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HomeMy WebLinkAboutRES NO 71-82 . . ';a ~.t. . -:.;. \ . . . , -...... <.:-.;;;..' . '.",.-~_. RESOLUTION NO. 71-82 RESOLUTION REQUESTING APPROVAL OF RESOLUTION OF INTENTION AND BOUNDARY MAP AND CONSENT TO THE UNDERTAKING OF PROCEEDINGS FOR THE ACQUISITION OF SEWER FACILITIES IMPROVEMENTS - CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 82-1 RESOLVED, by the City Counc il of the City of Bakers- field, Kern County, California, that: WHEREAS, it is the intention of this Council to under- take spec ial assessmen t and assessment bond proceed ing s for the acquisition of sewer facilities improvements with inter tie to the sewer system of the City of Bakersfield and to assess the cost of said improvements and the expenses incidental thereto upon the District benefited thereby, being that area a portion of which is in the unincorporated area of Kern County more particularly des- cribed in a map of the assessment district which is the boundary map and indicates by a boundary line the extent of the territory .; included in the proposed assessment district and is attached here- to and by reference incorporated herein; WHEREAS, a form of resolution of intention to undertake such proceedings and map indicating by a boundary line the extent of the territory included in the proposed assessment oistrict have been submitted to this Council; WHEREAS, a portion of the land to be assessed lies with- in the unincorporated territory of the County of Kern; and WHEREAS, the publ ic interest and convenience will be served by the making of said acquisitions and the levying of said assessments. NOW, THEREFORE, IT IS ORDERED as follows~ r. -Tha-t request be, and the -'sa-me Is hereby maae that the Board of Supervisors of the County of Kern approve said pro- posed form of resolution of intention and the boundary map pur- suant to Section 10104 of the Streets and Highways Code by the ~ .. . . . . ' . . . j adoption of n A Resol ution Approv ing Form of Resolution of In ten- tion and Boundary Map, and Granting Consent of the County of Kern to the City of Bakersfield for the acquisition of Sewer Facilities Improvements, Assessment District No. 82-1 said form of resolution and the boundary map being hereto attached and incor- porated herein by reference. 2. That the City Clerk of this City be, and is hereby directed to file with the Board of Supervisors of the County of Kern, a certified copy of this resolution. ---------00o--------- 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 the 7th day of July , 1982, by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: AYfS, COUNCILMEN, BARTON, CHRISTENSEN, MEANS, PAVNE, RATTY, ROCICOllF. SU1UMS NOES: COUN:: j'.\ ""'. .._.__~___ ABSENT: <:OUiJ~I.Li,\~i, -pt~ ABSTAINING: COUNCILMEN, --JA~ ~ ABSENT: COUNCILMEN: ABSTAINING: COUNCILMEN: ~,~ CITY CLERK and Ex Off ic io Clerk . / . of the Counc1l of the C1ty of Bakersfield APPROVED' this 7th day of ...,- '.,.,.=-ro..... '" (-... t .:; /~ . ~i-"p-~~:; ,r~ ~ r- ~~;~/ yo _~;/4 ~ -:-,.~ '" B;i~ of ~,;~ ; -J-.... ;- r'e _- ~:,-..i-- c_ ...r.~-~.,.- ~ - .....r:--~r _" APP~~~~IT~gp:-~form: ,.l. r _-_--:~-,'!:.,,:-,-.:'-' - _<- July , 1982. -or;. .~ --7t;Z - - / CITY ATTo~e~ Bakersfield -2- . . . - e RESOLUTION NO. RESOLUTION OF INTENTION TO ACQUIRE IMPROVEMENTS ASSESSMENT DISTRICT NO. STOCKDALE SEWER TRUNKLINE CITY OF BAKERSFIELD RESOLVED, by the City Counc il of the City of Bakers- field, California, that: 1. In its opinion the publ ic interest and convenience require and it is the intention of said City Council to order the acquisition of improvements consisting of a sewer system described in Exhibit "A" attached hereto, and by this reference made a part hereof, a portion of said improvements to be made in an unincor- porated area of the County of Kern in an assessment district designated City of Bakersfield Assessment. District No. , the exterior boundaries of which are hereinafter specified and described. 2. t'lhenever any publ ic way is herr in referred to as running between two public ways, or from or to any public way, the in tersec tions of the publ ic ways re ferred to are incl uded to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown in the records in the office of the County Recorder of the County of Kern, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of the of said City of Bakersfield. 4. All of said work and improvements to be acquired are to be constructed at the places and in . the particular loca- tions, of the forms, sizes, dimensions and materials, and at the - lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as herein- after provided. , . . . . 5. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 6. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 7. Said City Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be 1n feet and decimals thereof with reference to the datum plane of the County of Kern. 8. In cases where there is any dispari ty in level or size between the improvements proposed to be made herein and pri- vate property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 9. The descriptions of the improvements to be acquired and the termini of the work contained in this resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and pro- files of the work, and maps and descriptions, as contained in the Engineer's Report, shall be controlling as to the correct and detailed description thereof. -2- It . 10. Said contemplated acquisi tion of improvements, in the opinion of said City Council, is of more than local or ordi- nary public benefit, and the costs and expenses thereof together with any expenses incidental thereto, are made chargeable upon an assessment district, which district said Council declares to be the district benefited thereby, and that the exterior boundaries of said district are the composite and consolidated area as more particularly shown on the map of said district on file in the off ice of the City Clerk of the City of Bakersf ield and approved by said Council by Resolution No. and to which reference is hereby "made for further partic ulars . Said map ind ica tes by a boundary line the ex ten t of the terri tory included in the proposed district and shall govern for all details as to the extent of the assessment district. The City Clerk is directed to endorse, file and transmit copies of said map, all as provided in Streets and Highways Code, Sections 3110 to 3112, inclusive. 11. Said City Council further declares that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said improvements. 12. Notice is hereby given that serial bonds to repre- sent the unpaid assessments, and bear interest at the rate of not to exceed twelve percent (12%) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Divi- sion 10 of the Streets and Highways Code, the last installment of such bonds shall mature not to exceed thirty~nine (39) years from the second day of July next succeeding ten (10) months from their da te . The Council further determines and declares that the principal amount of the bonds maturing in each year shall be other -3- e .. than an amount equal to an even annual proportion of the aggregate principal of the bonds. 13. Except as here in otherwise prov ided for the issu- ance of bonds, all of said improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 1913, as amended. 14. Reference is hereby made to proceed ings had pur- suant to Division 4 of the Streets and Highways Code on file in the office of the City Clerk of the City of Bakersfield. 15. Said proposed acquisition is hereby referred to the Engineer of Work, being a competent person employed by said City for that purpose; and said Engineer is hereby directed to make and file with the City Clerk of the of said City, a report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to be acquired. (b) Plans and specifications of the proposed improve- ments to be acquired pursuant to this Resolution of Intention. (c) Engineer's statement of the itemized and total es- timated costs and expenses of said improvements and of the inci- dental expenses in connection therewith. (d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respec- tive subdivisions of land within said district as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram. (e) A proposed assessment of the total amount of the costs and expenses of the prop?sed improvemen ts upon the several subdivisions of land in the district in proportion to the esti- mated benefits to be received by such subdivisions, respectively, from said improvements, and of the expenses incidental thereto. -4- e - \'lhen any portion or percentage of the cost and expenses of the improvements is to be paid from sources other than assess- ments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of said improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pur- suant to subdivision (d) of this Section. 16. If any excess shall be realized from the assessment it shall be used, in such amounts as the City Council may deter- mine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supple- mental assessment; or (c) For the maintenance of the improvements. 17. The estimated cost of said project is $8,503,700.00, of which the estimated amount of $8,503,700.00 will be assessed. 18. The City of Bakersfield, 1501 Truxtun Avenue, Bakersfield, California, is hereby designated as the place to call regarding any protest proceedings to be had herein. The City Staff may be contacted during the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, in person or by cal.l ing (805) 326-3767. The City staff will take contact information and a representative of the Engineer of work acting for and on behalf of the City will -5- e' e respond to answer questions. Notices to the public may also pro- vide information for making direct contact with the Engineers. ---------000--------- 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 the day of , 1982, by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: .- ABSENT: COUNC I LMEN : ABSTAINING: COUNCILMEN: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this day of , 1982. MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield -6- .: .. .. e . EXHIBIT "A" GENERAL DESCRIPTION OF IMPROVEMENTS PROPOSED FOR ACQUISITION UNDER CITY OF BAKERSFIELD ACQUISITION ASSESSMENT DISTRICT STOCKDALE SE\'lER TRUNKLINE H1PROVEMENTS COUNTY OF KERN, STATE OF CALIFORNIA 1. The acquisition by the City of Bakersfield, hereinafter referred to as the "CITY," of certain sanitary sewage pipeline improvements and appurtenant facilities generally referred to as the Stockdale Sewer Trunkline Improvements and hereinafter referred to as the "TRUNKLINE." The TRUNKLINE is to be con- s truc ted by Tenneco Real ty Developmen t Corpora tion, herein- after referred to as "TENNECO," as partial fulfillment of con- ditions of approval for those certain subdivisions of real property within City boundaries, which are known as Tentative Tracts No. 4472, 4482, 4489, 4494 and 4544 and Tentative Parcel Map No. 6547, in accordance wi th maps filed in the Office of the City Planning Director. 2. TRUNKLINE improvements to be installed by TENNECO and eligible. for acquisi tion by CITY are as shown on those certain con- struction plans approved by the CITY Engineer and include any change orders to sa id cons truc tion plans as approved by said CITY Eng ineer. TRUNKLINE improvemen ts el ig ible for acquis i- tion are described as follows: A. GOSFORD ROAD TRUNK SEWER Inc ludes sani tary sewer pipel ine improvemen ts complete wi th manholes and appurtenances as shown on CITY approved "Plans For The Construction of Gosford Road Trunk\Sewer" and includ- ing CITY approved change orders to said plans. Gosford Road Trunk Sewer is to be installed in the following described locations: . a. In r-tcCutchen Road from the point of connec tion to the existing 48-inch diameter CITY interceptor sewer at Gosford Road Trunk Sewer Manhole No.1, Station 10+46.02, westerly a distance of 4,213.98 feet, mOre or less, to Manhole No.7, Station 52+60. b. In Gosford Road from Manhole No.7, Station 52+60, northerly a distance of 11,237.32 feet more or less, to Manhole No. 27, Station 164+97.32, the point of connection with the 24-inch diameter pressure discharge line from the Gosford Road Lift Station. Manhole No. 27 is located 260 feet more or less, southerly from the centerline of pro- posed District Boulevard. A-l " e e B. GOSFORD ROAD LIFT STATION The Gosford Road Lift Station includes a complete sanitary sewage lift station and appurtenances, as shown on CITY approved "Plans For The Construction Of Gosford Road Lift Station" and including CITY approved change orders to said plans. Said lift station located 80 feet southerly, more or less, of the centerline of proposed District Boulevard and 80 feet easterly, more or less, of the Gosford Road centerline. C. CAMPUS PARK TRUNK SEWER The Campus Park Trunk Sewer includes sanitary sewer pipeline improvemen ts complete wi th manholes, pipel ine stubouts pro- viding for the future connection of tract sewers and appurte- nances as shown on CITY approved construction plans for the "Campus Park Trunk Sewer" and including CITY approved change orders. The Campus Park Trunk Sewer is to be installed in the following described locations: a. From the point of connection to the Gosford Road Lift Station, northwesterly 124.60 feet, more or less, to Cam- pus Park Trunk Sewer Manhole No.1, Station 0+00, located in the in tersec tion of Gosford Road and proposed Dis tric t Boulevard. b. Northerly in Gosford Road from Manhole No.1, 20 feet more or less, to connect with existing Drop Manhole No. 18. c. Westerly in proposed District Boulevard from Campus Park Trunk Sewer f1anhole No.1, Sta tion 0+00, a distance of 1,960.69 feet, more or less, to Hanhole No.5, Station 19+60.60, located in the intersection of proposed District and pin Oak Boulevards. d. Northerly in proposed pin Oak Boulevard! from Manhole No.5 a distance of 687 feet, more or less, to Manhole No.7, Station 26+47.69, located at the intersection of proposed pin Oak Boulevard and proposed "A" Street. e. Westerly in proposed "A" Street from Manhole No.7, a dis- tance of 1,298.53 feet, more or less, to Manhole No. 10, loca ted at the in tersec tion of proposed "A" Street and proposed Park View Drive. f. Northerly in proposed Park View Drive from Manhole No. 10 a distance of 1,696 feet, more or less, to Manhole No. 14, Station 56+46.22, located at the intersection of proposed Park View Drive and proposed Campus Park Drive. g. Westerly in proposed Campus Park Drive from Hanhole No. 14 a distance of 1,219.43 feet, more or less, to Hanhole No. 17, Station 68+65.65, located in the intersection of proposed Campus Park Drive and proposed Old River Road. A-2 " e e Manhole No. 17 being the western terminus of the Campus Park Trunk Sewer and the southern terminus of the Old River Road Trunk Sewer. D. OLD RIVER ROAD TRUNK SEWER The Old River Road Trunk Sewer incl udes . sani tary sewer pipe- 1 ine improvemen ts complete wi th manholes, pipel ine stubouts providing for the future connection of tract sewers and appur- tenances as shown on CITY approved n Sewer plans, Old River Road Trunk Sewer (Between Ming Avenue and Campus Park Drive)" and including CITY approved change orders. The Old River Road Trunk Sewer is to be installed in the following locations: a. In Old River Road from r-1anhole No.1, Station 0+00, (the po in t of discharge of the Old River Road Trunk Sewer to the Campus Park Trunk Sewer) northerly a distance of 8,164.49 feet, more or less, to the point of connection with the Ming Avenue Trunk Sewer. E. MING AVENUE TRUNK SEWER The Hing Avenue Trunk Sewer includes sani tary sewer pipel ine improvements complete with manholes, pipeline stubouts provid- ing for the future connection of tract sewers, a canal under-. crossing, connections to existing sewage pipelines and system appurtenances as shown on CITY approved liMing Avenue Trunk Sewer Plans (Between Gosford Road and Old River Road) nand including CITY approved change orders. The Ming Avenue Trunk Sewer is to be installed in the following locations: a. Ming Avenue from Hanhole No.1, Station 1+00, (located in Ming Avenue a distance of 120 feet, more or less, from the cen terl ine of Gosford Road) wes terly in Ming Avenue a dis- tance of 6,452.18 feet, more or less, to Manhole No. 14 loca ted in the in tersec tion of Ming Avenue and Old River Road. b. In the Old River Road from Hanhole No. 14 southerly 80 feet, more or less, to the point of connection with the Old River Road Trunk Sewer. 3. The above desc r ibed trunkl ine improve men ts el ig ible for CITY assessment acquisition shall be constructed by licensed Cali- fornia contractors under contracts awarded by TENNECO to the lowest responsible bidder for the scope of work offered. 4. The acquisition cost of eligible improvements shall include the actual contract price for construction of the improvements as paid to contractors by TENNECO, including allowances for cost increases or decreases resulting from CITY approved con- tract change orders. Additional eligible costs shall include the costs for materials, labor, design engineering, soils A-3 ~.. .. . . . .. . N testing, computer analysis, construction inspection and sur- veys, inspec tion fees, assessmen t eng ineer ing, bond counsel and attorneys' fees, agency assessmen t administra tion charges and other charges associated with the doing of all incidental work and payment of expenses therefore, as necessary to accom- plish any of the foregoing and making all acquisitions auxili- ary to any of the foregoing which may be necessary to complete the same in accordance with the requirements of the CITY, the Co un ty of Kern, any agency of the Sta te of Cal ifornia or of the Federal Government, any special district of local govern- ment, or regulated public utility company. 5. The acquis i tion of easemen ts, incl uding construc tion ease- ments, or capacity rights necessary by reason of the foregoing described work. 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I " _ :...~ '~{J:'I.__ '?..i ,~~ t ~ < .:. .. , / 1;-- LEGEND ............ BOUNDARY OF PROPOSED ASSESSMENT DISTRICT ... -~ ;;-~ ~ '1 ., ~. (. \" ~ ~,,-; ;-::~" ;,.' . . ~ ...,. ~ .. . ... ':::::. ':4.\, '...' '-' '.. ~"'J ~ ~ - ~ '\. ,... ,....... ".. ----, '. -............ \ 'Q; ,,- ~. '. ___.... _. '--./ '-"~ i. ......'-. ~____,--'" . ~ _ ~.. -. -- :::.n~-:.:.-......:::::~~n..~...n) j ~'<::-'.. -0------ /\:.:.~. - 0 ~ . 001 .. .7' . I' '> ~ "'-.::' .. '. : ..' ') i ~.;'> '. (~,~" ~,~\< , - ':;;... ,,~...:.~~' / ~ I.~" \ ...,.~ ,....; ,\, "~' _-- "~'. ~L. -; ~ P.) ~ <", _' c........,.. ~ ~ ---. ' ______ ... ~ ~./ ~ / .-::.~: '~~' ,;~ \:-, ..... ~ 0' ~~.,,-.; . ____ . -::.--. . C"\ ~. _ ~ ----. \ . ....---- I , V I - - ,,~ t/ .., .: ~ ~~. .. J' ~ ~ ------" . p.. .. , t - /- ~ ......... , () --- ....: T /. I ---- " .- '\-.; ~ --.:~,.....,: ::,. -- ,;~.:; ./ . ]. - - - -. D....... .......----- - ~ .. ""-""- O. ~\---> , 4._., '" .......... ,....~." ... .-L._ ,_ . - t :\.. ........._......... " _.... ._..... . l 1, ~v..c-:J~-<.o. i " ~ ~.,:.: ". · - ''t" \ . ~_~~~~..~A. ~'.. -P-. f~[f~~-~. ----"'5 :;;S;;'_.~t. ~\j ~ _ ( J . ~.:::: ~- '",- ~ -- ~i -.r: - r -..- -' -~ .. - " - " :... - - . - : .-- --l : .:.-l '. '\t.' J <' _ ... _I ___ ...~__ __ :__~ ' __~.~ I I ... .... I . . '" . ..l. i ' .,"" ~ ~ ~"" C' r 1 i _ .'~_ / :,. .. . , oJ . . , . ,. . ~ ~.~ '. . '. , :.s · .......... STOCKDALE SEWER TRUNK LINE .. . " STP NO. 3 / CITY OF BAKERSFIELD / --=-. o ~ " " .~. ,," : :.~ . '(' ~ ." .. ~ -- - // . ~ ~ .. ,." "'. . . . , / '.". . / ~ ' . 3" .,' . · 1 .. / . . .. _ ..~ _ _ __-r--~--=..:_.. _ ---,. .'// T __ ~. EXHIBIT A , .. PROPOSED EXTERIOR BOUNDARIES CITY OF BAKERSFIELD ACQUISITION ASSESSMENT DISTRICT STOCKDALE SEWER TRUNK LINE IMPROVEMENTS. COUNTY OF KERN, STATE OF CALIFORNIA JULY, 1982 PAGE 1 OF 1 PAGES ,-. "-, '-/ -..........- '-./