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HomeMy WebLinkAboutRES NO 71-86RESOLUTION NO. 7i-86 RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-3 WHEREAS, all of the owners of more than 60% in area of the property subject to assessment therefor have signed and filed with the City Clerk of the City of Bakersfield a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited by said improvements, and waiving proceedings under Division 4 of the Streets and Highways Code, for the acqui- sitions set forth in Exhibit "A" attached hereto and by reference incorporated herein; and WHEREAS, the costs and expenses of said contemplated acquisitions are to be chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior bounda- ries of the composite and consolidated area shown on the map thereof on file in the office of the City Clerk to which reference is hereby made for further particulars; and WHEREAS, the public interest and convenience will be served by the taking of said proceedings. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED that all of the owners of more than 60% in area of the property subject to assessment for said proposed acquisitions have filed with the City Clerk of this City a written petition for the acquisition of improvements pursuant to appropriate special assessment and assessment bond acts, without further compliance with the provisions of Division 4 of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED AND ORDERED that said proceedings for the acquisition of said improvements shall be had pursuant to the Municipal Improvement Act of upon the unpaid assessments thereof shall be the Improvement Act of 1915. IT IS FURTHER FOUND, DETERMINED AND 1913 and the bonds issued pursuant to ORDERED that the provisions of Division 4 of the Streets and Highways Code be, and they are hereby, dispensed with. ......... 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 18th day of June , 1986, AYES: NOES: ABSENT: ABSTAINING: by the following vote: COUNCILMEN: Salvaggio, Smith, Dickerson, Moore, COUNCILMEN: None COUNCILMEN: None COUNCILMEN: None Childs, Christensen, Ratty CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 18th day of June MAYOR of the City of BakerSfield APPROVED as to form: Bakersfield , 1986. 2 6-11-86 EXHIBIT "A" ENGINEER'S REPORT GENERAL DESCRIPTION OF WORK AND ACQUISITIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-3 ACQUISITION OF EFFLUENT DISPOSAL PIPELINE FOk. WASTEWATER TREATMENT PLANT 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, No. 85-244 and No. 86-75) 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 are to be installed in the following described locations: 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 Station 0+00 located at the discharge point for the WTP3 Effluent P~np 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. 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 Station 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 decribed as the west 20 feet of Lots 18, 23, 26 and 31, in the Southeast Quarter os said Section 31 and being immediately east of, adjacent to and running parallel with the easterly right of way line of Green Road. Westerly from approximate Pipeline Station 142+30 across Green Road Right of way and along the centerline of a Pipeline Easement a distance of 29,700 feet, more or less, to approximate Pipeline Station 440+00. Said Pipeline Easement being more particularly decribed 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. A-! 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) approximate Pipeline Section 460+00. Southwesterly from approximate Pipeline Station 460+00 a distance of 220 feet, more or less, across the right of way for Highway Intestate 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 change 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 Tenneco 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 reimbursemement 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. Computer analyses related to Pipeline planning, finance, design and construction contract administration; 4. Design and construction control surveys and staking; 5. Interest on project development and construction funds advanced by Tenneco; 6. Pipeline easement and right of way appraisal and acquisition costs and expenses, including condemnation expenses, if any; 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; 9. Project fees for professional services provided by the assessment engineer, bond counsel, special legal counsel, financial consultant, and appraisers; 10. 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. 11. California Debt Advisory C~mission Fee and filing expenses; A-2 12. 13. 14. Bond underwriter discount and establishment of a bond issue reserve: Other costs associated with the doing of 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. The acquisition of easements, including construction easements necessary by reason of the foregoing described work. A-3