HomeMy WebLinkAboutROI NO 1182RESOLUTION OF INTENTION NO. 1182
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 98-1
(BRIMHALL IV/STOCKDALE HIGHWAY COMMERCIAL/GOSFORD INDUSTRIAL)
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 m~d/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. 98-1 (Brimhall IV/Stockdale Highway Commemial/Gosford
Industrial), 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 cross-hatch pattern. The land within the exterior
boundaries shown on the map shall be designated "City of Bakersfield Assessment District No.
98-1 (Brimhall IV/Stockdale Highway Commercial/Gosford Industrial), 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. "]'his 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 beating 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 arid Highways Code), and the last
installment of the bonds shall mature not to exceed twenty-fi)ur (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 deticiency 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.
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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 XIIID 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.
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 November 4, 1998, by
the following vote:
AYES; Councilmember
NOES; Councihnember
ABSTAIN; Councihnember
ABSENT: Councilmember
Carson, Demond, Smith, McDermott, Rowles, Sullivan, Salvaggio
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
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APPROVED this 4th day of November, 1998
MAY~'~ ~iot' Bakersfield
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCLIFFE LLP
Bond Counsel
COUNTERSIGNED:
CITY ATTORNEY of the
City of Bakersfield
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EXHIBIT "A"
To the Resolution of Intention
DESCRIPTION OF IMPROVEMENTS TO BE ACQUIRED AND
BENEFITED AREAS FOR ASSESSMENT DISTRICT 98-1
Stockdale Highway Commercial
STOCKDALE HIGHWAY IMPROVEMENTS
Construction of Stockdale Highway specified improvements to City Standards. The
following specified segments more particularly describe the project:
Segment 1.'
Station 123+50 to the East Line of Section 6.
Construction of the north side surface improvements for median
landscape (whole median), pavement widening, curb, gutter,
sidewalk, street lighting~ storm drain facilities, sewer and water.
Segment 2:
Segment 3:
East Line of Section 6 to the Kern River Canal Bridge.
Construction of the north side surface improvements for median
deposit (half median), pavement widening, curb, gutter, sidewalk,
street lighting, storm drain facilities, sewer and water.
Kern River Canal Bridge to Coopers Nursery (Station 160+90).
Construction of 16" waterline to a point of tie-in near Coopers
Nursery.
RIVER WALK OFFSITE IMPROVEMENTS
This work includes the construction of Stockdale Highway and Calloway Drive
improvements that will support the first phase construction of the River Walk
Commercial Development. Items of construction include grading, curb, gutter, sidewalk,
stom~ drain, sewer, water, street lighting, utility relocation and paving. These items of
construction on Stockdale Highway will match in to the construction for the Stockdale
Highway Improvements described above. Some improvements are also West of
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Calloway Drive.
Brimhall, North Haftof Section 36
BRIMHALL ROAD, ALLEN ROAD TO JEWETTA AVENUE
These improvements include grading, curb, gutter, sidewalk, storm drain, sewer, water, street
lighting and utilities for the south half of Brimhall Road from Allen Road to Jewetta Avenue.
In the event funding is available, wall and landscape improvements are to be included.
OLD FARM ROAD, NORTH
These improvements include grading, curb, gutter, sidewalk, storm drain, sewer, water, street
lighting, utilities and traffic signal for Old Farm Road from Brimhall Road South
approximately 1800 feet. In the event funding is available, wall and landscape improvements
are to be included.
SE ~ Section 20 Industrial Area
GOSFORD ROAD
These improvements include grading, curb, gutter, sidewalk, storm drain, sewer, water, street
lighting and utilities for the west half of Gosford Road from Harris Road to Panama Lane.
PANAMA LANE
These improvements include grading, curb, gutter, sidewalk, storm drain, sewer, water, street
lighting and utilities for the north half of Panama Lane from Gosford Road west to Progress
Rd.
SOUTH HALF HARRIS ROAD
These improvements include grading, curb, gutter, sidewalk, storm drain, sewer, water, street
lighting and utilities for the south half of Harris Road from Progress Road to Gosford Road.
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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 10th day of November ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1182
passed by the Bakersfield City Council at a meeting held on the 4th day of November,
1998, and entitled:
A RESOLUTION OF INTENTION NO. 1182, CITY OF
BAKERSFIELD, ASSESSMENT DISTRICT NO. 98-1
(BRIMHALL IV/STOCKDALE HIGHWAY
COMMERCIAL/GOSFORD INDUSTRIAL).
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk(/
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November 10, 1998