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HomeMy WebLinkAboutRES NO 013-01 RESOLUTION Nfl[ 0 1 3 ' 0 1' RESOLUTION ACCEPTING PETITION AND DETERMINING TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-1 (MING AT ALLEN/MOUNTAIN VISTA DRIVE/HAMPTON PLACE) WHEREAS, the owners of certain real property situated in the City of Bakersfield have filed with the City Clerk a petition, signed by such owners, requesting the acquisition and/or construction of certain public improvements described therein, the cost of which is to be specifically assessed against each parcel of land benefiting from such improvements; and WHEREAS, the petition contains an express waiver of statutory proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, as provided in Section 2804 of the Streets and Highways Code of the State of California; and WHEREAS, the City Clerk has also received a certificate to the effect that the petition has been signed by persons owning lands constituting more than sixty percent (60%) in area of the land subject to assessment within the proposed assessment district; and WHEREAS, this City Council finds that the owners of more than sixty percent (60%) in area of the land subject to assessment for the proposed improvements have signed such petition and that the petition contains the matters required by Sections 2804 and 2804.5 of the Streets and Highways Code; NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: SECTION 1. PETITION ACCEPTED. The petition as filed with the City Clerk is hereby found to be legally sufficient and is accepted by this City Council. SECTION 2. DETERMINATION TO UNDERTAKE PROCEEDINGS. The special assessment proceedings shall be undertaken by the terms of the petition, pursuant to the Municipal Improvement Act of 1913 and without further compliance with the Special DOCSSF 1:509067.1 40213-25 SS4 Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 of the Streets and Highways Code). SECTION 3. PLIBLIC 1NTEREST AND CONVENIENCE SERVED. The public interest and convenience will be served by the taking of such proceedings. SECTION 4. ACTION IS FiNAL. This action is "final" within the meaning of Streets and Highways Code Section 3012. DOCSSFl:509067,1 40213-25 SS4 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: AYES: NOES: ABSTAIN: ABSENT: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER N 014 F_ COUNCILMEMBER ~t~ ~ COUNCILMEMBER t~14~ City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: ORRICK, HERR1NGTON 8,: SUTCLIFFE LLP Bond Counsel COUNTERSIGNED: BART J. THILTGEN City Attorney DOCSSF 1:509~67.1 40213-25 SS4 CERTIFICATE RESPECTING SUFFICIENCY OF PETITIONS CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-1 (MING AT ALLEN/MOUNTAIN VISTA DRIVE/HAMPTON PLACE) I, the undersigned, certify: I have examined a "Petition for Special Assessment Proceedings", signed by owners of land shown on the exhibit map attached thereto, showing the boundaries of the property to be assessed for the proposed City of Bakersfield Assessment District No. 01-1 (Ming at Allen/Mountain Vista Drive/Hampton Place). I have compared the names on the petition with the names of owners of land as shown on the records of the County Assessor or as known to me. I find the petition to have been signed by owners of 100% of the described land have signed the petition. Dated: February [df , 2001 JACQUES R. LAROCHELLE, lnterim Director of Public Works, City of Bakersfield DOCSSFl:509065.l 40213-25 SS4 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-1 (MING AT ALLEN/MOUNTAIN VISTA DRIVE/HAMPTON PLACE) PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS TO THE CITY COUNCIL OF THE CITY OF BAKERSFIELD: 1. We, the undersigned, are the owners of a portion of the property shown on the exhibit map attached hereto as Exhibit A. 2. This petition is submitted to you pursuant to Sections 2804 of the California Streets and Highways Code to request that you initiate and conduct special assessment proceedings pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, Streets and Highways Code) for the purpose of financing various public improvements within the proposed assessment district, as described in the attached Exhibit B. 3. We have been advised that the present best estimate of the total amount to be assessed to the parcels in this assessment district is approximately $2,250,000. We are aware that this amount is subject to modification (increase or decrease) during the course of the legal proceedings. 4. We acknowledge each of the following: (a) THAT the cost of the project will be charged to the parcels in the assessment district in proportion to benefit, as determined by you following a public hearing; (b) THAT a report will be prepared and filed on the project, including a detailed cost estimate and a proposed allocation of the costs among the parcels of land on the basis of proportionality to the estimated benefit to each parcel, and that you will conduct a public hearing on the report and conduct the assessment ballot procedure required by Article XIIID of the California Constitution; (c) THAT the cost of engineering, legal and other incidental and financing costs will be included in the project cost; (d) THAT, assuming assessments are levied and recorded as requested by this petition, unless waived by us in writing, we will have 30 days following the recording of assessments to pay our assessment, at a discount and without interest; that, upon expiration of the 30-day cash payment period, you will take the required steps to authorize and sell limited obligation improvement bonds under the Improvement Bond Act of 1915 (Sections 8500 and following, Streets and Highways Code) in the amount of the unpaid assessments; that if we do not pre-pay our assessment in cash, it will become payable over a period of years, with interest DOCSSFl:509055.1 40213-25 SS4 and annual administrative costs added; and that the determination respecting the period of years and the interest rate or rates to be established by the bond sale. (e) THAT, if we do not pre-pay our assessments, annual installments of principal, interest and administrative costs will be collected on the property tax roll; that such installments will be subject to the same late charges and penalties as for property taxes if we do not pay such installments by the annual December 10 and April 10 deadlines; and that our parcel is subject to foreclosure (no notice of delinquency or grace period) if we do not pay by said annual deadlines. (f) THAT, pursuant to provisions of Article XIIID of the California Constitution, protests to the proceedings will be counted solely upon the amount assessed to the property for which a protest assessment ballot is submitted. 5. We waive investigation proceedings and all other provisions of Division 4, Streets and Highways Code, as provided in Section 2804 of that code. Dated: January 31, 2001 Respectfully submitted, HAMPTON PLACE LLC Do?ff'udkin~/ [Add Exhibits A and BI DOCSSFl:5~9055.1 40213-25 SS4 2 OF ASSESSMENT DISTRICT NO 01-1 , ~-I---~' - ~ _~°~L~'?~~ L, ~ , .... ~ ~ L ~-J MING AT A~LEN AREA - )F ASSESSMENT DISTRICT NO. 01-i EXHIBIT A LOCATION MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 01-1 NORTH i YKILSON & EXHIBIT A LOCATION MAP OF PROPOSED BOUNDARIES OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-1 County of Kern, State of California EXHIBIT B 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. JENKINS 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. CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-1 (MING AT ALLEN/MOUNTAIN VISTA DRIVE/HAMPTON PLACE) PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS TO THE CITY COUNCIL OF THE CITY OF BAKERSFIELD: 1. We, the undersigned, are the owners of a portion of the property shown on the exhibit map attached hereto as Exhibit A. 2. This petition is submitted to you pursuant to Sections 2804 of the California Streets and Highways Code to request that you initiate and conduct special assessment proceedings pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, Streets and Highways Code) for the purpose of financing various public improvements within the proposed assessment district, as described in the attached Exhibit B. 3. We have been advised that the present best estimate of the total amount to be assessed to the parcels in this assessment district is approximately $2,250,000. We are aware that this amount is subject to modification (increase or decrease) during the course of the legal proceedings. 4. We acknowledge each of the following: (a) THAT the cost of the project will be charged to the parcels in the assessment district in proportion to benefit, as determined by you following a public hearing; (b) THAT a report will be prepared and filed on the project, including a detailed cost estimate and a proposed allocation of the costs among the parcels of land on the basis of proportionality to the estimated benefit to each parcel, and that you will conduct a public hearing on the report and conduct the assessment ballot procedure required by Article XII1D of the California Constitution; (c) THAT the cost of engineering, legal and other incidental and financing costs will be included in the project cost; (d) THAT, assuming assessments are levied and recorded as requested by this petition, unless waived by us in writing, we will have 30 days following the recording of assessments to pay our assessment, at a discount and without interest; that, upon expiration of the 30-day cash payment period, you will take the required steps to authorize and sell limited obligation improvement bonds under the Improvement Bond Act of 1915 (Sections 8500 and following, Streets and Highways Code) in the amount of the unpaid assessments; that if we do not pre-pay our assessment in cash, it will become payable over a period of years, with interest DOCSSFi:S0~0S0.1 :'~ %~' 40213-25 SS4 ~ r- and annual administrative costs added; and that the determination respecting the period of years and the interest rate or rates to be established by the bond sale. (e) THAT, if we do not pre-pay our assessments, annual installments of principal, interest and administrative costs will be collected on the property tax roll; that such installments will be subject to the same late charges and penalties as for property taxes if we do not pay such installments by the annual December 10 and April 10 deadlines; and that our parcel is subject to foreclosure (no notice of delinquency or grace period) if we do not pay by said annual deadlines. (f) THAT, pursuant to provisions of Article XIIID of the California Constitution, protests to the proceedings will be counted solely upon the amount assessed to the property for which a protest assessment ballot is submitted. 5. We waive investigation proceedings and all other provisions of Division 4, Streets and Highways Code, as provided in Section 2804 of that code. Dated: January 31, 2001 Respectfully submitted, COLEI~AN HOME~ Brim A-fexander Land Development Manager [Add Exhibits A and B] DOCSSFI:$09050.1 40213-25 SS4 2 PLC~PTON PLACE AREA OF ASSESSMENT DISTRICT NO O1 i MING AT ALLEN AREA OF ASSESSMENT DISTRICT NO. 01-i 12 7 EXHIBIT A LOCATION MAP OF PROPOSED BOUNDARIES 0¥ ASSESSMENT DISTRICT NO. 01-1 LEGEND IORTH WILSON ASSOC./,~ 5~S EXHIBIT A LOCATION MAP OF PROPOSED BOUNDARIES OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. County of Ke~n, State of California EXHIBIT B 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. JENKINS 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:A~'i~e.