HomeMy WebLinkAboutROI NO 1199RESOLUTION OF INTENTION NO. 1199
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 2-19 (GOSFORD, DISTRICT SE), TO
THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT,
THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF
THE BENEFIT FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide
for the payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the several lots or parcels of property within the
maintenance district established therefore; and
WHEREAS, the property owners have requested the City Council to include
the property within the Consolidated Maintenance District in accordance with the
procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of the
City of Bakersfield and the Public Works Director recommends addition of territory to the
Consolidated Maintenance District; and
WHEREAS, the City Council desires that a City owned sewer lift station
parcel within the proposed additional territory be excluded from the district as this property
receives no benefit from the district; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
add territory, Area 2-19 (Gosford, District SE), to the Consolidated Maintenance District,
said area is generally described in Exhibit "A" attached hereto, to maintain and operate the
local improvements including public street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the Clerk
of said Council his Report, attached hereto and incorporated herein by reference as
Exhibit "1 ", containing the following:
(a)
a description of the boundary of the additional territory, attached
hereto as Exhibit "A"; and
(b)
a map and assessment diagram of the additional territory, attached
hereto as Exhibit "B"; and
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(c) the benefit formula set forth as Exhibit "C"; and
(d)
a budget, Exhibit "D," containing the matters specified in Section
13.04.130 of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E"; and
WHEREAS, the City of Bakersfield has received letters from the owners of
the property described in Parcel Map No. 10584, which waive any and all hearings
(whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
WHEREAS, said property owners have returned their assessment ballots
indicating their support of the proposed assessments and inclusion in the Consolidated
Maintenance District.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
herein.
The foregoing recitals are true and correct and are incorporated
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the boundaries so specified
and described is the area, (Area 2-19, Cosford, District SE), benefitting from said local
improvements; that the expense of maintaining and operating said improvements is hereby
made assessable upon said area; and that the exterior boundaries thereof are hereby
specified and described to be as shown on that certain map marked Exhibit "B", attached
hereto and incorporated in this resolution as though fully set forth herein, entitled "Map
and Assessment Diagram for Addition of Territory, Area 2-19 (Cosford, District SE) to the
Consolidated Maintenance District, Bakersfield, California," which map indicates by a
boundary line the extent of the territory to be added tO the Consolidated Maintenance
District and shall govern for all details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street Tier 1
zone of benefit and is assessed an amount not to exceed $100.00 per equivalent dwelling
unit per year.
-o0o-
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by
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
Council of ~9 City of Bakersfield at a regular meeting thereof held on
JUL 2,1 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH. ~, SULLIVAN, SALVAGGIO
COUNCILMEMBER N O N E.
COUNCILMEMBER" P,,OvJ LE5
COUNCILMEMBER kJC> r~ ~
Council of the City of
APPROVED
.JUL ~ 1 19~
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
1,~,, r'*
ORiGIN~',L
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 2-19 (Gosford, District SE)
Fiscal Year 1999-2000
Addition of territory, Area 2-19 (Gosford, District SE) to the Consolidated
Maintenance District is generally described as an area bounded by District Blvd. on the
north, a line 837 feet east of Gosford Road on the east, the Southern Pacific Railroad on
the south and Gosford Road on the west, and as specifically shown on Map and
Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by
reference as though fully set forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public
Works Director makes and files this Report and proposed assessment of and upon all
parcels of property within the area for the cost of maintaining public street medians and
other public street landscaping improvements. The improvements generally include,
but are not limited to, plant forms, drainage facilities, irrigation system pipes, conduits,
water mains and/or sprinkler systems therefore, sidewalks, walkways, and ornamental
planting, including shrubs, ground covers and trees now existing or hereafter to be
constructed or planted in and for said area and are of a public nature. The assessment
includes the cost of necessary repairs, replacement, water, electricity, care, supervision
and any and all other items necessary for the proper maintenance and operation thereof,
and all additions and improvements thereto which may hereafter be made.
For many years, public parks, public street median and other public street
landscaping improvements in the City were maintained through traditional tax revenues.
After Proposition 13, in 1978, funds available for maintenance and operation of parks,
street median and other street landscaping improvements were substantially reduced. At
present, the City's budget does not allow for maintenance and operation of street
landscaping improvements of the type described above. Thus, without funds for
maintenance and operating costs from a source other than general tax revenues, the City
does not permit new public parks, street median and other street landscaping
improvements to be constructed within the City.
Additional territory, Area 2-19 (Gosford, District SE) is being added to the
Consolidated Maintenance District for the maintenance of public street median and other
street landscaping. The area will be assigned an appropriate tier in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other
parcels receiving a similar benefit.
EXHIBIT "1"
All parcels within this area will have a zero assessment for the 1999-2000
fiscal year as shown in Exhibit "E". When landscape improvements have been completed,
it is expected to be placed in street tier 1. The estimated maximum cost for non-residential
development is $100.00 per Equivalent Dwelling Unit based on full buildout of the benefit
area at existing zoning, using 1999 dollars and 1999 Parks Department maintenance and
overhead costs.
The area will consist of non-residential use, thus all parcels within the area
will be affected. Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
Public median and street landscaping will benefit all the lots or parcels and
will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit
Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this
resolution as though fully set forth herein.
NOW THEREFORE, I, FtAUL M. FtOJAS, Director of Public Works of the City
of Bakersfield, by virtue of the power vested in me and the order of the Council of said
City, hereby submit the Fiscal Year 1999-2000 Budget and Assessment Roll as set forth
in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as
though fully set forth, upon all parcels of property within additional area (Area 2-19,
Gosford, District SE), subject to be assessed to pay the cost of maintenance and operation
in said area.
Dated:
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 2-19
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 16, T 30 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Commencing at the SW corner of said Section 16, thence North 00° 39' 35" East,
along the west line of said Section 16 also being the centerline of Gosford Road,
a distance of 152.62 feet, to the westerly prolongation of the south line of parcel 3
of Parcel Map 8010 and the TRUE POINT OF BEGINNING;
THENCE (1) Continuing North 00° 39' 35" East, along said west line and centerline,
a distance of 754.88 to intersect the centerline of District Boulevard;
THENCE (2) South 89° 12' 44" East, along the centerline of District Boulevard, a
distance of 836.93 feet, more or less, to intersect the northerly prolongation of the
east line of said parcel 3;
THENCE (3) South 00° 46' 59" West, along said east line and prolongation thereof,
a distance of 755.95 feet, to the southeast corner of said parcel 3;
THENCE (4) North 89° 08' 18" West, along the south line of said parcel 3 and
prolongation thereof, a distance of 835.55, to intersect the west line of said Section
16 and the TRUE POINT OF BEGINNING.
Excepting therefrom the City owned sewer lift station site described as parcel (1) per grant
deed recorded June 29, 1983 in Book 5565 Page 1988, O.R.
EXHIBIT "A"
ORIG~t~L
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
CONSOLID TENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
DI<,!i;1'RICT BOULEVARD
6366/0R/1796 KCR
II
NOT TO SCALE
PARCEL 1
PARCEl+ MAP NO 7626
N89'12'44"W (BASIS OF BEARINGS) 15~5.,)2'(M)
3°9.00'
PARCEL 2
~ '74'_9.!'(M)
FILED IN THE OFFICE OF THE CITY CLERK THIS .... DAY
0r , lg__
CIT, CLERK OF THE CITY OF
B~KERSFIELD, CALIFORNIA
AN ASSESSMENT WAS LEVIED BY r'HE CITY COUNC::L ON THE LOIS.
PIECES AND PABCELS OF LAND SHOWN ON THIS ASSESSMENT DIACRAM
SAID ASSESSMENT WAS LE"AED ON THE ____ DA~ OF
lgj SAID ASSESSMENT DIAURAM AND
THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE
DEPARTMENT OF PUBLIC WORKS OF SAID CiTY ON 'HE DAI
OF . 19__. REFERENCE IS MA,:]E 1D THE
ASSESSMENT ROLL RECORDED tN THE OFFICE OF IHE DEPARTMENT OF
PUBLIC WORKS FOR I~E EXACT AMOUNT OF EACH ASSESSMENT LEV1ED
AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM
CLERK OF THE CIT'~ OF
BAKER:;FIELO, CALIFORNIA
FILED FOR RECORD IHIS DAY OF
19__, AT ,M,IN BOOK ...... OF ASSESSMENT
DISTRICTS AT PAGE 4N THE OFFICE OF ~-IE COUNTY
RECORDER OF THE COUNT~ OF KERN, STA~: OF CALIFORNIA
JAMES w. MAPLES
COUNTY ASSESSOR-RECORDER
BY
CHIEF DEPUTY RECORDER
RECORDED IN THE OFFICE OF THE DEPARTMENT OF PLIBLJC WORKS
Tilts DAY OF 19~
[)~RECTOR OF PUBLIC WORKS
BAKERfiFIELO, CALIFORNIA
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel in the Street Landscaping Zone of Benefit shall be assessed the
amount as defined in (1) below:
Each parcel in the Park Zone of Benefit shall be assessed the amount as defined
in (2) below:
Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of
the amounts as defined in (1) and (2) below:
(1) shall equal the dollar amount budgeted for the maintenance and operation
of the STREET LANDSCAPING (S) within the district, adjusted for prior year
fund balance or deficit;
Multiplied by (a):
Multiplied by (t):
Divided by (b):
The number of Equivalent Dwelling Units (EDU's) for
the parcel, and;
The factor for the tier level, which equals the street tier
number, and;
The total number of street EDU's in the district.
(1) = Sxaxt
b
NOTE: Undeveloped residential and commercial parcels with no existing adjacent median
or street landscaping shall be assessed one-half the number of EDU's for that parcel.
Undeveloped industrial parcels with no existing adjacent median or street landscaping
shall be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area
(3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for
street landscaping.
(2) shall be the dollar amount budgeted for the maintenance and operation
of the PARKS (P) within the district, adjusted for prior year fund balance or
deficit;
Multiplied by (a): The number of EDU's for the parcel, and;
Multiplied by (t):
Divided by (b):
The factor for the tier. level, which equals the park tier
number, and;
The total number of park EDU's in the district.
(2) = P x a x t
b
EQUIVALENT DWELLING UNIT (EDU) CHART
Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning
as follows:
USE EDU REMARKS
Agricultural Zone
1.0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0 Per parcel
Undeveloped R-1 zoned
5 acres or more.
4/acre
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Rounded down to the
nearest whole number.
Multi-Family (Attached)
0.71/unit
Undeveloped R-2, R-3
0.71/unit
Number of units shall equal
the acreage multiplied by 12
rounded down to the nearest
whole number.
Non Residential
6/acre
Rounded to nearest .01
Mobile Homes in parks
(Rent Space)
0.71/unit
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per the
above.
EXHIBIT:~"'
Page 2~.e,f 4
(:~P, YStNAL
EDU EXCEPTIONS
Several exceptions have been made to the base EDU rates in the areas listed below due
to commitments made at the time of formation of the original districts.
USE EDU REMARKS
Polo Grounds
Undeveloped R-I zoned
5 acres or more.
Parkside Village
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Single Family
Dwelling Unit (Vineyard)
1.0
Multi-Family
Dwelling Unit (Shores)
0.86/unit
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
0.58/unit
Non Residential
(Castle & Cooke)
24.26
Non Residential
(Parkside Partners)
7.56
Brimhall & Verdugo,
Seven Oaks, North & South
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
Page ~iof 4
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
EDU
3
0,71/unit
12 units/Acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Chester Avenue
6/acre
Area for each parcel is based
50% on lot area and 50% on
building area.
S:~PROJECTS~4AINDIST\FORMULAS'ExhC99.wpd
EXHiBiT>~;IkK~
0FTM, i!~L~tN
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 2-19
Said assessment is made in accordance with the benefit formula attached hereto.
1999-2000
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balancel(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$0.00
S:\PROJECTS\MAINDIS'I'XEXHIBITD~,MD2-19D.WB2
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 2-19
FISCAL YEAR 1999-2000
Assessment Parcel No.
as shown on Map
Exhibit "B"
385-013-08-00-4
Total amount to
be collected for
FY 1999-2000
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"
Page 1
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Parcel Map No. 10584 Parcel Nos. A through C
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of ,199__ by
Credit Suisse Leasing 92& L.P.. a Delaware Limited Parmership, (heremaRer, "Owner"), in connection with
the Consolidated Maintenance District, located in the City of Bakersfield, Califomia.
The real property herein described is located within Street Tier 1 of the Consolidated
Maintenance District, and may be assessed for maintenance of public landscaping on public rights-of-way
within the district.
Although this property may have been assessed a lesser amount in the present tax year, the
ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this
district, is $100.00 per equivalent dwelling unit, based on 1999 dollars and labor costs of the district.
This covenant may not be amended or modified without the prior approval of the City of
Bakersfield. This covenant shall mn with the land.
Dated this __ day of_
Owner(s)/Developer(s):
Credit Suisse Leasing 92A, L.P.,
a Delaware Limited Partnership
, 199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
S :'~PROJECTSXlvlD\COVENANTLPMst
C,R~!2iN~,L
~?~49483632 HD LEGAL DEPT ?48 P02/0~ ~UL 1~ '99 ~3;56
July 12, 1999
3800 W. Chapman Ave · Orange, CA 92868
(714) 940-3500
City of Bakersfield
Public Works Department
1501 Truxttm Avenue
Bakesfield, CA 93301
Attn: Marjan P. Shaw
InclUsiOn of Parcel Map No. 10,584 in a M~intenance District
Gentlemen:
We, the undersigned, as owners of the property included within Parcel
Map No. 10,584 hereby request that the property be included within the Consolidated
Maintenance District. This request is pursuant to the requirements of Municipal Code
Section 13.04.021.
The fees to cover the costs of inclusion within the Consolidated
Maintenance District have already been paid. Further, our engineer has supplied you
with a disk copy of the Parcel Map No. 10,584 for your use.
We also waive our right to any and all hearings (whether pursuant to the
Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation
of or inclusion in a maintenance district.
We have signed and are returning the enclosed Proposition 218 ballot
(Official Assessment Ballot) indicating our consent to the assessments.
Very truly yours,
Credit Suisse Leasing 92A, L.P.,
By: Credit Suisse First Boston (Formerly Credit Suisse) its General Partner
By: Home Dex~ol [ J .A., a Delaware Corporation
/eyinfact p. owo ttomey.
D y :~~
/. Corporate Counsel
~?~49403632 HD LEGRL DEPT ?53 P02/02 JUL ~3 '99 15=22
3800 W. Chapman Ave · Orange, CA 92868
(714) 940-3500
CITY OF BAKERSFIELD
CONSOLIDATED MAINTENANCE DISTRICT
IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessment ballot is for the use of the property owner of the parcel(s) identified below,
which parcel(s) is proposed to be included in the City of Bakers field Consolidated
Maintenance District (hereinafter CMD).
This assessment ballot may be used to express either support for or opposition to inclusion
within the CMD. In order to be counted, this assessment ballot must be signed below by an
owner or, if the owner is not an individual, by an authorized representative of the owner.
TO CAST THIS BALLOT, PLEASE REFURN THIS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
Owner: Credit Suisse Leasing, 92A, L.P.
Property descdption: Parcel 3 of Parcel Map 8010, as filed in book 33 page 158
of Parcel Maps in the Office of the Recorder for Kern .County, CA
Individualassessmentsshallnotexceed $100 perequivalentdw~ling unit.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakers field include the above described
Prop~'y within the Consolidated Maintenance
District and levy an assessment not to exceed
the amount set forth above?
D'a.e .... 'i~/1999
Credit Suisse Leasing 92A, L.P.,
By: Credit Suisse Fimt Boston (Formerly Credit Suisse) its General Parmet
By: Home Depot U.S.A., a Delaware Corporation
::,,o
USA
July 12, 1999
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Attn: Marian P. Shaw
Subject: Inclusion of ParcelMap 10584 in a Maintenance District
Gentlemen:
We, the undersigned, as owners of the property included within parcel 3 ofParcelMap No. 10584
hereby request that the property be included within the Consolidated Maintenance District. This
request is pursuant to the requirements of Municipal Code Section 13.04.021.
We waive our right to any and all hearings (whether pursuant to the Brown Act, the Bakersfield
Municipal Code, or any other law) conceming the formation of or inclusion in a maintenance district.
We have signed and are returning the enclosed Proposition 218 ballot (Official Assessment Ballot)
indicating our consent to the assessments.
Ve truly yours,
JO
S:\ProjectsWlaindist\Letters\Reqst&Wv
6/01/99
CITY OF BAKERSFIELD
CONSOLIDATED MAINTENANCE DISTRICT
IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessment ballot is for the use of the property owner of the parcel(s) identified below, which
parcel(s) is proposed to be included in the City of Bakersfield Consolidated Maintenance District
(hereinaRer CMI)).
This assessment ballot may be used to express either support for or opposition to inclusion within the
CMD. In order to be counted, this assessment ballot must be signed below by an owner or, if the
owner is not an individual, by an authorized representative of the owner.
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE
Owner
Property description
Individual assessments shall not exceed
OFFICIAL ASSESSMENT BALLOT
per equivalent dwelling unit.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include the above described
Property within the Consolidated Maintenance
District and levy an assessment not to exceed
the amount set forth above?
No
Date
L 2-- ,1999
Owner Signature ' ' "~--"'
S:XPROJECTS\MAINDIST'uMiscXBalIot.wpd
6/01/99
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 22nd day of July , '1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1199 passed by
the Bakersfield City Council at a meeting held on the 21st day of July 1999, and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 2-19 (GOSFORD, DISTRICT SE), TO
THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT,
THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF
THE BENEFIT FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
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July 22, 1999