Loading...
HomeMy WebLinkAboutROI NO 1254RESOLUTION OF iNTENTION NO. 1 ~ CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-2 (SEVEN OAKS WEST II/RIVER WALKJSOUTHERN 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. 01-2 (Seven Oaks West II/River Wal!~Southem Oaks), 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. 01-2 (Seven Oaks West II/River WalkJSouthem 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 described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. DOCSSFl:554458.1 40213-26 SS4 ORIGINAL 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 (0 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 DOCSSFl:554458.1 40213-26 SS4 2 OR1GINA! 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 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. DOC$$Fl:554458.1 40213-26 SS4 3 ORIGINA[ 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 October 3, 2001 by the following vote: AYES: NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER City Clerk and Ex Officio (d Clerk of the Council of the City of Bakersfield APPROVED this 3rd day of October, 2001 HARVEY L. HALL Mayor of~he~ity of Baker~,~ield .~ ~ APPROVED AS TO FORM: ORRICK, HERRINGTON & SUTCLIFFE LLP B°n _CT1 ,,; APPROVED AS TO FORM: BART J. THILTGEN City Attorney DOCSSFl:554455.l 40213-26 5S4 4 OR1GtNA~ EXHIBIT A DESCRIPTION OF IMPROVEMENTS The Assessment District No. 01-2 ("AD 01-2") 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, water, and gas lines, block walls, and landscaping at the locations listed below. Seven Oaks West ll-A Area (Tract No. 6043) MING AVENUE IMPROVEMENTS (GRAND ISLAND AVENUE TO WEST SIDE OF COMMERCIAL): Construction on the north side of the street including landscape grading, sidewalk, storm drain, water, street lighting, and utilities for street lighting. MING AVENUE IMPROVEMENTS (KERN RIVER CANAL TO GRAND ISLAND AVENUE): Construction of the north side of the street including grading, curb, gutter, sidewalk, median curb, median landscaping, paving, sewer, water, street lighting, utilities, block wall, and landscaping. STORM DRAIN IMPROVEMENTS (NORTH SIDE OF MING AVENUE): These improvements include sump excavation, storm drain, manholes, catch basins, outlet structure, and fencing for storm drain from the west boundary of the commercial site to the Kern River Canal. Seven Oaks West II-B Area (Tracts Nos. 6030 and 6055) MING AVENUE CANAL CROSSING IMPROVEMENTS: These improvements include structure excavation and backfill, canal lining removal and repair, reinforced concrete for wing walls and culvert, sewer line crossing, water line crossing, curb, gutter, paving, and monument encasement for the complete construction of the Kern River Canal crossing for Ming Avenue. MING AVENUE IMPROVEMENTS (KERN RIVER CANAL TO GRAND ISLAND AVENUE): Construction of the south side of the street including grading, curb, gutter, sidewalk, median curb, median landscaping, paving, water, street lighting, utilities, block wall, and landscaping. SEWER EXTENSION IMPROVEMENTS: These improvements include construction of sewer line, manholes, and tie-in for a sewer extension from Allen Road to the west boundary of Tract No. 6030. Seven Oaks West II-C Area (Tracts Nos. 6001, 6045, and 6046) WHITE LANE IMPROVEMENTS: Construction of the north side of the street including grading, curb, gutter, sidewalk, storm drain, water, paving, street lighting, utilities for street lighting, and median deposit for White Lane from the west boundary of the existing sump to Windermere Street. In the ex,mt funding is available, block ,vail and landscape improvements may be included. WINDERMERE STREET IMPROVEMENTS: Construction of the entire street including grading, curb, gutter, sidewalk, storm drain, sewer, water, paving, street lighting, and utilities for street lighting fromWhite Laneto Chamber Boulevard Inthe event funding is available, block wall and landscape improvements may be included. CHAMBER BOULEVARD IMPROVEMENTS: Construction of the entire street including grading curb, gutter, sidewalk, water, paving, street lighting, and utilities for street lighting for Chamber Boulevard from Windermere Street to the west boundary of Tract No. 6046. In the event funding is available, block wall and landscape improvements may be included. River Walk Area STOCKDALE HIGHVgAY IMPROVEMENTS: Construction of the north side of Stockdale Highway xvesterly from Calloway Drive to the Stockdale High~vay Kern River bridge includes grading, curb, gutter, sidewalk, median curb and median curb and gutter, storm drain, sexver, water, street lighting, utility trenching for street lights, paving, and landscaping and block wall for the future storm drainage detention basin on the south side of Stockdale Highway. PIONEER CANAL RELOCATION IMPROVEMENTS: Construction of four barrels of 66" RCP piping to underground the existing Pioneer Canal including connection to the existing piping and extension to the Kern River Canal terminating in an outlet structure with rip rap, backfill of the existing canal, protective fencing, canal gates, and the turnout structure. KERN RIVER PARK CUL-DE-SAC IMPROVEMENTS: Construction of the extension of Buena Vista Road northerly from Stockdale Highway terminating in a cul-de-sac in the Kern River Park site parcel, including grading, curb, gutter, sidewalk, water, street lighting, gas main, joint utility trench, and paving. 2 ORIGINAL Southern Oaks Area (Tract No. 5940) CAMPUS PARK DRIVE IMPROVEMENTS (ALONG TRACT NO. 5940 PHASES A AND B): Construction of the south side of the slreet including grading, curb. gutter, sidewalk, paving, street lighting, utilities, block wall, and landscape improvements from Mountain Vista Drive to Jameson Drive. MOUNTAIN VISTA DRIVE IMPROVEMENTS (ALONG TRACT NO. 5940 PHASE B): C on. struction of the east side of the street including grading, curb gutter, sidewalk, storm drain, water, paving, street lighting, utilities, block wall, and landscaping from Campus Park Drive to the southem boundary of Tract No. 5940. OLD RIVER ROAD IMPROVEMENTS (ALONG TRACT NO. 5940 PHASE F): Construction of the west side of the street including grading, curb, gutter, sidewalk, median curb, median landscaping, paving, street lighting, utilities for street lighting, block wail, and landscaping. Westdale Area TRACT NO. 6038 IMPROVEMENTS: Construction of in-tract (on-site) improvements for Tract No. 6038 including storm drain, sewer, curb, gutter, sidewalk, cross gutters, and driveways. 3 OR1GINA{.