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.
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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 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
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-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.
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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.
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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
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respond to answer cuestions. ~]otices to the public may also pro-
vide information for making direct contact with the Engineers.
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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 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
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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;
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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.