HomeMy WebLinkAboutROI NO 1586
RESOLUTION OF INTENTION NO. 1586
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 08-1
(MONTECITO OAKS)
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. 08-1 (Montecito Oaks), 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. 08-1 (Montecito Oaks), County of
Kern, State of California."
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES
AND RESOL YES 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 ofland, 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
eliminate the disparity by doing work on the private property instead of adjusting the work on
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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 proj ect, 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 xmD of the California Constitution.
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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 13,2008, by
the following vote:
~
NOES:
ABSTAIN:
ABSENT:
COVNCILMEMBER
COVNCILMEMBER ~
COVNCILMEMBER h nr...L-
COVNCILMEMBER ~ LU l.n~
CAR~, BEN~M, wEli( CO~ HA~ g{.jU.J'::<lJ, SC~ER
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City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
Bond Counsel
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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EXHmIT A
DESCRIPTION OF IMPROVEMENTS
The Assessment District No. 08-1 ("AD 08-1") 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 which are generally described as follows:
Montecito Q3ks N9rth Area (Tract No. 6757 and Tract No. 6758}
MOUNTAIN RIDGE DRIVE (WEST SIDE) IMPROVEMENTS:
Construction of the west side of Mountain Ridge Drive along the frontage of Tract No. 6757
(between the southerly boundary of Tract No. 6757 and McKee Road), including grading, paving,
curb, gutter, sidewalk, handicap ramps, street signs, street lights, striping, and subdivision block
wall.
McKEE ROAD (SOUTH SIDE) IMPROVEMENTS:
Construction of the south side of McKee Road along the frontage of Tract No. 6757 (between
Mountain Ridge Drive and Ashe Road), including grading, paving, curb, gutter, sidewalk, handicap
ramps, street signs, street lights, striping, and subdivision block wail.
ASHE ROAD (EAST SIDE) IMPROVEMENTS (north portion):
Construction of the east side of Ashe Road along the frontage of Tract No. 6757 (between the
southerly boundary of Tract No. 6757 and McKee Road), including grading, paving, curb, gutter,
sidewalk, handicap ramps, street signs, street lights, striping, and subdivision block wail.
ASHE ROAD (EAST SIDE) IMPROVEMENTS (south portion):
Construction of the east side of Ashe Road along the frontage of Tract No. 6758 (between the
northerly boundary and the southerly boundary of Tract No. 6758), including grading, paving, curb,
gutter, sidewalk, handicap ramps, street signs, street lights, striping, and subdivision block waIl.
ASHE ROAD SEWER TRUNK LINE IMPROVEMENTS:
A portion of the total cost of the Curnow Trunk Sewer Planned Sewer Area (the "Curnow PSA")
pipeline improvements in Ashe Road up to the amount of the City's Curnow PSA fees for Tract No.
6757 and Tract No. 6758.
CITY FACILITIES FEES:
Payment of City MBHCP fees, water supply fees, and park land in-lieu fees for Tract No. 6757 and
Tract No. 6758.
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}W:ontecito Oaks South Area (Tract No. 6759)
MOUNTAIN RIDGE DRIVE (WEST SIDE) IMPROVEMENTS:
Construction of the west side of Mountain Ridge Drive along the frontage of Tract No. 6759
(between the southerly boundary and the northerly boundary of Tract No. 6759), including grading,
paving, curb, gutter, sidewalk, handicap ramps, street signs, street lights, striping, and subdivision
block wall.
TRACT NO. 6759 ON-SITE STORM DRAIN IMPROVEMENTS:
Construction of a complete on-site (in-tract) storm drain system for Tract No. 6759, including
pipelines with manholes, catch basins, outlet structures, a storm drain sump, and block wall/fence
(with gates) around the sump.
ASHE ROAD SEWER TRUNK LINE IMPROVEMENTS:
A portion of the total cost of the Curnow PSA pipeline improvements in Ashe Road up to the
amount of the City's Curnow PSA fees for Tract No. 6759.
CITY FACILITIES FEES:
Payment of City MBHCP fees, water supply fees, and park land in-lieu fees for Tract No. 6759.
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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 14TH
day of JANUARY. 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1586,
passed by the Bakersfield City Council at a meeting held on the 13TH day of
FEBRUARY. 2008 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
LEVY A SPECIAL ASSESSMENT UPON DESIGNATION OF LAND
WITHIN PROPOSED ASSESSMENT DISTRICT NO. 08-1 (MONTECITO
OAKS).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP.ROI. wpd
2/14/2008
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CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 08-1
(MONTECITO OAKS)
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POSTED ON
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City of
Bakersfield
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RESOLUTION OF INTENTION NO. 1586
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. 08-1 (Montecito Oaks), 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. 08-1 (Montecito Oaks), 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
eliminate the disparity by doing work on the private property instead of adjusting the work on
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