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HomeMy WebLinkAboutROI NO 1368RESOLUTION OF INTENTION NO. 1368 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 (SOLERA/RIO VISTA) 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. 04-3 (SoleradRio Vista), 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. 04-3 (Solera/Rio Vista), County of Kem, 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:790926.1 40213 35 SS4 ORIGINAL 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 Califomia 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 DOCSSF1: 790926.1 ~ 40213-35 SS4 2 > OrqiG:NAL 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:790926.1 40213-35 $S4 3 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 January 26, 2005, by the following vote: 5~ COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SC~VNER Clerk and Ex Officio City Clerk of the Council of the City of Bakersfield APPROVED this 26th day of January, 2005 HARVEY L. HALL APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCL1FFE LLP APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney DOCSSFl:790926.1 40213~35 SS4 4 OSiG!NAL EXHIBIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No. 04-3 ("AD 04-3") Improvements include the construction and installation as separate systems of certain utility system improvements to be owned and operated by California Water Service Company ("Cai Water") pursuant to a proposed agreement between the City of Bakersfield and Cai Water, the payment of certain Cai Water facilities capacity charges or fees, appurtenances and incidental work in connection therewith, and are generally described as follows: Paladino Drive, Masterson Street, and Highway 178 Water Improvements Construction of: (i) a 30-inch diameter water line with appurtenances in Paladino Drive from the waterline stub at Valley Lane easterly to Masterson Street, (ii) a 24-inch diameter water line with appurtenances in Masterson Street from approximately 400 feet north of Paladino Drive southerly to Highway 178, (iii) a 24-inch diameter water line with appurtenances on the south side of Highway 178 from Masterson Street northeasterly to Vista Finestra, and (iv) a booster pump station near the intersection of Paladino Drive and Masterson Street.