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Home My WebLink AboutROI NO 1473 RESOLUTION OF INTENTION NO. 1473 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 06-1 (ETCHEVERRYILIN WUNIVERSITY Park) 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 Exhibit A, attached hereto and by this reference incorporated herein, all of which are situated within the City of Bakersfield Assessment District No. 06-1 (EtcheverryILin IIJUniversity Park), 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. 06-1 (EtcheverryILin WUniversity Park), 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 US WEST:260044084.1 40213-38 SS4 ~ ~p..K~?> <::) ~ >- - m \;::, t- " ORIQINpt 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 from time to time by the City and not otherwise reimbursed to the City which result from the administration 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 required by Section 10204 of the Streets and Highways Code, as supplemented by Section 4 of US WEST:260044084.1 40213-38 SS4 2 ~ fQp..K~-2 o ~ >- - l;:: f!! o ORIGINAf' Article XllID 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. * * * US_WEST:260044084 ,1 40213-38 SS4 3 ~ fQp..K~-2 o (p >- ~ t:: ~ tJ OR/GINA{=> 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 August 16,2006, by the following vote: ~ NOES: ~: SEN: v- &.-----' .--- I.- L-- ___ CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER s... 00. ~ /l.._.~ru~ City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 16th day of August, 2006 HARVEY L. HALL Mayor of the . ty of B APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Coun I APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By ~ In :AIwtr US WEST:260044084.1 40213-38 SS4 4 ~ COp..K~~ c ~ >- - l;:: f.!2 o (:) ORIGINAL EXHIBIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No. 06-1 ("AD 06-1") Improvements include the construction and installation as separate systems of certain City of Bakersfield ("City") owned infrastructure 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, appurtenances and incidental work in connection therewith, and are generally described as follows: Etcheverry Area - portion (Tract No. 6343) VERDUGO LANE (EAST SIDE) IMPROVEMENTS: Construction of the east side of Verdugo Lane along the frontage of future Tract No. 6343 (between Etchart Road and the northerly boundary of Tract No. 6343), including grading, paving, curb, gutter, sidewalk, handicap ramps, street lights, survey monument encasements, interconnect conduit, street signs, striping, and subdivision block wall. ETCHART ROAD (NORTH SIDE) IMPROVEMENTS: Construction of the north side of Etch art Road along the frontage of future Tract No. 6343 (between Verdugo Lane and Calloway Drive), including grading, paving, curb, gutter, sidewalk, handicap ramps, street lights, survey monument encasements, interconnect conduit, street signs, striping, and subdivision block wall. CALLOWAY DRIVE (WEST SIDE) IMPROVEMENTS: Construction of the west side of Calloway Drive along the frontage of future Tract No. 6343 (between Etchart Road and the northerly boundary of Tract No. 6343), including grading, paving, curb, gutter, sidewalk, handicap ramps, street lights, survey monument encasements, interconnect conduit, street signs, striping, and subdivision block wall. TRACT NO. 6343 STORM DRAIN IMPROVEMENTS: Construction of a complete storm drain system for Tract No, 6343 (in-tract! on-site and small sections in Etchart Road and Calloway Drive), including 18-, 24-, 30-, and 36-inch diameter pipelines with manholes, catch basins, and outlet structures, and, around the sump, subdivision block wall with a 14-foot wide gate. Etcheverry Area - portion (Tract No. 6361) VERDUGO LANE (WEST SIDE) IMPROVEMENTS: Construction of the west side of V erdugo Lane along the frontage offuture Tract No. 6361 (between Snow Road and the northerly boundary of Tract No. 6361), including grading, paving, curb, gutter, sidewalk, handicap ramps, street lights, survey monument encasements, interconnect conduit, street signs, striping, and subdivision block wall. f'QAK~..l\ J ''if> >- ~ 1 ~ m - t- o GRIGINAf> SNOW ROAD (NORTH SIDE) IMPROVEMENTS: Construction of the north side of Snow Road along the frontage offuture Tract No. 6361 (between Verdugo Lane and the westerly boundary of Tract No. 6361), including grading, paving, curb, gutter, sidewalk with class II bike path, handicap ramps, median, street lights, survey monument encasements, interconnect conduit, street signs, striping, and subdivision block wall. TRACT NO. 6361 STORM DRAIN IMPROVEMENTS: Construction of a complete storm drain system for Tract No. 6361 (on-site/in-tract and in Verdugo Lane), including 18- and 24-inch diameter pipelines with manholes, catch basins, and outlet structures, and, around the sump, subdivision block wall with a 14-foot wide gate. Lin II Area (Tract No. 6453) ALLEN ROAD (WEST SIDE) IMPROVEMENTS: Construction of the west side of Allen Road along the frontage offuture Tract No, 6453 (between the southerly boundary of Tract No. 6453 and Reina Road), including grading, paving, curb, gutter, sidewalk, handicap ramps, street lights, survey monument encasements, interconnect conduit, street signs, striping, and subdivision block wall. REINA ROAD (SOUTH SIDE) IMPROVEMENTS: Construction of the south side of Reina Road along the frontage offuture Tract No. 6453 (between Renfro Road and Allen Road), including grading, paving, curb, gutter, sidewalk, handicap ramps, street lights, survey monument encasements, interconnect conduit, street signs, striping, and subdivision block wall. RENFRO ROAD (EAST SIDE) IMPROVEMENTS: Construction of the east side of Renfro Road along the frontage offuture Tract No. 6453 (between Vega Meadows Road and Reina Road), including grading, paving, curb, gutter, sidewalk with class II bike path, handicap ramps, street lights, survey monument encasements, interconnect conduit, street signs, striping, and subdivision block wall, VEGA MEADOWS ROAD (NORTH SIDE) IMPROVEMENTS: Construction of the north side of Vega Meadows Road along the frontage offuture Tract No. 6453 (between Renfro Road and the easterly boundary of Tract No. 6453), including grading, paving, curb, gutter, sidewalk with multi purpose trail, handicap ramps, street lights, survey monument encasements, interconnect conduit, street signs, striping, and subdivision block wall. TRACT NO. 6453 ON-SITE SEWER IMPROVEMENTS: Construction of a complete on-site/in-tract sewer system for Tract No. 6453, including 6-, 8-, and IO-inch diameter pipelines with manholes and clean outs, 4-inch diameter sewer laterals for all residential lots in Tract No. 6453, and a complete sewer lift station located in Tract No. 6453. ~ fQp..K~-9 o ~ >- - t: ~ o b ORIGINAL 2 University Park Area (Tract No. 6799) MING AVENUE (SOUTH SIDE) AND GOSFORD ROAD (WEST SIDE) IMPROVEMENTS: Construction of the south side of Ming Avenue and the west side of Gosford Road along the frontages offuture Tract No. 6799 (between, respectively, the westerly boundary of Tract No. 6799 and Gosford Road, and between Ming Avenue and the southerly boundary of Tract No. 6799), including paving at right turn lanes, curb, gutter, sidewalk, handicap ramps, street signs, street lights, interconnect conduit and pull boxes, monument encasements, 8-inch diameter water line road bore with fire hydrants and gate valves, 8-inch diameter sanitary sewer line road bore with manholes, 18- inch diameter storm drain pipeline with catch basins and manholes, subdivision block wall with major and neighborhood corner sign monuments, and landscaping. Also included in the Ming Avenue and Gosford Road scope of improvements are demolition and removal of existing pavement, curb, gutter, and storm drain catch basins and manholes. CITY FACILITIES FEES: Payment of City Regional Transportation Impact fees and Indirect Source Rule fees for Tract No. 6799. 3 ~ fQp..KS'-s> o ~ >- - t::: ~ o ORIGINAt' AFFIDAVIT OF POSTING DOCUMENTS STATE C>F CAUFC>RNIA) ) ss. CC>UNTY C>F 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 17th day of AUQust ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1473. passed by the Bakersfield City Council at a meeting held on the 16th day of AUQust. 2006 and entitled: CITY C>F BAKERSFIELD, ASSESSMENT DISTRICT NC>. 06-1 (ETCHEVERRY/UN II/UNIVERSITY PARK) PAMELA A. McCARTHY City Clerk and Ex C>fficio of the Council of the City of Bakersfield , By: ~r0 ~c. DEPUTY Ci Clerk S:\DOCUMENT\FORMS\AOP .0RD.wpd ~ ~~K~~ <:) ~ >- - !:; ~ c;) t> ORIGINAL