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Home My WebLink AboutROI NO 1398 RESOLUTION OF INTENTION NO. 1398 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO, 05-3 (LIBERTY IIIVILLAGE GREEN/TESORO-ENCANTO/ LIN/RIDERlDIAMOND RIDGE) 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 Fxhihit A, a1tached hereto and by this reference incorporated herein, all of which are situated within the City of Bakersfield Assessment District No, 05-3 (Liberty IIIVi\1age Green/Tesoro- Encanto/Lin/Rider/Diamond Ridge), 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 of the 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. 05-3 (Liberty IVVillage Green/Tesoro- Encanto/Lin/Rider/Diamond Ridge), County of Kern, State of California." NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: I, 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 ofland, respectively, from the improvement. 2. Where any disparity occurs in level or size between the improvement and DOCSSF1:831727.1 40213-36 SS4 « <¿,AII(; o 't >- .., r-- ¡=, - ~ ÙORIGINAr private property, this Council 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. 3. This City Council intends, pursuant to subparagraph (t) of Section 10204 of the California Streets and Highways Code, to provide for an annual assessmenl upon each of the parcels of land in the Proposed Assessment Dis1rict 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 adminislration 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 þ.Kz- x <;) <:/Y () <!;, 0>- - DOCSSF1:831727.1 ~ g 40213-36 SS4 2 Q () ORIGINÞ' required by Section 10204 of the Streels and Highways Code, as supplemented by Section 4 of Article XIIID of the California Constitution. 8, In the opinion of this Council, the public interesl will not be served by allowing owners of assessable lands to enter into a contracl 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 improvemen1 and payment of all claims shall be distributed in accordance with the provisions of Section 10427,1 of the Streels and Highways Code, * * * DOCSSFl:831727.1 40213-36 SS4 X 'QM~?, C) ú' >- '" t- m - l""- e> C) ORIGINAL 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting Ihereofheld on August 17,2005, by the following vote: ~ NOES: ABSTAIN: ABSENT: v-- ___ L.,..--- ~ t.--- -- a--- CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCtLMEMBER COUNCtLMEMBER COUNCILMEMBER hÞ. C;,y'!:f::!::o!:fJ Clerk of the Council of the City of Bakersfield APPROVED this 17th day of August, 2005 HARVEY L. HALL Mayor of the ityofB APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Couns By APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By ßvut ft¡. ~ ¡If DOCSSFl:831727.1 40213~36 SS4 4 ~ '9M(1 () ~ ;,., - I- m - ,.... tJ C:> ORIGINA! EXHIBIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No 05-3 ("AD 05-3") Improvements include the construction and installation as separate systems of certain City of Bakersfield ("City") owned infrastructure improvements, or certain utility system improvemen1s to be owned and operated by regulated public utility companies, the payment of certain City facilities capacity charges or fees, appurtenances and incidental work in connection therewith, and are generally described as follows: Libertv II Area (Tract No. 6475) ASHE ROAD (EAST SIDE) IMPROVEMENTS Construction of the east side of Ashe Road along the frontage of Tract No. 6475 (between Panama Lane and the northerly boundary of Tract No. 6475), including grading, paving, curb, gutter, sidewalk, handicap ramps, street signs, striping, approximately 60 feet of 8-inch diameter water line with appurtenances, and subdivision block wall. ASHE ROAD (EAST SIDE) SUMP FRONTAGE IMPROVEMENTS Construction of the east side of Ashe Road along the frontage of the storm drain sump located on the east side of Ashe Road (between the northerly boundary of the residential portion of Tract No. 6475 and the Arvin-Edison Canal), including grading, paving, curb, gutter, sidewalk, striping, subdivision block wall, and chain link fence with slats along the portion of the storm drain sump perimeter not fronting on Ashe Road. PANAMA LANE (NORTH SIDE) IMPROVEMENTS Construction on 1he north side of Panama Lane along the frontage of Tract No. 6475 (between Ashe Road and the easterly boundary of Tract No. 6475), including grading and paving for a right turn lane into Tract No. 6475 at Declaration Way, curb, gutter, sidewalk, handicap ramps, street signs, striping, traffic signal box, 2-inch diameter interconnect conduit, approximately 60 feet of 8-inch diameter water line with appurtenances, subdivision block wall, and neighborhood sign monuments. Villal!e Green Area (Tract No. 6448) STOCKDALE HIGHWAY (SOUTH SiDE) IMPROVEMENTS: Construction of the south side of Stockdale Highway along the frontage of Tract No. 6448 (between the westerly boundary of Tract No. 6448 and Renfro Road), including grading, paving, curb, gutter, sidewalk, handicap ramps, street signs, street lights, striping, interconnect conduit, median curb, 16- inch diameter water line with appurtenances, 21-inch diameter sanitary sewer line with manholes, and traffic signal at the intersection of Stockdale Highway and Renfro Road. X 'QMt-9 <:) ~ ;... - >-- IT _ r- o t> ORIGINAl RENFRO ROAD (WEST SIDE) IMPROVEMENTS Construction of the west side of Renfro Road along the frontage of Tract No. 6448 (between Stockdale Highway and Culiacan Avenue), including grading, paving, curb, gutter, sidewalk, handicap ramps, street signs, street lights, striping, interconnect conduit, median curb, and l2-inch diameter water line with appurtenances. Also included in the Renfro Road scope of improvements are demolition of existing Renfro Road along the Tract No. 6448 frontage south of Culiacan Avenue, including removal of pavement, curb, gutter, sidewalk, handicap ramps, and street light. SEWER LIFT ST ATlON IMPROVEMENTS: Construction of a complete sanitary sewer lift station located at the southwest corner of Stockdale Highway and Renfro Road, including short sections of 18- and 2l-inch diameter sewer line, manholes, lift station l20-inch diameter wet well with discharge manifold and valving, electrical service drop and switchgear, pumps and motors with rail system, valve box and we1 well access doors, transformer pad, exhaust fan and foul air duct, and PG&E utility fees for pre-engineering and improvements. CITY FACILITIES FEES: Payment of City water supply in-lieu fees for Tract No. 6448. Tesoro-Encanto Area (Tract No. 6349) BUENA VISTA ROAD (WEST SIDE) IMPROVEMENTS Construction ofthe west side of Buena Vista Road along the frontage of Tract No. 6349 (between Panama Lane and Pensinger Road), including grading, paving, curb, gutter, sidewalk, handicap ramps, street signs, street lights, striping, interconnect conduit and pull boxes, utility trenching, median curb, 8- and 12-inch diameter water line with appurtenances, and subdivision block wall. PENSINGER ROAD (SOUTH SIDE) IMPROVEMENTS Construction of the south side of Pensinger Road along the frontage of Tract No. 6349 (between the westerly boundary of Tract No. 6349 and Buena Vista Road), including grading, paving, curb, gutter, sidewalk, handicap ramps, street signs, street lights, striping, interconnect conduit and pull boxes, utility trenching, l2-inch diameter water line with appurtenances, and subdivision block wall. PANAMA LANE (NORTH SIDE) IMPROVEMENTS Construction of subdivision block wall on the north side of Panama Lane along the frontage of Tract No. 6349 (between the westerly boundary of Tract No. 6349 and Buena Vista Road). 2 ~ 'òMé'-?> C) ~ >- - r- m _ r- () (J ORIGINAl Lin Area (Tract No. 6289) ALLEN ROAD (WEST SIDE) IMPROVEMENTS Construction of the west side of Allen Road along the frontage of Tract No. 6289 (between the northerly boundary of Tract No. 6289 and Noriega Road), including grading, paving, curb, gutter, sidewalk, street signs, street lights, striping, interconnect conduit, 8-, 10-, and 12-inch diameter sewer line with manholes, 18- and 30-inch diameter stonn drain line with catch basins and manholes, and subdivision block wall NORIEGA ROAD (NORTH SIDE) IMPROVEMENTS Construction of the north side of Noriega Road along the frontage of Tract No. 6289 (between the westerly boundary of Tract No. 6289 and Allen Road), including grading, paving, curb, gutter, decomposed granite equestrian trail, street signs, street lights, striping, interconnect conduit, 10-inch diameter sewer line with manholes, and subdivision block wall. Rider Area (Tract No. 6290) McKEE ROAD (SOUTH SIDE) IMPROVEMENTS: Construction of the south side of McKee Road along the frontage of Tract No. 6290 (between Mountain Ridge Drive and Stine Road), including grading, paving, curb, gutter, sidewalk, street signs, s1reet lights, striping, interconnect conduit, 10- and IS-inch diameter sewer line with manholes, 18- and 24-inch diameter storm drain line with catch basins and manholes, and subdivision block wall. STINE ROAD (WEST SIDE) IMPROVEMENTS Construction of the west side of Stine Road along the frontage of Tract No. 6290 (between McKee Road and the southerly boundary of Tract No. 6290), including grading, paving, curb, gutter, sidewalk, street signs, street lights, striping, interconnect conduit, removal of existing pavement, and subdivision block wall. MOUNTAIN RIDGE DRIVE (EAST SIDE) IMPROVEMENTS: Construction of the east side of Mountain Ridge Drive along the fTontage of Tract No. 6290 (between McKee Road and the southerly boundary of Tract No. 6290), including grading, paving, curb, gutter, sidewalk, street signs, stree1lights, striping, interconnect conduit, and subdivision block wall. T AFT HIGHWAY (NORTH SIDE) IMPROVEMENTS Construction of subdivision block wall on the north side of Taft Highway along the frontage of Tract No. 6290 (between the westerly and easterly boundaries of Tract No. 6290). 3 '<. ",l.KI:<? o ~ >- iT ..- ,.. ã (:) ORIGIN--\ Diamond Rid2e Area (Tract No. 6332) McCUTCHEN ROAD (SOUTH SIDE) IMPROVEMENTS: Construction of the south side of McCutchen Road along the frontage of Tract No. 6332 (between the westerly boundary of Tract No. 6332 and Mountain Ridge Drive), including grading, paving, curb, gutter, sidewalk, street signs, street lights, striping, interconnect conduit, and subdivision block wall. MOUNTAIN RIDGE DRIVE (WEST SIDE) IMPROVEMENTS Construction of the west side of Mountain Ridge Drive along the frontage of Tract No. 6332 (between McCutchen Road and McKee Road), including grading, paving, curb, gutter, sidewalk, street signs, street lights, striping, in1erconnect conduit, and subdivision block wall McKEE ROAD (NORTH SIDE) IMPROVEMENTS Construction of the north side of McKee Road along the frontage of Tract No. 6332 (between the westerly boundary of Tract No. 6332 and Mountain Ridge Drive), including grading, paving, curb, gutter, sidewalk, street signs, street lights, striping, interconnect conduit, and subdivision block wall TRACT NO. 6332 ON-SITE IMPROVEMENTS Construction of the in-tract ( on-site) 12-foot wide cross gutters for Tract No. 6332, and construction of a complete in-tract (on-site) storm drain system for Tract No. 6332, including 18-, 24-, and 30- inch diameter pipelines with manholes and catch basins. 4 X ~Mf?, a <[; >- n '::: ,.. v C:; 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 18th day of Auaust ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No, 1398, passed by the Bakersfield City Council at a meeting held on the 17th day of Auaust. 2005 and entitled: CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 05-3 (LIBERTY IINlLLAGE GREEN/TESORO-ENCANTO/ LlN/RIDER/DIAMOND RIDGE) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield r g~~;J~ ~JL S:\DOCUMENlìFORMSIAOP .ORD. wpd ~ <¢Mt-9 () ~ >- - \;: P Q (;, ORIGINAl