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Home My WebLink AboutROI NO 1552 RESOLUTION OF INTENTION NO. 1552 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 07-2 (SYDNEY HARBOUR) 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. 07-2 (Sydney Harbour), 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. 07-2 (Sydney Harbour), 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 WEST:260288358.1 40213-42 SS4 ~f>..Kf1> J ~ :>- - f-- rn _ r- o c: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 required by Section 10204 of the Streets and Highways Code, as supplemented by Section 4 of OHS WEsT:260288358.1 40213-42 SS4 2 ~ <of>..Kf1> o % :>- -"-c f-- If\ _ F- e> (.'J ORIGINAL Article XnrD 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:260288358.1 40213-42 SS4 3 ~ ~f>..Kf1> o ~ :>- - I- rn - r- e> c:J 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 September 26,2007, by the following vote: oYEb NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~......--- t.----'.....---- t..--- L--- CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER ~ 4. W\c.~ City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 26th day of September, 2007 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP Bond Counsel By ,.... APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney BY~'~ OHS WEsT:260288358.1 40213-42 SS4 4 ~ <of>..K.t1> o ~ :>- - f-- rn _ r- e> c:J ORIGINAL EXHIBIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No. 07-2 ("AD 07-2") 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, appurtenances and incidental work in connection therewith, and are generally described as follows: Sydney Harbour Area - south Dortion (Tract No. 6520) TRACT NO. 6520 ON-SITE SEWER IMPROVEMENTS: Construction of a complete on-site (in-tract) sewer system for Tract No. 6520, including 6- and 8-inch diameter sewer mains, 4-inch diameter services for each residential lot, manholes, and cleanouts. TRACT NO. 6520 ON-SITE WATER IMPROVEMENTS: Construction ofacomplete on-site (in-tract) water system for Tract No. 6520, including 8-inch diameter water mains with gate valves, fire hydrants, 2-inch diameter blow-off, 2-inch diameter landscape service, tie-in to an existing water line, and I-inch diameter services for each residential lot. TRACT NO. 6520 ON-SITE STORM DRAIN IMPROVEMENTS: Construction of a complete on-site (in-tract) storm drain system for Tract No. 6520, including 18-,24-, and 30-inch diameter pipelines with manholes, catch basins, and an outlet structure, and around the sump a 6-foot high chain-link fence with slats and curb, together with a 12-foot wide double drive gate. TRACT NO. 6520 ON-SITE STREET IMPROVEMENTS: Construction of a complete on-site (in-tract) street system for Tract No. 6520, including paving, curb, gutter, sidewalk, cross gutters, street signs, street lights, and monument encasements. BERKSHIRE ROAD (SOUTH SIDE) IMPROVEMENTS: Construction of subdivision block wall on the south side of Berkshire Road along the frontage of Tract No. 6520 (between Marvin Street and the easterly boundary of Tract No. 6520). Sydney Harbour Area - north Dortion (Tract No. 661!} TRACT NO. 6611 ON-SITE STREET IMPROVEMENTS: Construction of a complete on-site (in-tract) street system for Tract No. 6611, including grading, paving, curb, gutter, sidewalk, driveway approaches, handicap ramps, and cross gutters. 1 ~ ~f>..Kf1> o ~ :>- - I- rn - r- e> c:J ORIGINAL TRACT NO. 6611 ON-SITE STORM DRAIN IMPROVEMENTS: Construction of a complete on-site (in-tract) storm drain system for Tract No. 6611, including 18-,24-, 30-, and 36-inch diameter pipelines with manholes, catch basins, and an outlet structure. BERKSHIRE ROAD (NORTH SIDE) IMPROVEMENTS: Construction of the north side of Berkshire Road along the frontage of Tract No. 6611 (between Madison Street and the westerly boundary of Tract No. 6611), including grading, paving, curb, gutter, sidewalk, handicap ramps, sawcut, AC dike, 18-inch diameter storm drain pipeline, and subdivision block wall. MADISON STREET (WEST SIDE) IMPROVEMENTS: Construction of the west side of Madison Street along the frontage of Tract No. 6611 (between Berkshire Road and the northerly boundary of Tract No. 6611), including grading, paving, curb, gutter, sidewalk, handicap ramps, and subdivision block wall. 2 ~ ~f>..K.t1> o ~ :>- - I- rn - r- Q t::J 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 27th day of September, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1552, passed by the Bakersfield City Council at a meeting held on the 26th day of September. 2007 and entitled: CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 07-2 (SYDNEY HARBOUR) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~~~ DEPUTY City Clerk S:\DOCUMENT\FORMSIAOP .ORD. wpd RESOLUTION OF INTENTION NO. 1552 I""._..~.,. : POSTED ON I q~ .)1-01 ~ by City Clerk's Office City of Bakersfield CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 07-2 (SYDNEY HARBOUR) I by 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. 07-2 (Sydney Harbour), 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. 07-2 (Sydney Harbour), 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 WEST: 260288358.1 40213-42 SS4