter, sidewalk/multi purpose trail, streets signs, street lighting and conduits for street lighting, and subdivision block wall (with retainers where required). TRACT NO. 6234 ON-SITE STORM DRAIN IMPROVEMENTS: Construction of the complete in-tract (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, an outlet structure, and block wall (with retainers where required). Cherry ltill Area (Tract No. 6153 Unit Two) TRACT NO. 6153 UNIT TWO ON-SITE STREET IMPROVEMENTS: Construction of the in-tract (on-site) streets for Tract No. 6153 Unit Two, including grading, paving, curb, gutter, sidewalk, driveway approaches, and cross gutters. TRACT NO. 6153 UNIT TWO ON-SITE SEWER IMPROVEMENTS: Construction of the complete in-tract (on-site) sanitary sewer system for Tract No. 6153 Unit Two, including 6-, 8-, and 10-inch diameter pipelines with manholes and clean-outs, and 4-inch diameter sewer laterals (up to the lot property lines) for all residential lots in Tract No. 6153 Unit Two. TRACT NO. 6153 UNIT TWO ON-SITE STORM DRAIN IMPROVEMENTS: Construction of the complete in-tract (on-site) storm drain system, including 18-, 24-, 30-, and 36-inch diameter pipelines with manholes and catch basins. Olive Park III Area (Tract No. 6117 Unit Three) JEWETTA AVENUE (WEST SDE) IMPROVEMENTS (TRACT NO. 6117 UNIT THREE FRONTAGE): Construction on the west side of Jewetta Avenue along the frontage of Tract No. 6117 Unit Three, including curb, gutter, sidewalk, street signs, street lighting and conduits for street lighting, and subdivision block wall (with retainers where required). TRACT NO. 6117 UNIT THREE ON-SITE STREET IMPROVEMENTS: Construction of the in-tract (on-site) streets for Tract No. 6177 Unit Three, including grading, paving, curb, gutter, sidewalk, driveway approaches, cross gutters, street signs, and street lights. ORIGINAL 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 11th day of June , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1336 passed by the Bakersfield City Council at a meeting held on the 26th day of May 2004 and entitled: A RESOLUTION OF INTENTION NO 1336. CiTY OF BAKERSFIELD ASSESSMENT DISTRICT NO 04-1 (COUNTRYSIDE/THE HOMESTEAD/CHERRY HILL/OLIVE PARK III) Is~ PAMELA A. McCARTHY City Clerk of the City of Bakersfield Deput~, City Cle~ - 0 ORIGINAL