HomeMy WebLinkAboutRES NO 154-85RESOLUTION NO. 154-85
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD CONSENTING TO ASSUMPTION OF JURIS-
DICTION BY BOARD OF DIRECTORS OF THE EAST
NILES COMMUNITY SERVICES DISTRICT FOR THE
FORMATION OF ITS ASSESSMENT DISTRICT NO. 4.
WHEREAS, the East Niles Community Services District (the
"District") intends to form an assessment district pursuant to
the California Streets and Highways Code to provide a source of
water for lands not capable of being served by the present system
facilities, as described in that District's proposed Resolution
of Intention No. 85-14, attached hereto as Exhibit "A" and incor-
porated herein by this reference; and
WHEREAS, certain of the property that will benefit from
the project and which it is proposed to be assessed therefor is
located within the Bakersfield city limits and the District has
requested the consent of the City of Bakersfield to the formation
of the proposed assessment district, to assumption of jurisdic-
tion by the District for all purposes in connection with forma-
tion of the assessment district, the improvements made, and
assessment of property within the boundaries of the proposed
assessment district; and
WHEREAS, it is necessary that prior to including
incorporated territory within such an assessment district, the
District must receive the consent of this City Council; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. That the Resolution of Intention to form Assessment
District No. 4 presented to this Council by the Board of
Directors of the District is hereby approved.
2. This Council hereby grants its consent:
A. To the formation of the proposed assessment
district referred to in the District's proposed Resolution of
Intention No. 85-15; and
Be
of Directors of
therewith.
To the assumption of jurisdiction by the Board
the District for all purposes in connection
3. That the plats indicating by boundary lines the
extent of the territory included in the proposed assessment
district, submitted by the District and on file with the city
Clerk, are hereby approved.
4. That the District shall file with the City Clerk a
copy of the map or maps showing the final boundaries of the
subject district immediately following the recording of said map
or maps.
5. That the city Clerk shall forward copies of this
resolution to the following:
East Niles Community Services District
1417 Vale
Bakersfield, CA 93306
.......... 000 ..........
2
I HEREBY CERTIFY that the
passed and adopted by the Council of
regular meeting thereof held on the
1985, by the following vote:
foregoing Resolution was
the City of Bakersfield at a
16thday of October ,
CITY
Council of the City of Bakersfield
APPROVED this 16th day of October ,
~ ' MAYOR of the City o~ Bakersfield
1985
APPROVED as to form:
Y ATTOI~EY of the City of Bakersfield
the
AJS/bl
R.MD4-1 3
RESOLUTION NO. 85-14
RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
ASSESSMENT DISTRICT NO. 4
The Board of Directors of the East Niles Community
Services District resolves:
under the
This Board intends to order the following improvement
authority of the Municipal Improvement Act of 1915:
The proposed project will consist of a pump station at the
existing Kern County Water Agency Corner Tank located
along State Highway 178. The pump station will lift water
from a KCWA pipeline through a transmission pipeline to
the proposed storage reservoir at the intersection of the
future Morning Drive alignment and State Highway 178. The
project will also include a pump station capable of
lifting water form the existing Morning Drive Tank site
through & ~uture transmission pipeline to the proposed
storage reservoir at State Highway 178. The project will
provide a source of water service for District lands that
are not now capable of being served by present system
facilities.
This Board finds that the land specially benefited by the
improvement is shown within the boundaries of the map entitled,
"Boundary Map, Bast Niles Community Services District Assessment
District No. 4, County of Kern, State of California." This map has
been approved by the Board of Directors and is now on file with the
District Secretary. The land within the exterior boundaries shown
on the map shall be designated East Niles Community Services
District Assessment District No. 4, Kern County, California.'
This Board intends to levy a special assessment Upon the
land within the described district in accordance with the Special
benefit to be received by each parcel of land, respectively, from
the improvement. There shall be omitted from special assessment all
EXHIBITA
public streets, alleys and places and all land belongin~ to the
United States, the State of California, the County of Kern, the City
of Bakersfield and this Community Services District now in use in
the performance of a public function.
Where any disparity occurs in level or size between the
improvement and private property, this Board determines that it is
in the public interest and more economical to 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.
Serial bonds
interest at a rate not
representing unpaid assessments, and bearing
to exceed ~" ~ ~~
~e_ve percent (1~-~) per annum,
will be issued in the manner provided by the Improvement Zond Act of
1915 (Division 10, Streets and Highways Code), and the last
instal!men~ of the bonds shall ma~ure fourteen years from the second
day of September next succeeding twelve (12) months from their date
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.
This Board finds that the Special Assessment
Investigation, Limitation and Majority Protest Act of 19~1
(commencing with Section 2800, Stree5s and Highways Code) does not
apply to these proceedings.
This Board appoints Boyle Engineering Corporation as
Engineer of Work for this project, and directs the preparation of
the report required By Section 1020~ of the Streets and Highways
Code.
Zn the opinion of this Board, 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.
The amount of any surplus remaining in the improvement
fund after completion of the improvement and payment of all claims
shall Be transferred to the general fund if the surplus does not
exceed the lesser of one thousand dollars ($1000) or five percent
(5%) of the total amount expended from the fund. Otherwise the
entire surplus shall Be applied as a credit on the assessment as
provided in Section 10127.1 of the Streets and Hi~ihways Code.