HomeMy WebLinkAboutROI NO 1357RESOLUTION OF INTENTION NO. 1357
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 04-2
(BRIGHTON PARKS/BRIGHTON VILLAGE/
STOCKDALE AT ALLEN COMMERCIAL/CHERRY HILL 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 Exhibit A, attached
hereto and by this reference incorporated herein, all of which are situated within the City of
Bakersfield Assessment District No. 04-2 (Brighton Parks/Brighton Village/Stockdale at Allen
Commercial/Cherry Hill 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. 04-2 (Brighton Parks/Brighton
Village/Stockdale at Allen Commercial/Cherry Hill I1), 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 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
required by Section 10204 of the Streets and Highways Code, as supplemented by Section 4 of
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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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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 15, 2004,
by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SC~VNER
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERR1NGTON & SUTCLIFFE LLP
Bond Counsel
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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4
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The Assessment District No. 04-2 ("AD 04-2") 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:
Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area
STOCKDALE HIGHWAY (NORTH SIDE) IMPROVEMENTS (TENTATIVE PARCEL MAP NO.
l 1192 FRONTAGE):
Construction on the north side ofStockdale Highxvay along the frontage of Tentative Parcel Map No.
1 1192, including grading, paving, curb, gutter, sidewalk, street signs, median curb, striping and
pavement markings, street lighting and conduits and puli boxes for street lighting, median deposit,
water line crossings, and traffic signal at the entryway to the future commercial site.
ALLEN ROAD (EAST SIDE) IMPROVEMENTS (TENTATIVE PARCEL MAP NO. 11192 AND
TRACT NO 6281 FRONTAGES):
Construction on the east side of Allen Road along the frontages of Tentative Parcel Map No. 11192
and Tract No. 6281 (from Stockdale Highway to approximately 300 feet north of future San Juan
Avenue), including grading, paving, curb, gutter, sidewalk, street signs, median curb, median
hardscape, striping and pavement markings, street lighting and conduits and pull boxes for street
lighting, storm drain pipeline with manholes, and traffic signal at the intersection of Allen Road and
future San Juan Avenue.
SAN JUAN AVENUE (ENTIRE STREET) iMPROVEMENTS:
Construction of San Juan Avenue (entire street) from Allen Road to the most easterly boundary of
Tract No. 6281, including grading, paving, curb, gutter, sidexvalk, driveways and handicap ramps,
streets signs, median curb, median hardscape, street lighting and conduits and pull boxes for street
lighting, water line with appurtenances, sanitary sewer pipeline with manholes, storm drain pipeline
with manholes and catch basins, and a complete storm drain sump (located on the south side of San
Juan Avenue) with all required excavation, outlet structures, block wall, and access gate.
JEWETTA AVENUE TRAFFIC SIGNAL IMPROVEMENTS:
Construction of a traffic signal at the intersection of Jewetta Avenue and future Wincanton Drive
(at the access point to Tract No. 6250).
CITY FACILITIES FEES:
Payment of City water availability fees for Tract No. 6250, Tract No. 6281, and Tentative Parcel
Map No. 11192, and payment of City park land in-lieu fees for Tract No. 6250 and Tract No. 6281.
ORiG~,JA[
Cherry Hill II Area
OLD FARM ROAD (EAST SIDE) IMPROVEMENTS (TRACT NO. 6153 UNITS THREE AND
FOUR FRONTAGES):
Construction on the east side of Old Farm Road along the frontages of Tract No. 6153 Units Three
and Four, including grading, paving, curb, gutter, multi-purpose bike trail, and subdivision block
wall (~vith retainers where required).
RE1NA ROAD (SOUTH SIDE) IMPROVEMENTS (TRACT NO. 6153 UNIT THREE FRONTAGE):
Construction on the south side of Reina Road along the frontage of Tract No. 6153 Unit Three,
including grading, paving, curb, gutter, sidewalk, and subdivision block wall (with retainers where
required).
TRACT NO. 6153 UNITS THREE AND FOUR ON-SITE STREET IMPROVEMENTS:
Construction of the in-tract (on-site) streets for Tract No. 6153 Units Three and Four, including
grading, paving, curb, gutter, sidewalk, driveway approaches, and cross gutters.
TRACT NO. 6153 UNITS THREE AND FOUR ON-SITE SEWER IMPROVEMENTS:
Construction of the complete in-tract (on-site) sanitary sewer system for Tract No. 6153 Units Three
and Four, 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 Units
Three and Four.
TRACT NO. 6153 UNITS THREE AND FOUR ON-SITE STORM DRAIN IMPROVEMENTS:
Construction of the complete in-tract (on-site) storm drain system for Tract No. 6153 Units Three
and Four, including l 8- and 24-inch diameter pipelines with manholes and catch basins.
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 December, 2004 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1351 .passed by the Bakersfield City Council at a meeting held on the
15th day of December, 2004 and entitled:
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO 04-2
(BRIGHTON PARKS/BRIGHTON VILLAGE/
STOCKDALE AT ALLEN COMMERCIALJCHERRY HILL II)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Deput~ City -
ORIGINAl