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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: 3/9/95 BAKPKT' O~IGINAL 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 3/9/98 2 ORIGIN,~L 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. 3/9/98 3 B A KPKT 1.9 ~2~ $~/~g?~ ORIC~dNAL (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). 4 B A KPKT 1.9 7B/2~ ~ ~ ~(~O~ 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 3/9/98 5 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. 3/9/98 c::, ORIGINAL 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 3/9/98 7 ORIGINAL 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. 3/9/98 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 3/9/98 9 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