HomeMy WebLinkAboutROI NO 1236RESOLUTION OF INTENTION NO. 1236
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 01-1
(MING AT ALLEN/MOUNTAIN VISTA DRIVE/HAMPTON PLACE)
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. 01-1 (Ming at Allen/Mountain Vista Drive/Hampton Place),
County of Kern, State of California; 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 the City Council and on file with the City Clerk, 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 "City of Bakersfield Assessment District No. 01-1 (Ming
at Allen/Mountain Vista Drive/Hampton Place), 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 described district in accordance with the special benefit to be
received by each parcel of land, respectively, from the improvement.
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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
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
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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
Article XII1D 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.
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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 February 14, 2001, by the
following vote:
CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this 14th day of February 14, 2001
MAY~R c}f the City of Bakersfiel~/
APPROVED AS TO FORM:
ORRICK, HERR1NGTON & SUTCLIFFE LLP
Bond Counsel
COUNTERSIGNED:
City of Bakersfield
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EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The Assessment District No. 01-1 ("AD 01-1") 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:
The construction of street improvements including excavation, curb, gutter, sidewalk, paving, street
lights, storm drain, sewer, and water lines, block walls, and landscaping at the locations listed below.
Ming at Allen Area
RIVER RUN BOULEVARD IMPROVEMENTS (From the AD 01-1 easterly boundary to Ming
Avenue):
Construction of the entire street section including excavation, pavement, curb, gutter, sidewalk,
median, street lighting, water line, and block wall.
Mountain Vista Drive Area
MOUNTAIN VISTA DRIVE IMPROVEMENTS:
Construction of the west side of the street (Tract No. 6008 frontage) including curb, gutter, sidewalk,
and block wall.
TRACT NO. 6008 ON-SITE IMPROVEMENTS:
Construction of the in-tract sewer system and block wall along the tract southern boundary.
Hampton Place Area
ALLEN ROAD IMPROVEMENTS:
Construction of the west side of the street including the remaining two lanes of excavation, paving,
curb, gutter, sidewalk, street lighting, block wall, and water line with appurtenances from a tie-in to
the existing water line at Overton Street to Old Town Road in Tract No. 6007.
PALM AVENUE IMPROVEMENTS (Tract No. 6007 frontage):
Construction of the south side of the street including excavation, paving, curb, gutter, sidewalk,
street lighting, and block wall.
JENK1NS ROAD AND PALM AVENUE IMPROVEMENTS (Tract No. 6033 frontage):
Construction of the block wall along the Tract No. 6033 frontage on Jenkins Road and Palm Avenue.
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 16th day of February ,2001 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1236 _passed by the Bakersfield City Council at a meeting held on the
14th day of February 2001, and entitled:
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NUMBER
01-1 (MING AT ALLEN/MOUNTAIN VISTA DRIVE/HAMPTON
PLACE)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
D pu--'t City clerk
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February 16, 2001