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Home My WebLink AboutROI NO 1384 RESOLUTION OF INTENTION NO. 1384 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 (CITY IN THE HILLS) 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 Ex";";! A, attached hereto and by this reference incorporated herein, all of which are situated within the City of Bakersfield Assessment District No. 05-1 (City in the Hills), County of Kern, State of California (the "Proposed Assessment District"); 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 ofthe land being shown thereon by a shaded tone. The land within the exterior boundaries shown on the map shall be designated the "City of Bakersfield Assessment District No. 05-1 (City in the Hills), County of Kern, 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 Proposed Assessment 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 DOCSSF1:815580.1 40213-35 SS4 «. 'òf>..K{;'1> o ú' >- ê'. I-- I'T1 _ r- C> C:; 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 California 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 ftom time to time by the City and not otherwise reimbursed to the City which result from the administration and collection of assessment installments or ftom 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 ftom 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 ftom, 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 DOCSSFl:815580.1 40213-35 SS4 2 «. 'òf>..K{;'1> o ú' >- ê'. I-- I'T1 _ r- C> 0 ORIGINAL 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:815580.1 40213-35 SS4 3 ~ 'òf>..K{;'1> o <!;, >- - I-- I'T1 I-- r- C> 0 ORIGINAL 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 May 25,2005, by the following vote: ~ ~ ABSTAIN: ABSENT: ..... v ___ V' __ __ /' CARSON, BENHAM. MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ff'5st_ CitYC~ffi~ Clerk of the Council of the City of Bakersfield APPROVED this 25th day of May, 2005 HARVEY L. HALL Mayor ofthe City APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Couns I By APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By I~ 'Jr0 ~t¡ DOCSSFl:815580.1 40213-35 SS4 4 ~ 'òAk{;'1> o ú' >. ê'. I-- I'T1 - T- o 0 ORIGINAL EXHIBIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No. 05-1 ("AD 05-1") Improvements include the construction and installation as separate systems of certain City of Bakersfield ("City") owned inftastructure improvements, or certain utility system improvements to be owned and operated by regulated public utility companies, the payment of certain City facilities capacity charges or fees, acquisition of street right-of-way, appurtenances and incidental work in connection therewith, and are generally described as follows CITY HILLS DRIVE (ENTIRE STREET, EAST PORTION) IMPROVEMENTS Construction of City Hills Drive (entire street) from Canteria Drive to Panorama Drive, including grading, paving, curb, gutter, meandering sidewalk, handicap ramps, streets signs, median curb, street lighting and conduits and pull boxes for street lighting, subdivision block wall, sanitary sewer pipeline with manholes, storm drain pipeline with manholes and catch basins, and traffic signal at the intersection of City Hills Drive and Panorama Drive. Also included in the scope of work for this portion of City Hills Drive are incidental expenses for, but not limited to, dust control, street maintenance, slope protection. and Metro Bakersfield Habitat Conservation Fee. CITY HILLS DRIVE (ENTIRE STREET, WEST PORTION) IMPROVEMENTS: Construction of City Hills Drive (entire street) from Canteria Drive to Vineland Road, including grading, paving, curb, gutter, meandering sidewalk, handicap ramps, streets signs, median curb, street lighting and conduits and pull boxes for street lighting, subdivision block wall, storm drain pipeline with manholes and catch basins, and traffic signal at the intersection of City Hills Drive and Vineland Road. Also included in the scope of work for this portion of City Hills Drive are incidental expenses for, but not limited to, dust control, street maintenance, slope protection, and Metro Bakersfield Habitat Conservation Fee. PANORAMA DRIVE (ENTIRE STREET) IMPROVEMENTS Construction of Panorama Drive (entire street) from Vineland Road to Masterson Street, including grading, paving, curb, gutter, meandering sidewalk, handicap ramps, streets signs, median curb, street lighting and conduits and pull boxes for street lighting, subdivision block wall, sanitary sewer pipeline with manholes, and storm drain pipeline with manholes and catch basins. Also included in the scope of work tor Panorama Drive are incidental expenses for, but not limited to, dust control, street maintenance, slope protection, and Metro Bakersfield Habitat Conservation Fee. VINELAND ROAD (EAST SIDE, NORTH PORTION) IMPROVEMENTS Construction of the east side of Vineland Road from Paladino Drive to Panorama Drive, including grading, paving, curb, gutter, sidewalk, handicap ramps, streets signs, street lighting and conduits and pull boxes for street lighting, subdivision block wall, storm drain pipeline with manholes and catch basins, traffic signal at the intersection of Vineland Road and Panorama Drive, traffic signal at the intersection of Vineland Road and Paladino Drive, and median deposit Also included in the scope of work for this portion of Vine land Road are incidental expenses for, but not limited to, dust control, street maintenance, slope protection, and Metro Bakersfield Habitat Conservation Fee. 'òM(,~ J <!;, >- I-- I-- I'T1 _ r- C> 0 ORIGINAL '"~---""--'-- ._~~. "'-"-'.'~ ,,--- VINELAND ROAD (EAST SIDE, SOUTH PORTION) IMPROVEMENTS Construction of the east side of Vine land Road from Panorama Drive to north of the State Highway Route No. 178 off-ramp, including grading, paving, curb, gutter, sidewalk, handicap ramps, streets signs, street lighting and conduits and pull boxes for street lighting, subdivision block wall, storm drain pipeline with manholes and catch basins, and median deposit Also included in the scope of work for this portion of Vine land Road are incidental expenses for, but not limited to, dust control, street maintenance, slope protection, and Metro Bakersfield Habitat Conservation Fee. MASTERSON STREET (WEST SIDE) IMPROVEMENTS Construction of the west side of Masterson Street from Paladino Drive to State Highway Route No. 178, including grading, paving, curb, gutter, sidewalk, handicap ramps, streets signs, street lighting and conduits and pull boxes for street lighting, subdivision block wall, storm drain pipeline with manholes and catch basins, traffic signal at the intersection of Masterson Street and State Highway Route No 178, and median deposit Also included in the scope of work for Masterson Street are incidental expenses for, but not limited to, dust control, street maintenance, slope protection, Metro Bakersfield Habitat Conservation Fee, and the cost of acquisition of street right-of-way through City condemnation proceeding for a portion of the Masterson Street new alignment at the intersection with the existing State Highway Route No. 178. PALADINO DRIVE (SOUTH SIDE) IMPROVEMENTS Construction of the south side of Paladino Drive from Vineland Road to Masterson Street, including grading, paving, curb, gutter, sidewalk, street lighting and conduits and pull boxes for street lighting, subdivision block wall, and median deposit Also included in the scope of work for Paladino Drive are incidental expenses for, but not limited to, dust control, street maintenance, slope protection, and Metro Bakersfield Habitat Conservation Fee. CANTERIA DRIVE IMPROVEMENTS Construction of storm drain pipeline with manholes and catch basins and sanitary sewer pipeline with manholes. Also included in the scope of work for Canteria Drive are incidental expenses for, but not limited to, Metro Bakersfield Habitat Conservation Fee. ON-SITE STORM DRAIN IMPROVEMENTS Construction of a complete storm drain sump located at the northwest corner of the intersection of State Highway Route No. 178 and Canteria Drive, including excavation, outlet structures, fence with redwood slats and curb, and access gate. 2 ~ 'òMç,¡> o ~ >- - I- I'T1 I-- T- o 0 ORIGINAl -_.__._-.-----,~.- ---.",.~.----~_... .-.---' .............~~_....,~~--,._~-_...~.~._.,-,~... .,_.... ~,_.,.~._..._- --_._,,,._~-_.. _._,-- .._._-""~_. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 26th day of Mav ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1384. passed by the Bakersfield City Council at a meeting held on the 25th day of Mav. 2005 and entitled: RESOLUTION OF INTENTION NO. 1384 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-1 (CITY IN THE HillS) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ 1-~ DEPU Y Cit Clerk S:\DOCUMENT\FORMSIAOP .0RD.wpd __,_"M'