HomeMy WebLinkAboutRES NO 87-97RESOLUTION NO. 8 7 ' 9 7
A RESOLUTION MERGING TWO (2) INTERIM
MAINTENANCE DISTRICTS INTO THE CONSOLIDATED
MAINTENANCE DISTRICT, APPROVING AND ADOPTING
THE PUBLIC WORKS DIRECTOR'S REPORT AND TItE
1997-98 BUDGET, CONFIRMING THE ASSESSMENTS AND
AUTltORIZING COI,I.ECTION OF ASSESSMENTS BY THE
KERN COUNTY TAX COLLECTOR.
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 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 therefor; and
WI:IEREAS, the City Council approved the formation of two (2) Interim Maintenance
Districts during the fiscal year 1997-98;
WHEREAS, the two (2) Interim Maintenance Districts are as follows: 1-12 (Park
West) and 4-11 (Chester Avenue) and hereafter to be referred to as Interim Districts; and
WHEREAS, the merging of the Interim Districts into the established Consolidated
Maintenance Districts is in accordance with the procedures established therefor by Chapter 13.04 of
Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends
such merging of two (2) Interim Districts into the Consolidated Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to merge
the two (2) Interim Districts into the Consolidated Maintenance District, to maintain and operate the
local improvements including public street median and public street landscaping improvements; and
WHEREAS, the Public Works Director has filed his report as set forth in Exhibit 1,
attached hereto and incorporated by reference herein, including the 1997-98 budget for the
Consolidated Maintenance District with the City Clerk's Office, as required by Section 13.04.130 of
the Bakersfield Municipal Code; and
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WHEREAS, the City Clerk has filed in her office affidavits setting forth the
compliance with the requirements of Section 13.04.0140 through 13.04.170 of the Bakersfield
Municipal Code for publishing, posting and mailing notices of the hearings on the Consolidated
Maintenance District; and said City Council hereby finds that said notice has been given in the manner
required by law; and
WHEREAS, Resolution of Intention No. 1158, fixed Wednesday, May 7, 1997 at
7:00 p.m., as the time to hear public testimony regarding the addition of territory to the district and
proposed assessment and also set Wednesday, May 21, 1997 at 7:00 p.m., or as soon thereafter as
may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place for hearing protests.
WItEREAS, the above heatings were duly held by the City Council at the time and
place for the heating of all protests to the addition of territory to the district; the boundaries of the
district; the fairness of the benefit formula; the zones of benefit; the reservation of right of the City
to u 'tfiize either City forces or to contract with private industry for the operation and maintenance of
the improvements; or the amount of the assessment on any parcel of property to be assessed; and
WHEREAS, any written protests filed with the Clerk at or before the time set for said
protest hearing were considered by said Council.
NOW, TI:YEREFORE BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
The foregoing recitals are found to be true and correct and are incorporated
herein.
The Council finds and determines that, for purposes of the majority protest
provisions of Section 13.04.200 of the Bakersfield Municipal Code, there
were not sufficient protests received and, therefore, there is not a majority
protest.
The Council hereby merges two (2) Interim Maintenance Districts into the
Consolidated Maintenance District, approves and adopts the Public Works
Director's Report, the 1997-98 Budget, and confirms and levies the individual
assessments as set forth in said Public Works Director's Report.
The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements within the
Consolidated Maintenance District by City forces or by private contractor.
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The Public Works Director is hereby directed to file assessments with the
Kern County Tax Collector and the Kern County Tax Collector is hereby
authorized to collect such assessments. The City Council hereby declares that
these assessments are exempt from the provisions of Article XIIID of the
California Constitution on the grounds that they are imposed prior to July 1,
1997 and on the further grounds that the assessment rates and methodology
of assessment have not changed from the prior fiscal year.
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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
MAY 2 1 ~/37 , by the following vote:
AYES: COUNOtLMEMSER DeMOND, CA,qSON, ,~..~; McDERMO~. ROWLES. ~ULUVAN, gALVA(3(~10
ABSTAIN: COUNCILMEMBER ~
CITY CLERK and Ex OffiCio Clerk of the
Council of the City of Bakersfield
APPROVED: MAY :~ 1 ~
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
Attachments:
Exhibit "1"
G:~PRO JEC TS~/ARIAN~MAINDIST~ESTAB\CONSMI)97.WPD
JAS.cah
-4- March 17, 1997
PUBLIC WORKS DIRECTOR'S REPORT
FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 1997-98
City of Bakersfield Consolidated Maintenance District and its
various areas are generally described in Exhibit "A" and are specifically as
shown on the Map and Assessment Diagram under Exhibit "B", attached hereto
and incorporated herein by reference as though fully set forth, for the
various areas of benefit within the Consolidated Maintenance District, a
district within the City of Bakersfield, County of Kern, State of California.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the
Municipal Code of the City of Bakersfield, the Public Works Director makes
and files this Report and proposed assessment of and upon all parcels of
property within the areas
operating public parks,
landscaping improvements.
of the district for the cost of maintaining and
public street medians and other public street
The improvements for the Consolidated Maintenance
District Street Landscaping Zone of Benefit generally include, but are not
limited to: Public Street Landscaping Improvements consisting of: turf, plant
forms, shrubs, ground cover, trees, lighting, irrigation systems, conduits,
water mains; and Public Street Median Improvements consisting of: turf, plant
forms, shrubs, ground cover, trees, irrigation systems, conduits & water
mains. The improvements for the Consolidated Maintenance District Park Zone
of Benefit generally include, but are not limited to: turf, plant forms,
shrubs, ground cover, trees, irrigation systems, conduits, water mains,
EXHIBIT "1"
playground equipment, picnic tables, drinking fountains, barbecue pits,
security lighting and restrooms.
The improvements in this Consolidated Maintenance District are of
a public nature. The assessment includes the cost of necessary repairs,
replacements, water, equipment, electricity, care, supervision and any and
all other items necessary for the proper maintenance and operation thereof.
For many years, parks, street medians and other street landscaping
improvements in the City were maintained through traditional tax revenues.
After the passage of Proposition 13 in 1978, funds available for maintenance
and operation of local public improvements were substantially reduced. At
present the City's budget does not allow for maintenance and operation of
local public improvements of the types described above. Thus, absent funds
for maintenance and operating costs from a source other than general tax
revenues, the City does not permit new parks, public street median or other
public street landscaping improvements to be constructed within the City.
The funds generated as the result of this district are utilized strictly for
the purpose of and applied to the maintenance and upkeep of public parks,
public street median and other public street landscaping within the district.
The Consolidated Maintenance District has been specifically designated to
address park maintenance and operation, and maintenance of public street
median and other public street landscaping improvements and all parcels
within the district are affected.
The areas within the boundary of the Consolidated Maintenance
District receive benefits from the improvements and maintenance thereof.
These benefits include street beautification, open space enjoyment,
recreation and noise reduction due to the installation of street landscaping,
walls, and parks.
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The benefit
set forth in Exhibit
fully set forth.
The City Council
Maintenance Districts during
The benefits from the installation of street landscaping accrue to
all the lot or parcel owners wSthin the Consolidated Maintenance District
Street LandscaDing Zone of Benefit. The benefits of the street landscaping
inure to all lots or parcels uniformly, and are based on a per dwelling unit
or Equivalent Dwelling Unit basis.
Park use is a benefit most likely to be enjoyed by each resident in
the Park Zone of Benefit. These benefits are, therefor, uniformly assessed
on a dwelling unit or Equivalent Dwelling Unit basis. No assessment for park
benefits is made on the non-residential lots.
formula for the Consolidated Maintenance District is
"C" attached hereto and incorporated herein as though
approved the formation of two (2) Interim
the fiscal year 1997-98. Once each year the
City Council will merge established Interim Maintenance Districts into the
Consolidated Maintenance District.
Council practice in Past vears has been a 33% subsidy for parks.
The Citv has identified those amenities outside the Consolidated Maintenance
District whose maintenance is currently bald for out of the General Fund and
to provide a credit uP to that same level to those within the Consolidated
Maintenance District. The assessments contained within this report for the
Consolidated Maintenance District have been amended to reflect a 66% subsidy
in maintenance costs for parks and a 7.3% subsidy in costs for street and
median landscaDin~. This Year, due to the Passage of Proposition 218,
assessment rates and methodolo~will not change and therefore the rates for
1997-98 will remain at the 1996-97 level.
NOW, THEREFORE, I, RAUL M. ROJAS, Public Works Director 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 1997-98 Budget as set
forth in Exhibit "D" and Assessment Roll as set forth in Exhibit "E",
attached hereto and incorporated herein as though fully set forth, upon all
parcels of property within the various areas of benefit of the Consolidated
Maintenance District, subject to be assessed to pay the cost of maintenance
and operation in said district.
Dated: May 24, 4997
PUBLIC WORKS DIRECTOR
CITY OF BAKERSFIELD
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