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Home My WebLink AboutROI NO 1540 RESOLUTION OF INTENTION NO. 1540 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 07-1 (VISTA VIEW ESTATES) 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. 07-1 (Vista View Estates), 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. 07-1 (Vista View Estates), 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 OHS WEsr:260240767.1 40213-42 SS4 ~ ~t>.l(f-9 () ~ >- ~ t: ~ o t:J 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 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 OHS WEsT:260240767.1 40213-42 SS4 required by Section 10204 of the Streets and Highways Code, as supplemented by Section 4 of ~ <ot>.K~-s> o % >- iii too r- (3 0 ORIGINAL 2 Article xmD 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. * * * OHS WEST:260240767.1 40213-42 SS4 3 ~ ~f>..k~1> (;) % ~ - I- m - r- o <::7 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 June 20, 2007, by the following vote: q~~ ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER v ......- ...-- v-~..-- I..---- L--~ CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER (-J~ Ci~C~C~ Clerk of the Council of the City of Bakersfield APPROVED this 20th day of June, 2007 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIF Bond Counsel B~~f ,/ / APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By $p:C 7rJ. ~ OHS WEST:260240767.1 40213-42 SS4 4 ~ ~f>..k~1> (;) % ~ - I- m - r- o <::) ORIGINAL EXHIBIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No. 07-1 ("AD 07-1") 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: Vista View Estates Area - west Dortion (Tract No. 6873) McCUTCHEN ROAD (NORTH SIDE) IMPROVEMENTS: Construction of the north side of McCutchen Road along the frontage of Tract No. 6873 (between Gosford Road and the easterly boundary of Tract No. 6873), including grading, paving, curb, gutter, sidewalk, street signs, street lights, striping, interconnect conduit, and subdivision block wall. GOSFORD ROAD (EAST SIDE) IMPROVEMENTS: Construction of the east side of Gosford Road along the frontage of Tract No. 6873 (between McCutchen Road and Berkshire Road), including grading, paving, curb, gutter, sidewalk, cross gutters, street signs, street lights, striping, interconnect conduit, and subdivision block wall. BERKSHIRE ROAD (SOUTH SIDE) IMPROVEMENTS: Construction of the south side of Berkshire Road along the frontage of Tract No. 6873 (between Gosford Road and the easterly boundary of Tract No. 6873), including grading, paving, curb, gutter, sidewalk, cross gutters, street signs, street lights, striping, interconnect conduit, and subdivision block wall. TRACT NO. 6873 ON-SITE IMPROVEMENTS: Construction of a complete in-tract (on-site) storm drain system for Tract No. 6873 (together with short sections in Gosford Road and McCutchen Road), including 18-,24-,30-, and 36-inch diameter pipelines with manholes and catch basins. Vista View Estates Area - east Dortion (Tract No. 6874) McCUTCHEN ROAD (NORTH SIDE) IMPROVEMENTS: Construction of the north side of McCutchen Road along the frontage of Tract No. 6874 (between Reliance Drive and the westerly boundary of Tract No. 6874), including grading, paving, curb, gutter, sidewalk, street signs, street lights, striping, interconnect conduit, and subdivision block wall. 1 ~ ~f>..k~1> (;) ~ ~ - I- m - r- o I::) ORIGINAL RELIANCE DRIVE (WEST SIDE) IMPROVEMENTS: Construction of the west side of Reliance Drive along the frontage of Tract No. 6874 (between McCutchen Road and Berkshire Road), including grading, paving, curb, gutter, sidewalk, street signs, street lights, striping, interconnect conduit, and subdivision block wall. BERKSHIRE ROAD (SOUTH SIDE) IMPROVEMENTS: Construction of the south side of Berkshire Road along the frontage of Tract No. 6874 (between Reliance Drive and the westerly boundary of Tract No. 6874), including grading, paving, curb, gutter, sidewalk, street signs, street lights, striping, interconnect conduit, and subdivision block wall. TRACT NO. 6874 ON-SITE IMPROVEMENTS: Construction of a complete in-tract (on-site) storm drain system for Tract No. 6874 (together with short sections in Reliance Drive and McCutchen Road), including 18-, 24-, 30-, and 36-inch diameter pipelines with manholes and catch basins. 2 ~ ~"'l(t1> (;) % ::... - I- m _ r- o <::7 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 21st day of June, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1540. passed by the Bakersfield City Council at a meeting held on the 20th day of June. 2007 and entitled: CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 07-1 (VISTA VIEW ESTATES) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ hlc DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd . t;fl K'e-:) (~~' ....-:.~ p v _ rl. ~, .- "-I <-) ,'';.1 ORIGINAL