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Home My WebLink AboutRES NO 4-96 4. The assessment for Maintenance District No. 3-09, shall be the total sum of $0.00 for the 1995-1996 fiscal year. The benefit formula (Exhibit "C") budget for Maintenance District No. 3-09 (Exhibit "D"), and assessment roll for Maintenance District No. 3-09 (Exhibit "E") are attached hereto and incorporated herein by reference. 5. The Kern County Tax Collector is hereby authorized to collect assessments for Maintenance District 3-09 as an interim district and when it is merged with the Consolidated Maintenance District. 6. Beginning in the 1996-97 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the Annual Report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. .......... 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 -IAN , by the following vote: ALVAGGIO AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, Mc~ERMO'FI', ROWLES, SULLIVAN, S NOES: COUNCILMEMBER ABSTAIN: COUNCILME~BER ___ ABSENT: COUNCILMEMBER ........ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JAN I 0 MAYOR of the City of Bakersfield APPROVED as to form: jUDY~K.~-~KO~ S~~EN CITY ATTORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 3-09 (INTERIM) Fiscal Year 1995-1996 WHEREAS, on WEDNESDAY, December 13, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1141 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to make and file a Report; and Clerk of follows: WHEREAS, the Public Works Director filed with the City the Council his report, in writing, which Report is as Public Works Director's Report City of Bakersfield, Maintenance District No. 3-09 (Interim), is generally described as a district bounded by McKee Road on the north, Wible Road on the east, a line 990 feet south of McKee Road on the south and a line 1/4 mile west of Wible 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 a district 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 district for the cost of maintaining a public park, public street median 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, rest rooms, drinking fountains, barbecues and storage buildings, plumbing and fixtures therefore, recreation equipment, including swings, slides, play structures, etc., and picnic facilities, including trash cans, fountains, benches, sidewalks, walkways, parking areas and ornamental planting, including shrubs, ground covers and trees now existing or hereafter to be constructed or planted in and for said maintenance district 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. EXHIBIT "1" -1- 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. Maintenance District No. 3-09 (Interim), is being established as an interim maintenance district for the maintenance of a public park and public street median and other street landscaping. At the end of the 1995-96 fiscal year this interim district will be merged into the Consolidated Maintenance District established by the City Council on June 29, 1994. The district 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. All parcels within this district will have a zero assessment for the 1995-96 fiscal year. When merged into the Consolidated Maintenance District, it is expected to be placed in street tier 1. The estimated maximum cost for residential development is $100.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1995 dollars and 1995 Parks Department maintenance and overhead costs. The district will consist of residential and non residential uses, thus all parcels within the district 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 district. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- NOW THEREFORE, I, RAUL M. ROJAS, 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 1995-96 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 Maintenance District No. 3-09 (Interim), subject to be assessed to pay the cost of maintenance and operation in said district. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield -3- MAINTENANCE DISTRICT 3-09 (INTERIM) LEGAL DESCRIPTION' A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 35, T 30 S, R 27 E, M.D.B. & M., and more particularly described as follows: Beginning at the east quarter corner of said Section 35, said point also being the intersection of centerlines of Wible Road and McKee Road; THENCE (1) South 00° 35' 14" West, along the centerline of Wible Road, a distance of 989.05 feet; THENCE (2) North 89° 04' 14" West, distance of 1321.36 feet; THENCE (3) North 00° 35' 30" East, a distance of 988.85 feet, to intersect the centerline of McKee Road; THENCE (4) South 89° 04' 47" East, along the centerline of McKee Road, a distance of 1321.45 feet to the TRUE POINT OF BEGINNING. EXHIBIT "A" 12 13 14 i t5 16 17 22 21 20 19 ~ i8 1 2,3 " KIMMIE 24 25 ,' 26 27 28; 29 , .,lAP AND ASSESSMENT D,. ,~RAM FOR MAINTENANCE DISTRICT NO. 3-09 (INTERIM) . BAKERSFIELD, CALIFORNIA ~., 11 10 9 8 7 6 5 4 3 2 1 u~ 76 75 74- 73 '72 71 70 Z ~ ' ' ' ~:~ 69I <KATHY ~ SUZANNE WAY < 68 ,, ~ 56 57 58 59 60 61 62 63 64- ! 65 66 67 >- 55 ,54 53:52 51 ; 50 4-9 48 47 14-6 45 44 < RACHELLE WAY',:' DAY FIL[O FOR RECORD THIS DAY OF 1995, AT M, IN BOOK O~ AS~SSM£NT JAMES W. MAPLE5 EXHIBIT "B" MAINTENANCE DISTRICT 3-09 (INTERIM} 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): The number of Equivalent Dwelling Units (EDU's) for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the tier number, and; Divided by (b): The total district. number of EDU's in the (1) = S x a x t b Note: Undeveloped residential and commercial parcels shall be charged for one-half the number of EDU's for that parcel. Undeveloped industrial parcels shall be charged for one-fourth the number of EDU's for that parcel. (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; Divided by (b): The total district. number of EDU's in the (2) = P x a b EXHIBIT "C" Page I of 2 EOU?VALENT DWELL?NG UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU I~MAHKS 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) Dwelling Unit R-2, R-3 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 "C" Page 2 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 3-09 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA A'I-rACHED HERETO. 1995 - 1996 BUDGET Gross Budget Amount Required (City Staff Sln~ic®l or Contract, Supplies. Matenail, UI31ifies, and Overhead Cost~) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 P:~MAINDIST~EXHIBITS\MD3 - O9D WK 1 JA$ EXHIBIT ~)" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 3-09 (INTERIM) FISCAL YEAR 1995 - 1996 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 373-051-56-00-4 373-421-01-00-1 373-421-02-00-4 373-421-03-00-7 373-421-04-00-0 373-421-05-00-3 373-421-06-00-6 373-421-07-00-9 373-421-08-00-2 373-421-09-00-5 373-421-10-00-7 373-421-11-00-0 373-422-01-00-8 373-422-02-00-1 373-422-03-00-4 373-422-04-00-7 373-422-05-00-0 373-422-06-00-3 373-422-07-00-6 373-422-08-00-9 373-422-09-00-2 373-422-10-00-4 373-422-11-00-7 373-422-12-00-0 373-422-13-00-3 373-422-14-00-6 373-422-15-00-9 373-422-16-00-2 373-422-17-00-5 373-422-18-00-8 373-422-19-00-1 373-422-20-00-3 373-422-21-00-6 373-423-01-00-5 373-423-02-00-8 373-423-03-00-1 373-423-04-00-4 373-423-05-00-7 373-423-06-00-0 373-423-07-00-3 373-423-08-00-6 373-423-09-00-9 373-423-10-00-1 373-423-11-00-4 $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo $o.oo $o.oo $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo $o.oo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 EXHIBIT "E" 373-42,,- 12-00-7 373-423-13-00-0 373- 423 - 14-00- 3 373 -423 - 15 -00 -6 373-423-16-00-9 373 - 423 - 17 -00 - 2 373 - 423 - 18-00 - 5 373-423-19-00-8 373-423-20-00-0 373 - 423 - 21-00 - 3 373-423-22-00-6 373 - 423 - 23 - O0 - 9 373 - 423 - 24-00 - 2 373 - 423- 25 -00 - 5 373 - 423 - 26 -00 - 8 373-423-27-00-1 373 - 423 - 28 -00 - 4 373 -423 - 29 -00 - 7 373-423-30-00-9 373-423-31-00-2 373 -423 -32-00-5 373-423-33-00-8 373-423-34-00-1 373-423-35-00-4 373-423-36-00 -7 373 -423 -37-00-0 373 -423-38-00-3 373- 423 -39-00 - 6 373- 423 - 40 -00 - 8 373-423-41-00-1 373-423-42-00-4 373-423-43-00 -7 373-423-44-00-0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo $o.oo $o .oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o,oo $o.oo $o.oo $o.oo Total Date: $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" BUILDER OF COMMUNIT/ES RAY FRANCO, President January 12, 1995 Mr. Marian P. Shaw City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 RE: Tract 5648, Phase A Dear Marian: Raymond N. Franco, as owner of the property included within Tract 5648, Phase A, hereby requests the formation of a new temporary maintenance district for the property. This request is pursuant to Condition No. 3, (Parks Division) of the Staff Conditions of Approval, Exhibit "A" dated January 7, 1993, which states that the subdivider shall request formation of a new maintenance district, or inclusion of the subdivision into an existing maintenance district. Enclosed is a check in the amount of $1,578.00 to cover the costs mentioned above. Further, our engineer will supply you with a disc copy of Tract 5648, Phase A for your use. As the sole owner of the property involved in this request, I hereby waive the public hearing portion of this district formation, which should help to expedite this process. We hereby also declare that we will not close any sales escrows prior to May 1, 1995. Your assistance with this matter is greatly appreciated. Sincerely, Raymond N. Franco Owner 300 B Street · Turlock, California 95380 · (209) 667-1810 · FAX (209) 634-0373 · Lic. # ~;JJ~ RecoL-~ing reques*:ed by and wAen mail ~:o: C~¥ of Bakez*s~e~d DopaL-~men~ of Public Works ~SO~ Tru:c~:un Avenua Ba~lzsfilld, Cal£forn£a 93301 COVENANT RE~JIRING FORMATION OF MAINTENANCE DISTRICT THIS COVENANT is execuue= on this l~ day of '~Q~w , 199~___--, by ~9~A ~. ~A~ (hereinafter, "Owner'), in connec:ion wi~ u~e recoroa:ion o~ Trac~ 5648, Phase A. The real property herein-described has been permitned to be sumdivided by =he City of BaXersfield, even =hough the condition of approval requiring the owner ~o have the proper=y included in a new or exis=ing main=enance dis=ric~ has no= been fulfilled. As a condi=ion of recorda=ion of the Trac~ Map, the proper~y shall be included in a new or exis=ing main=enance disuric~ as soon as the Ci=y is able =o schedule ~he proceedings for such forma=ion. No currenu or fu=ure property owner may proues= such formauion. This covenan= may no= be amended or modified withou= the prior approval of the City of Bakersfield. This covenan= shall run wi~h uhe land. Proper=y description: %Yacc~ No 5648 F=.ed in -~cc.~ ~n t~e off~ce of the Kern C:un=y Recoraer. Ci~y of Bakersf:e~d S=a=e of California Da=e~ =his I,~,~ day of ~¥ , 199~-. owner(s): City of Bakersfield: Pu~ic~6rKs Direcuor NOTE-: All signatures mus= be nonarized. LCM/meg