HomeMy WebLinkAboutROI NO 1157RESOLUTION OF INTENTION NO. 1157
RESOLUTION DECLARING INTENTION TO ORDER THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS
TOGETHER WITH APPURTENANCES PURSUANT TO THE
PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF
1913; DECLARING THE WORK TO BE OF MORE THAN
LOCAL OR ORDINARY BENEFIT; DESCRIBING THE
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES THEREOF; AND PROVIDING FOR THE
ISSUANCE OF BONDS
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-2
(ALLEN ROAD TRUNK SEWER)
WHEREAS, the City Council (the "City Council") of the City of Bakersfield (the "City")
is considering the formation of an assessment district, pursuant to the City Charter, Chapter
13.08 of the Municipal Code and the Municipal Improvement Act of 1913, being Division 12
(commencing with Section 10000) of the California Streets and Highways Code, for the
construction of certain public work and improvements; and
WHEREAS, the City Council desires to declare its intention to order the construction of
said improvements, to declare the work to be of more than local or ordinary benefit, to describe
the lands to be assessed to pay the costs and expenses of said improvements, and to provide for
the issuance of bonds;
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND
RESOLVES as follows:
Section 1. Description of Improvements. The public interest and convenience require,
and it is the intention of the City Council pursuant to the provisions of the Act, to order the
construction of certain improvements in a special assessment district designated
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-2
(ALLEN ROAD TRUNK SEWER)
(hereinafter referred to as the "Assessment District"), said improvements generally described as
follows:
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The construction of improvements consisting of sewer pipelines, including
manholes, canal and river crossings, connections to existing sewers and
appurtenances thereto and engineering fees within the boundaries of the proposed
assessment district and within the public right-of-way or public easement areas,
together with incidental costs and costs of issuing assessment bonds all for the
benefit of the land within the boundaries of CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-2 (ALLEN ROAD TRUNK SEWER)
(hereinafter referred to as the "Improvements");
For further particulars, reference is hereby made to the Map of the Assessment District
entitled "Proposed Boundaries Assessment District No. 96-2 (Allen Road Trunk Sewer)" and the
Engineer's Report to be adopted by Resolution of the City and on file with the City Clerk, and to
the following additional provisions:
(a) Said streets, rights-of-way and easements shall be shown upon the construction
plans herein referred to and to be filed with these proceedings.
(b) All of said Improvements and work are to be constructed at the places and in the
particular locations, of the forms, sizes, dimensions and materials, and at the lines,
grades and elevations as shown and delineated upon the plans, profiles and
specifications to be made therefor, as hereinafter provided.
(c) The description of the Improvements and the extent thereof as contained in this
Resolution are general in nature. All items of work do not necessarily extend for
the full length of the description thereof. The plans and profiles of the work as
contained in the Engineer's Report and on such detailed plans as may be prepared
subsequent to the filing of such report shall be controlling as to the correct and
detailed description thereof.
(d) Whenever any public way is herein referred to as running between two public
ways, or from or to any public way, the intersections of the public ways referred
to are included to the extent that work shall be shown on the plans to be done
therein.
(e) Notice is hereby given that in many cases the Improvements and work to be
constructed will bring the finished work to a grade different from that which
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formerly existed, and to that extent, said grades are hereby changed and the work
done to the changed grades, as more particularly described in Section 9 hereof.
Section 2. Description of Assessment District. The Improvements and work are of
direct and special benefit to the properties and land within the Assessment District, and the City
hereby makes the expenses of the Improvements and work chargeable upon those properties,
which properties are hereby declared to constitute the Assessment District benefitted by the
Improvements and work and to be assessed to pay the costs and expenses thereof, including
incidental costs and expenses, described as follows:
All that certain territory included within the exterior boundary lines shown on the plat
exhibiting the property affected or benefitted by or to be assessed to pay the costs and
expenses of the Improvements and work in the Assessment District, said map titled and
identified as
PROPOSED BOUNDARIES
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-2
(ALLEN ROAD TRUNK SEWER)
and which said map was heretofore approved by Resolution of the City and is on file with
the City Clerk, EXCEPTiNG therefrom the area of all public streets, public avenues,
public lanes, public roads, public drives, public courts, public alleys, and all easements
and rights-of-way therein contained belonging to the public. For all particulars as to the
boundaries of the Assessment District, reference is hereby made to said map and for a
complete description of said Assessment District, said map on file with the City Clerk
shall govern.
Section 3. Engineer's Report. Pursuant to Section 10203 of the Act, the City Council
hereby refers the proposed Improvements to the Assessment Engineer of the Assessment District,
previously designated by Resolution of the City, who is hereby directed to make and file a report
in writing in the form described in Section 10204 of the Act, containing the following:
(a) Plans and specifications of the proposed improvement if the improvement is not
already installed. The plans and specifications need not be detailed and are
sufficient if they show or describe the general nature, location, and extent of the
improvements.
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(b)
(c)
(d)
(e)
A general description of works or appliances already installed and any other
property necessary or convenient for the operation of the improvement, if the
works, appliances, or property are to be acquired as part of the improvement.
An estimate of the cost of the improvement and of the cost of lands,
rights-of-way, easements, and incidental expenses in connection with the
improvement, including any cost of registering bonds. If the legislative body, in
the resolution of intention, declared its intention to levy an assessment for the
maintenance, repair, or improvement of the work, system, or facility, the report
shall contain an estimate of the amount of this assessment for each of the first five
years during which the assessment would be levied.
A diagram showing, as they existed at the time of the passage of the resolution of
intention, all of the following:
(1) The exterior boundaries of the assessment district;
(2) The boundaries of any zones within the district; and
(3) The lines and dimensions of each parcel of land within the district.
Each subdivision shall be given a separate number upon the diagram. The
diagram may refer to the county assessor's maps for a detailed description of the
lines and dimensions of any parcels, in which case those maps shall govern for all
details concerning the lines and dimensions of the parcels.
A proposed assessment of the total amount of the cost and expenses of the
proposed improvement upon the several subdivisions of land in the district in
proportion to the estimated benefits to be received by each subdivision,
respectively, from the improvement. When any portion or percentage of the cost
and expenses of the improvement is ordered to be paid out of the treasury of the
municipality, pursuant to Section 10201, the amount of that portion or percentage
shall first be deducted from the total estimated cost and expenses of the
improvement, and the assessment upon property proposed in the report shall
include only the remainder of the estimated cost and expenses. The assessment
shall refer to the subdivisions by their respective numbers as assigned pursuant to
subdivision (d).
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OIRIGINAL
(f) A proposed maximum annual assessment upon each of the several subdivisions of
land in the district to pay costs incurred by the City and not otherwise reimbursed
which result from the administration and collection of assessments or from the
administration or registration of any associated bonds and reserve or other related
funds.
Section 4. Bonds. Notice is hereby given that serial and/or term bonds to represent the
unpaid assessments, and bearing interest at rates not to exceed the current legal maximum rate of
12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act
of 1915" (the "Bond Law"), being Division 10 (commencing with Section 8500) of the California
Streets and Highways Code, the last installment of which bonds shall mature a maximum of and
not to exceed thirty-nine (39) years from the second day of September next succeeding twelve
(12) months from their date. The provisions of Part 11.1 of the Bond Law (commencing with
Section 8760), providing an alternative procedure for the advance payment of assessments and
the calling of bonds, shall apply.
The principal amount of the bonds maturing each year shall be other than an amount
equal to an even annual proportion of the aggregate principal amount of the bonds; the amount of
principal maturing in each year plus the amount of interest payable in that year, will be
determined by the City Council and specified in the proceedings prior to the issuance of Bonds.
Section 5. Authority for Proceedings. Except as herein otherwise provided for the
issuance of bonds, all of the Improvements shall be made and ordered pursuant to the provisions
of the Act.
Section 6. Surplus Funds. If any excess shall be realized from the assessment after
completion of the Improvements and payment or provision for payment of all costs and expenses
in connection with the Assessment District, such excess shall be used, in such amounts as this
City Council may determine, as a credit against the assessments or other permitted disposition in
accordance with Section 10427 and 10427.1 of the Act.
Section 7. Special Fund. The City Council hereby establishes a special fund designated
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ORIGINAL
IMPROVEMENT FUND
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 96-2
(ALLEN ROAD TRUNK SEWER)
into which moneys may be transferred at any time to expedite the making of the Improvements
herein authorized; said moneys are a loan to such fund and shall be repaid out of the proceeds of
the sale of bonds as authorized by law.
Section 8. Private Contract. Notice is hereby given that the public interest will not be
served by allowing the property owners to take the contract for the construction of any
Improvements subject to public bid, and that, as authorized by law, no notice of award of
contract shall be published.
Section 9. Grades. Notice is hereby given that the grade to which the work shall be
done shall be as shown on the plans and profiles therefor, which grade may vary from the
existing grades. With the written consent of the property owner, work may be done on private
property to eliminate any disparity in level or size between the improvement and private
property, if the Assessment Engineer determines that it is more economical to do such work on
private property than to adjust the work on public property. As provided in Section 10100.1 of
the Act, such work shall be assessed to the parcel of land on which such work was done. Any
objections or protests to the proposed grade shall be made at the public hearing to be conducted
under these proceedings.
Section 10. Proceedings Inquiries. For any and all information relating to these
proceedings, including information relating to protest procedure, your attention is directed to the
person designated below at the department indicated:
Marian P. Shaw; (805)326-3579
Public Works Department
CITY OF BAKERSFIELD
1501 Trnxtun Avenue
Bakersfield, California 93301
Section 11. Public Property. All public real property in the use and performance of a
public function shall be omitted from assessment in these proceedings unless expressly provided
and listed herein.
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Section 12. Available Funds. Pursuant to Section 8769 of the Bond Law, the City
Council hereby determines and notice is hereby given that the City has made the election not to
obligate itself to advance available funds from the City treasury to cure any deficiency which
may occur in the bond redemption fund or any other fund of the Assessment District.
Section 13. Acquisition of Right-of-Way. The public interest, convenience and
necessity may require that certain land, rights-of-way or easements be obtained in order to allow
the works of improvement proposed for this Assessment District to be accomplished. For a
general description of the location and extent of the easements or land necessary to be acquired,
if any, reference is hereby made to the Report of Engineer described in Section 3 hereof or to
maps on file with the transcript of these proceedings.
Section 14. Bond Redemption. The City Council further elects to provide that the
bonds herein authorized, upon redemption prior to maturity, shall provide a premium of not to
exceed five percent (5%) on the unmatured principal, to be determined and specified in the
resolution authorizing issuance of the bonds, and said language shall be added to the redemption
clause in the bond form and the City shall require the property owner to pay said premium in
order to discharge the obligation of the lien prior to maturity.
Section 15. Division 4 Proceedings. It is the intention of the City Council to fully
comply with the proceedings and provisions of the Special Assessment Investigation, Limitation
and Majority Protest Act of 1931 (the "I 931 Act"), being Division 4 (commencing with Section
2800) of the California Streets and Highways Code. A Petition and Waiver has been filed by the
property owner pursuant to Section 2804(3) of the 1931 Act and no further proceedings under the
1931 Act are required; such Petition and Waiver is on file with the transcript of these
proceedings and open for inspection by the public.
Section 16. Refunding of Bonds. The City Council hereby determines and notice is
given that, in addition to any other rights to refund the bonds issued hereunder reserved by the
City Council, the bonds may be refunded on or after September 2, 2008, or as otherwise provided
in the resolution providing for the issuance of bonds, upon determination by resolution of the
City Council to do so, provided. there will be a reduction in the interest cost to maturity by
reason of the refunding of such bonds, and that the refunding bonds shall bear interest at a rate
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not to exceed the maximum rate permitted by law and shall have a maximum number of years to
maturity not in excess of the terms of such bonds, and any adjustment to assessments resulting
from the issuance of the refunding of such bonds will be done on a pro rata basis.
Section 17. Utility Agreements. The City Council hereby authorizes the Engineer of
Work, on behalf of the City, to enter into agreements which comply with the provisions of
Sections 10110 and 10110.1 of the Act with all regulated public utilities that will own, operate or
manage any of the Improvements.
Section 18. Effective Date. This resolution shall take effect immediately upon its
adoption.
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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 M~,~ t $ ~8
the following vote:
AYES: COUNCILMEMt~tER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, $ALVAG~10
NOES: COUNCILMEMBER
ABSTAIN: ~U~I~ER
, by
City Clerk and Ex Officio ~//
Clerk of the Council of the
City of Bakersfield
APPROVED this 25th day of March, 1998
MAYOR often'City of B~kersfield
APPROVED AS TO FORM:
MCFARL1N & ANDERSON
Bond Counsel
COUNTERSIGNED:
City of Bakersfield
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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 30th day of March ,1998 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1157 , passed
by the Bakersfield City Council at a meeting held on the 25th day of March. 1998, and
entitled:
RESOLUTION DECLARING INTENTION TO ORDER THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS
TOGETHER WITH APPURTENANCES PURSUANT TO THE
PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF
1913; DECLARING THE WORK TO BE OF MORE THAN
LOCAL OR ORDINARY BENEFIT; DESCRIBING THE
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES THEREOF; AND PROVIDING FOR THE
ISSUANCE OF BONDS.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCU M ENT~AOPOSTING
March 30, 1998