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HomeMy WebLinkAboutRES NO 53-86RESOLDTION ~O. 53-86 RESOLUTION REQUESTING APPROVAL OF RESOLUTION OF INTENTION AND BOUNDARY MAP AND CONSENT TO THE UNDERTAKING OF PROCEEDINGS FOR THE ACQUISITION OF SEWER FACILITIES IMPPOVEMENTS - CITY OF BAKERSFIELD ASSESSME~T DISTRICT NO. 86-3 WASTEWATER TREATMENT PLANT ~3 OUTFALL PIPELINE RESOLVED, by the City Council of the City of Bakers- field, Kern County, California, that: WHEREAS, it is the intention of this Council to under- take special assessment and assessment bond proceedings for the acquisition of sewer facilities improvements with inter tie to the sewage treatment system of the City of Bakersfield and to assess the cost of said improvements and the expenses incidental thereto upon the District benefited thereby, being an area which is in the unincorporated area of Kern County more particularly described in a map of the assessment district which is the boundary map and indicates by a boundary line the extent of the territory included in the proposed assessment district and is attached hereto and by reference incorporated herein: WHEREAS, a form of resolution of intention to undertake such proceedings and map indicating by a boundary line the extent of the territory included in the proposed assessment district have been submitted to this Council: WHEREAS, the land to be assessed lies within the unin- corporated territory of the County of Kern: and WHEREAS, the public interest and convenience will be served by the making of said acquisitions and the levyin~ of said assessments. NOW, THEREFORE, IT IS ORDERED as follows: 1. That request be, and the same is hereby made that the Board of Supervisors of the County of Kern approve said pro- posed form of resolution of intention and the boundary map pur- suant to Section 10104 cf the Streets and ~ghways ~ode by the adoption of "A Resolution Approving Form of Resolution of Inten- tion and Boundary Map, and Granting Consent of the County of Kern to the City of Bakersfield for the acquisition of Sewer Facilities Improvements, Assessment District No. 86-3 said form of resolution and the boundary map being hereto attached and incorporated herein by reference. 2. That the City Clerk of this City be, and is hereby directed to file with the Board of Supervisors of the County of Kern, a certified copy of this resolution. ......... o0o ......... 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 the 21st day of May , 1986, by the following vote: AYES: COUNCILMEN: C~ILDS, CHRISTFNSEN, DICKERSON, RATTY, SALVAGGIO NOES: COU~CILMEN: NONE ABSENT: COUNCILMEN: MOORE, SMITH ABSTAINING: COUNCILMEN: NONE CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 21st day of May , 1986. MAYOR of the City of Bak~r~ff~eld APPROVED as to form: ITY /~TORNEY of the City of Bakersfield -2- -I I! MAP OF ASSESSMENT DISTRI(~T CITY OF BAKERSFIELD Wastewater Treatment Plant #30utfall Pipeline RESOLUTION OF INTENTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD, TO ACOUIRE IMPROVEMENTS, ASSESSMENT DISTRICT NO. 86-3, WASTEWATER TREATMENT PLANT #3 OUTFALL PIPELINE City Council of the City of Bakers- RESOLVED, by the field, California, that: 1. In its oDinion the public interest and reguire and it is the intention of said City Council acquisition of improvements described in Exhibit convenience to order the "A" attached hereto, and by this reference made a part hereof, a portion of said improvements to be made in an unincorporated area of the County of Kern in an assessment district designated City of Bakersfield Assessment District No. 86-3, the exterior boundaries of which are hereinafter specified and described. 2. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown in the records in the office of the County Recorder of the County of Kern, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of the of said City of Bakersfield. are to be tions, of the lines, grades and plans, profiles and after provided. 4. All of said work and improvements to be acGuired constructed at the places and in the particular loca- forms, sizes, dimensions and materials, and at the elevations as shown and delineated upon the specifications to be made therefor, as herein- 5. There is to be excepted from the work herein described any of such work already done to line and qrade and marked excepted or shown not to be done oD said plans, profiles and specifications. 6. Motice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby chanqed and that said work will be done to said changed grades. 7. Said City Council does hereby adopt and establish as the official grades for said %~ork the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the County of Kern. 8. In cases where there is any disparity in level or size between the improvements proposed to be made herein and pri- vate property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, %~ith the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. and the q. The descriptions of the improvements to be acquired termini of the work contained in this resolution are nature. All items of work do not necessarily extend for general in the full length of the description thereof. The plans and pro- files of the work, and maps and descriptions, as contained in the Engineer's Report, shall be controlling as to the correct and detailed description thereof. -2- 10. Said contemplated acquisition of improvements, in the opinion of said City Council, is of more than local or ordi- nary public benefit, and the costs and expenses thereof together with any expenses incidental thereto, are made chargeable upon an assessment district, which district said Council declares to be the district benefited thereby, and that the exterior boundaries of said district are the composite and consolidated area as more particularly shown on the map of said district on file in the office of the City Clerk of the City of Bakersfield and approved by said Council by Resolution No. and to which reference is hereby made for further particulars. Said map indicstes by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. The City Clerk is directed to endorse, file and transmit copies of said map, all as provided in Streets and Highways Code, Sections 3110 to 3112, inclusive. 11. Said City Council further declares that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said improvements. 12. Notice is hereby given that serial bonds to repre- sent the unpaid assessments, and bear interest at the rate of not to exceed twelve percent (12%) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Divi- sion 10 of the Streets and Highways Code, the last installment of such bonds shall mature not to exceed thirty-nine (39) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, pro- viding an alternative procedure for the advance payment of assess- ments and the calling of bonds, shall apply. -3- The Council further determines and declares that the principal amount of the bonds maturing in each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds. 13. Except as herein otherwise provided for the issu- ance of bonds, all of said improvements shall be done pursuant to the provisions of the ~4unicipal Improvement Act of 1913, as amended. 14. Reference is hereby made to proceedings had pur- suant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk of the City of Bakersfield. 15. Said proposed acquisition is hereby referred to the of Work, being a competent person employed by said City to make and in writinq, proposed improve- of Intention. Engineer for that purpose: and said Engineer is hereby directed file with the City Clerk of the of said City, a report presenting the following: (a) Maps and descriptions of the lands and easements to be acquired. (b) Plans and specifications of the ments to be acquired pursuant to this Resolution (c) Engineer's statement of the itemized and timated costs and expenses of said improvements and of dental expenses in connection therewith. (d) Diagram showing the assessment district ferred to, and also the boundaries and dimensions of rive subdivisions of land within said district as the total es- the inci- above re- the respec- same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram. (e) A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in the district in proportion to the esti- mated benefits to be received by such subdivisions, respectively, from said improvements, and of the expenses incidental thereto. When any portion or percentage of the cost and expenses of the improvements is to be paid from sources other than assess- ments, the amount of such portion or Dercentage shall first be de- ducted from the total estimated cost and expenses of said improve- ments, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this Section. 16. If any excess shall be realized from the assessment it shall be used, in such amounts as the City Council may deter- mine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund~ (b) As a credit upon the assessment and any supple- mental assessment: or (c) For the maintenance of the improvements. 17. The estimated cost of said project is $ , of which the estimated amount of $ will be assessed. 18. The City of Bakersfield, 1501 Truxtun Avenue, Bakersfield, California, is hereby designated as the place to call regarding any protest proceedincs to be had herein. The City Staff may be contacted durinc the hours of B:00 A.M. to 5:00 P.M., Monday through Friday, in person or by callinc (805) 326-3724. The City staff will take contact information and a representative of the Engineer of work actinc for and on behalf of the City will -5- respond to answer cuestions. ~]otices to the public may also pro- vide information for making direct contact with the Engineers. ......... o0o ......... 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 the day of , 1986, by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: ABSTAINING: COUNCILMEN: APPROVED this day of CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield , 1986. MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield -6- EXHIBIT A 1-13 11-15-85 GENERAL DESCKIPTION OF WORK AND ACQUISITIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT ACQUISITION OF EFFLUENT DISPOSAL PIPELINE FOR WASTEWATER T~EATMENT PLANT NO.3 The work and facilities proposed for acquisition pursuant to City of Bakersfield ("City") special assessment district proceedings (hereinafter referred to as the "District") are generally described as those certain sanitary sewage pipeline works, appliances and appurtenant facilities already installed and certified as complete by the City Public Works Manager ("City Engineer") and generally referred to as the Effluent Disposal Pipeline ("Pipeline") for City of Bakersfield Wastewater Treatment Plant No. 3 ("WTP3"). The Pipeline has been constructed by Tenneco West, Incorporated ("Tenneco") pursuant to those certain Agreements (No. 85-142 and No. 85-224) by and between Tenneco and the City, setting forth the terms and conditions under which Tenneco will use and dispose of treated wastewater effluent discharged from WTP3 into the Pipeline for transport to benefited properties in The District. The approved Pipeline works'to be acquired have been installed in the following described locations: "1. In a 20 foot wide Pipeline Easement located in the Northwest Quarter of Section 33, Township 30, South ("T.30S."), Range 27 East ("R. 27E."), Mount Diablo Base and Meridian ("MDB&M"), from Pipeline Statipn 0+00 located at the discharge point for the WTP3 Effluent Pump Station westerly 2,000 feet, more or less, along a line parallel with the North Line of said Northwest Quarter to approximate Pipeline Station 20+00 located 20 feet, more or less, westerly from the East Line of Section 32, T.30S., R.27E., MDB&M~ 2. Southerly in said Gosford Road right of way a distance of 1,700 feet, more or less, to approximate Pipeline Station 37+00. Westerly from approximate Pipeline Station 37+00 along the centerline of a 20 foot wide Pipeline Easement a distance of 7,910 feet, more or less, to approximate Pipeline Station 116+10. Said Pipeline easement is more particularly described as the South 20 feet of the North Half of said Section 32 and the South 20 feet of the Northeast Quarter of Section 31, T.30S., R..27E., MDB&M, excepting therefrom that portion of the Green Road right of way located in said Northeast Quarter. ¸4. Southerly from approximate Pipeline Station 116+10 along the centerline of a Pipeline Easement a distance of 2,620 feet, more or less, to approximate Pipeline Sta:ion 142+30 located 10 feet northerly, more or less, from the North line of the Taft Highway right of way (06-KER-119). Said Pipeline Easement being more particularly described as the west 20 feet of Lots 18, 23, 26 and 31, in the Southeast Quarter of said Section 31 and being immediately east of, adjacent to and running parallel with the easterly right of way line of Green Road. Westerl½ from approximate Pipeline Station 142+30 across Green Road right of way and along the centerline of a Pipeline Easement a distance of 29,770 feet, more or less, to approximate Pipeline Station 440+00. Said Pipeline Easement being more particularly described as a 20 foot wide strip of land lying adjacent to and running parallel with the north right of way of line of Taft Highway, over and across the West Half of last said Section 31 and continuing across Sections 36, 35, 34, 33, 32 and 31, in T.30S., R.26E.~ MDB&M, to the west line of the Easterly 900 feet of Section 31, T.30S., R.26E.' Southerly from approximate Pipeline Station 440+00 across Taft Highway at approximate POst Mile 20.2/25 and along the centerline of a 20 foot wide Pipeline Easement in Section 6, T.31S., R.26E., MDB&M to the point of intersection of said easement centerline with the Easterly right of way line of Highway Interstate 5 (06-KER-V) at approximate Pipeline Station 460+00. Southwesterly from approximate Pipeline Station 460+00 a distance of 220 feet, more or less, across the right of way for Highway Interstate 5 to the southwesterly boundary line of said right of way. Southwesterly in Section 6, T. 31S., R.26E., MDB&M, along the centerline of a 20 foot wide Pipeline Easement a distance of 580 feet, more or less, to the Pipeline terminus and outfall structure at approximate Pipeline Station 468+00. The scope of eligible work and acquisitions pursuant to the District proceedings includes all of those specific Pipeline works, appliances and appurtenant facilities as shown on the approved Pipeline Plans and Specifications on file with the City Engineer, including all City approved changes to said Plans and Specifications during construction of the Pipeline. The total price paid for City acquisition of the completed Pipeline works, appliances and appurtenant facilities shall be the actual contract prices paid by Tenneco to contractors for construction of the Pipeline and manufacture of the pipe purchased by T6nneco and provided to the contractors for installation, including allowances for cost ~ "increases or decreases resulting from City approved contract change orders. Additional Tenneco costs eligible for reimbursement pursuant to the District proceedings shall include all Tenneco costs incurred to: 1. Design and prepare construction plans and specifications for the Pipeline; 2. Provide contract administration and on-site monitoring of contractor work during pipe manufacturing and Pipeline construction;~ 3. Compute'r analyses related to Pipeline planning, finance, design and construction contract administration; 4. Design and construction control surveys and staking; Interest on project development and construction funds advanced by Tenneco; 6. Pipeline easement and right of way appraisal and acquisition costs and expenses; 7. Appraisal costs incurred by Tenneco to determine the estimated fair market value of assessed properties in the District; 8. Reimbursement of City Plan Review and Inspection Fees charged to the project; Project fees for professional services provided by the assessment engineer, bond counsel, special legal counsel and financial consultant; City assessment administration, processing and filing fees, bond printing costs, and fees paid in advance to provide for bond registration, paying and transfer agent services over the life of the bond issue; II. California Debt Advisory Commission Fee and filing expenses; -2- 12. Bond underwriter discount and establishment of a bond issue reserve; 13. Other costs associated with the doing ~f all incidental work and payment of expenses therefor, as necessary or convenient to accomplish any of the foregoing~ and making all acquisitions auxiliary to any of the foregoing which may be necessary or convenient to complete the same in accordance with the requirements of the City, the County of Kern, any agency of the State of California or the Federal Government, any special district of local government, or any regulated public utility company. 14. The acquisition'of easements, including construction easements necessary by reason of the foregoing described work.