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
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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.
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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
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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