HomeMy WebLinkAboutRES NO 64-96RESOLUTION NO.
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. 1-12 (INTERIM), CONFIRMING THE
ASSESSMENT AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR
(PARK WEST)
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1149, adopted May 22, 1996, declared its
intention to order the establishment of a maintenance district, preliminarily adopted,
confirmed and approved the Public Works Director's Report, the boundaries of the
proposed district, the fairness of the benefit formula, the amount of assessment to be levied
against each parcel and the reservation of right to perform work by City forces or private
contractor. Said District shall be designated Maintenance District No. 1-12 (Interim), as
shown and designated on that certain map entitled Map and Assessment Diagram for
Maintenance District No. 1-12 (Interim), City of Bakersfield, California, for Fiscal Year
1996-1997 on file in the offices of the City Clerk and Public Works Director, City of
Bakersfield: and
WHEREAS, the Public Works Director duly filed with the City Clerk his
Report, including a budget, assessment formula, improvements to be maintained by the
district, description of property and proposed assessments; and
WHEREAS, the City of Bakersfield has received letters from the property
owners within Maintenance District No. 1-12 (Interim), which waives all rights to a public
hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code
and Chapter 13.04 of the Bakersfield Municipal Code; and
WHEREAS, the City Council formed the Consolidated Maintenance District
on June 29, 1994, and the procedure is that all new districts formed during the fiscal year,
including Maintenance District No. 1-12, will be interim districts and all such districts will
be merged into the Consolidated Maintenance District at the end of each fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
1. The foregoing recitals are true and correct and incorporated herein by
reference.
2. The Council hereby establishes Maintenance District No. 1-12 (Interim),
and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit
"1" and incorporated herein by reference) including the amounts of assessment for each
assessed parcel, as set forth in the Public Works Director's Report.
3. Exhibits "A" and "B" attached hereto and incorporated herein by reference
describe Maintenance District No. 1-12 (Interim).
4. The assessment for Maintenance District No. 1-12 (Interim), shall be the
total sum of $7,410.00 for the 1996-1997 fiscal year. The benefit formula (Exhibit "C")
budget for Maintenance District No. 1-12 (Interim), (Exhibit "D"), and assessment roll for
Maintenance District No. 1-12 (Interim), (Exhibit "E") are attached hereto and incorporated
herein by reference.
5. The Board of Supervisors by Resolution authorizes the City of Bakersfield
to form Maintenance District No. 1-12 (Interim), (attached hereto as Exhibit "2" and
incorporated herein by reference).
6. The Kern County Tax Collector is hereby authorized to collect assessments
for Maintenance District 1-12 as an interim district and when it is merged with the
Consolidated Maintenance District.
7. Beginning in the 1997-98 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.
8. 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 t~a~o~n~of the City of Bakersfield at a regular meeting thereof held on
o,,,, - - , by the following vote:
Ctlt~g CITY CLERK and Ex Officidd~lerk
Council of the City of Bakersfield
APPROVED: JUN 2 $ ~
BOa/ c
MAYOR of the City of Bakersfield
of the
APPROVED as to form:
JUDY K. SKOUSEN
CITY ATTORNEY of the City of Bakersfield
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "2"
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 1-12 (INTERIM)
Fiscal Year 1996-1997
WHEREAS, on WEDNESDAY, May 22, 1996, the Council of the
City of Bakersfield adopted its Resolution of Intention No. 1149 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
WHEREAS, the Public Works Director filed with the City
Clerk of the Council his report, in writing, which Report is as
follows:
Public Works Director's Report
City of Bakersfield, Maintenance District No. 1-12
(Interim), is generally described as a district bounded by Olive
Drive on the north, Fruitvale Avenue on the east, a line 662.90
feet south of the centerline of Olive Drive on the south, and
Jordan Street 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 unincorporated area ultimately to be annexed
into 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
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 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. 1-12 (Interim), is being
established as an interim maintenance district for the maintenance
of public street median and other street landscaping. At the end
of the 1996-97 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 an assessment
for the 1996-97 fiscal year as shown in Exhibit "E". When merged
into the Consolidated Maintenance District, it is expected to be
placed in street tier 3. The estimated maximum cost for
residential development is $150.00 per Equivalent Dwelling Unit
based on full build out of the benefit area at existing zoning,
using 1996 dollars and 1996 Parks Department maintenance and
overhead costs.
The district will consist of residential use, 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, RAULM. 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 1996-97 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. 1-12 (Interim), subject to approval
the cost of
to pay
from the Board of Supervisors be assessed
maintenance and operation in said district.
Dated: ~--/~--'q~
· RO'JAS
Director of Public Works
City of Bakersfield
-3-
MAINTENANCE DISTRICT NO.
(XNTEaIM)
LEGAL DESCRIPTION
1-12
A parcel of land being a portion of the northeast quarter of
Section 16, T 29 S, R 27 E, M.D.B. & M., County of Kern, State of
California, more particularly described as follows:
Commencing at the northeast corner of said Section 16;
THENCE (1) South 00° 36' 25" East, along the east line of said
Section 16, a distance of 55.01 feet to a point on the south
line of the north 55.00 feet of said Section 16, said point
also being the true point of beginning;
THENCE (2) South 00° 36' 25" East, along the last named east
line of said Section 16, a distance of 607.89 feet to a point
being the southeast corner of Tract 5775 per map recorded
March 17, 1995 in Book 41 of Maps, Page 173 in the Kern County
Recorder;
THENCE (3) North 89° 48' 07" West, along the south boundary
line of Tract No. 5775 a distance of 1,299.76 feet to
intersect the east right-of-way line of Jordan Street;
THENCE (4) North 00° 27' 03" West, along the last named east
right-of-way line, a distance of 587.32 feet;
THENCE (5) North 44° 52' 00" East, a distance of 28.44 feet to
a point on the south right-of-way line of Olive Drive;
THENCE (6) South 89° 48' 57" East, along said right-of-way
line, a distance of 557.11 feet;
THENCE (7) South 88° 56' 52" East, along said right-of-way
line, a distance of 330.04 feet;
THENCE (8) South 85° 03' 08" East, along said right-of-way
line, a distance of 120.42 feet;
THENCE (9) South 89° 48' 57" East, along said right-of-way
line and prolongation thereof a distance of 240.97 feet to a
point on the west line of the east 30 feet of said Section 16;
THENCE (10) North 00° 36' 25" West, along said west line a
distance of 15.00 feet to intersect the south line of the
north 55' of Section 16;
THENCE (11) South 89° 48' 57" West, along said south line a
distance of 30.00' to the true point of beginning;
THENCE (12) North 00° 36' 25" West, along the last named east
line a distance of 55.00 feet to the True Point of Beginning.
P:~maindist~legals~legll-12
jas
EXHIBIT A
MAP' AND ASSESSMENT DIAGRAM
FOR
MAINTENANCE DISTRICT NO. 1-12
0NTER~M)
BAKERSFIELD, CALIFORNIA
PEMBROKE
AVENUE ~ ~
=~ 23 PARK
WEST
EXHIBIT 'B'
MAINTENANCE DISTRICT 1-12 (INTERIM)
CITY OF BAKERSFIELD
BENEFIT FOR/~JL~
Each parcel in the Street Landscaping Zone of Benefit shall be
assessed the amount as defined in (1) 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 number
district.
of EDU's in the
(1) = S x a x t
b
EXHIBIT "C"
Page I of 2
· OU~VALEN~ DW~-~'.~NG UN~ ~EDU~ CHAI~.~
Equivalent Dwelling Units (EDU's) shall
potential use per zoning as follows:
USE
EDU
1.0
1.0
Agricultural Zone
Single Family
Dwelling Unit,
5 acres
(Detached)
less than
Undeveloped R-1 zoned
5 acres or more.
4/acre
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Multi-Family (Attached)
Dwelling Unit R-2, R-3
0.71/unit
Undeveloped R-2, R-3
0.71/unit
Non Residential
Mobile Homes
(Rent Space)
Mobile Homes
subdivisions
Mixed Use
in parks
in
(Owner)
6/acre
0.71/unit
1.00/unit
be calculated by use or
REMARKS
Per parcel
Per parcel
Rounded down to the
nearest whole number.
Rounded down to the
nearest whole number.
Number of units shall
equal the acreage
multiplied by 12
rounded down to the
nearest whole number.
Rounded to nearest .01
Each calculated per
the above.
EXHIBIT "C"
Page 2 of 2
EXHIBIT "D"
MAINTENANCE DISTRICT NO. 1-12
(IHTERIM)
SAID ASSESSMENT IS MACE IN ACCORDANCE WITH THE BENE FIT
FOF~VlULA ATTACHED HEFETO.
19~6 - lge7
BUDGET
Gross Budget ,~mount Required
(City Staff Services or Ccntrect,
Supplies, Meterinds, Utilities,
end Overhead Costs)
Es'limated Beginning Fund Balance / (De'licit)
Less: City Conb'ibuUon
NET AMOUNT TO BE ASSESSED
$0.00
I $7,410-001
P :\MAJ N DI ST~EXH IBITS~,MD1-12D.WK1
JAS
EXHIBIT
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. 1 -12
(INTERIM)
FISCAL YEAR 1 996 - 1997
Assessment Parcel No.
as shown on Map Total
Exhibit "B" Assessment
506-380-05-00-3
506-380-06-00-6
506-380-07-00-9
506-380-08-00-2
506-380-09-00-5
506-380-10-00-7
506-380-11-00-0
506-380-13-00-6
506-380 - 14 -00-9
506-380-15-00-2
506-380-16-00-5
506-380-17-00-8
506-380-18-00-1
506 - 380 - 19 - O0 - 4
506-380-20-00-6
506-380-21-00-9
508-380-22-00-2
506-380-23-00-5
506-380-24-00-8
506- 380 -25 -00-1
506-380-26-00-4
506-380-27-00-7
506-380-28-00-0
506-380-29-00-3
506-380-30-00-5
506-380-31-00-8
506-380-32-00-1
506-380-3.3 -00-4
506-380-34-00-7
506-380-35-00-0
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
$247.00
Total $7,410.00
Date:_..~t,~t~_.. D.~, ~J~__
City Clerk and Ex Officio Clerk/~f the
Council of the City of Bakersfi~fld
JUN 2 ! t996
Before The Board of Supervisors
County of Kern, State of CaliforniaE"a'"EE~"G OEPA~TMS.T
In the matter of:
CONSENT TO ESTABLISH CITY OF BAKERSFIELD
MAINTENANCE DISTRICT NO. 1-12:
Resolution No. 96-277
Reference No. 9611946
I, SUE DAVIS, Clerk of the Board of Supervisors of the County of Kern, State
of California, hereby certify that the following resolution, on motion of Supervisor
Ashburn , seconded by Supervisor Shall was
duly and regularly adopted by the Board of Supervisors of the County of Kern at an
official meeting thereof on the 18th , day of 5une ,199 6 ., by the following
vote and that a copy of the resolution has been delivered to the Chairman of the
Board of Supervisors.
AYES:
NOES: NONE
ABSENT: NONE
ASHBURN, PEREZ, PATRICK, PETERSON, SHELL SUE DAVIS
Clerk of the Board of Supervisors
County of Kern, State of California
Deputy Clerk
TION
Section 1. WHEREAS:
1. The City of Bakersfield intends to form a maintenance district (pursuant to Division
7 Chapter 26 of the Streets and Highways Code of the State of California) for the provision
of maintaining and operating public improvements within the boundaries of the proposed
Maintenance District No. 1-12, in the County of Kern; and
2. Certain property that will benefit from the maintenance district is located outside the
Bakersfield City limits; and
3. Under California Streets & Highways Code Sections 5820 & 5823, it is necessary
that prior to including unincorporated territory within such a maintenance district, the City
of Bakersfield must receive the consent of this Board of Supervisors; and
4. The City of Bakersfield has submitted to this Board, for approval, its Resolution of
Intention (Exhibit A) to form the subject maintenance district, and has requested this
EXHIBIT "2" #96-277
Board's consent to certain property located outside the boundaries of the City of
Bakersfield being included within the boundaries of the proposed maintenance district;
and
5. The City of Bakersfield has assured this Board that under no circumstances will the
County of Kern be liable for the payment of any costs, damages or assessments relating
to the subject maintenance district.
SECTION 2. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of
Supervisors of the County of Kern, State of California, as follows.
1. That the Resolution of Intention to establish Maintenance District No. 1-12,
presented to this Board by the City Council of the City of Bakersfield, is hereby approved.
2. This Board hereby grants its consent:
To the formation of the maintenance district referred to in said Resolution of
Intention; and
To the assumption of jurisdiction by the City of Bakersfield for all purposes
in connection therewith.
3. That the plats indicating by boundary lines the extent of the territory included in the
proposed maintenance district, submitted by the City of Bakersfield and on file with the
Clerk of the Board, are hereby approved.
4. That the City of Bakersfield shall file with the Clerk of this Board a copy of the map
or maps showing the final boundaries of the subject district immediately following the
recording of said map or maps.
5. That the Clerk of this Board shall forward copies of this resolution to the following:
City of Bakersfield
County Administrative Office
Engineering & Survey Services Department
J:WINTDSTI-.WPD
2