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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.