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HomeMy WebLinkAboutRES NO 121-96RESOLUTION NO. 1 2 1 ' 9 6 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 4-11 (INTERIM) CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (CHESTER AVENUE). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1150, adopted August 21, 1996, declared its intention to order the establishment of a maintenance district, confirmed and approved the Public Works Director's Report, the boundaries of the proposed district, the fairness of the benefit formula, the amonnt 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. 4-11, as shown and desigaated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 4-11, 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 duty filed with the City Clerk his Report, inch,ding a bndget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; 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. 4-11, will be interim districts and all such districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. WHEREAS, said City Council by Resolution of Intention No. 1150, preliminarily adopted, confirmed and approved the Public Works Director's Report and fixed WEDNESDAY, OCTOBER 9, 1996 at 7:00 P.M., as the time to hear public testimony regarding the formation of the proposed district and also set WEDNESDAY, OCTOBER 23, 1996 at 7:00 p.m., or as soon thereafter as may be heard, at the Conncil Chambers of the City Council, City Hall. Bakersfield, California. as the time and place for hearing protests or objections to the proposed district and assessment, and provided for Notice of said hearing in accordance with law: and WHEREAS, the City Clerk has filed ia her office affidavits setting forth the compliance with the requirements of Section 13.04.140 through 13.04.160 of the Bakersfield Municipal Code for publishing, posting and mailing notices of the hearing on proposed Maintenance District No. 4-11; and said City Council hereby finds that said notice has been given in the manner requi,'ed by law: and WHEREAS, said hearing was duly held by said City Council at said time and place for the hearing of all protests to said proposed district and assessment; and WHEREAS, any written protests filed with the Clerk at or before the time set for said hearing were considered by said Council. 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. 4-11, and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit 1 and incorporated herin 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 Mainteaance District No. 4-11. 4. The assessment for Maintenance District No. 4-11, shall be the total sum of $0.00 for the 1996-1997 fiscal year. The benefit formala (Exhibit "C") budget for Maintenance District No. 4-11 (Exhibit "D"), and assessment roll for Maintenance District No. 4-11 (Exhibit "E") are attached hereto and incorporated herein by reference. 5. The Kera Couaty Tax Collector is hereby authorized to collect such assessments when improvements are built and this district is merged with the Consolidated Maintenance District. 6. Beginning ia 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. 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 0CI 2 $ ~8 , by the following vote: COUNCILMEMBER DeMOND, cAR,~I, ~ITH,.~,tc~RMOTT, ROWI~8, 8UI.LNAN, 8ALVA(t~10 AESTAIN: COU;4CILMEME'~R /'~?& ~ I~ll: COUNQLMEI~ER Acting CITY CLERK and Ex OfficiO Clerk of the Council of the City of Bakersfield APPROVED: OCT 2 $ ~ MAYOR of the City of Bakersfield APPROVED as to form: JU~E~Y K.~SKG~S dN ~ ~ 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. 4-11 (INTERIM) Fiscal Year 1996-1997 WHEREAS, on WEDNESDAY, August 21, 1996, the Council of the City of Bakersfield adopted its Resolution of Intention NO. 1150 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. 4-11 (Interim), is generally described as a district bounded by 24th Street on the north, on the east by the easterly property line of those lots or parcels fronting the east right of way line of Chester Avenue, Truxtun Avenue on the south, and on the west by those lots or parcels fronting the west right of way line of Chester Avenue 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 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, sidewalks, walkways, 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" 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. 4-11 (Interim), is being established as an interim maintenance district to maintain public street landscaping and street median 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 a zero assessment for the 1996-97 fiscal year. When merged into the Consolidated Maintenance District, it is expected to be placed in street tier 4. The estimated maximum cost for non 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 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 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 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. 4-11 (Interim), subject to be assessed to pay the cost of maintenance and operation in said district. Dated: OCT ~ 5 ~ Director of Public Works City of Bakersfield 3 MAINTENANCE DISTRICT No. (INTERIM) LEGAL DESCRIPTION 4 -11 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 29 S, R 28 E, M.D.B. & M., and more particularly described as follows: Beginning at the intersection of the north right-of-way line of Truxtun Avenue and the west right-of-way line of Chester Avenue; THENCE (1) West along said north right-of-way line, a distance of 264.00 feet to intersect the east right-of-way line of Eye Street; THENCE (2) North along said east right-of-way line, a distance of 264.00 feet to intersect the south right-of-way line of 17th Street; THENCE (3) East along said south right-of-way line, a distance of 132.00 feet; THENCE (4) North, a distance of 429.00 feet, to intersect the north right-of-way line of 18th Street; THENCE (5) West, along said north right-of-way line, a distance of 25.00 feet; THENCE (6) North, a distance of 115.50 feet to intersect the south right-of-way line of the alley (33 feet wide) in block 245; THENCE (7) East along said south right-of-way line, a distance of 57.15 feet; THENCE (8) North, a distance of 64.50 feet; THENCE (9) West, a distance of 1.21 feet; THENCE (10) North, a distance of 28.66 feet; THENCE (11) West, a distance of 30.94 feet; THENCE (12) North, a distance of 55.34 feet to intersect the south right-of-way line of 19th Street; EXHIBIT "A" THENCE (13) East along said south line, a distance of 11.42 feet; THENCE (14) North, a distance of 198.00 feet to intersect the south right-of-way line of the alley (33 feet wide) in block 234; THENCE (15) East along said south right-of way line a distance of 40.93 feet; THENCE (16) North, a distance of 61.87 feet; THENCE (17) West, a distance of 52.35 feet; THENCE (18) South, a distance of 28.87 feet to intersect the north right-of-way line of the alley (33 feet wide) in block 234; THENCE (19) West along said north right-of-way line, a distance of 3.00 feet; THENCE (20) North, a distance of 115.50 feet to intersect the south right-of-way line of 20th Street; THENCE (21) East along said south right-of-way line, a distance of 3.00 feet; THENCE (22) North, a distance of 577.50 feet to intersect the north right-of-way line of the alley {33 feet wide) in block 194; THENCE (23) West along said north right-of-way line a distance of 132.00 feet to intersect the east line of Eye Street; THENCE (24) North along said east right-of-way line, a distance of 115.50 feet to intersect the south right-of-way line of 22nd Street; THENCE (25) East along said south right-of-way line, a distance of 142.00 feet to intersect the southerly prolongation of the east right-of-way line of the alley (20 feet wide) in block 165; THENCE (26) North along said east right-of-way line and southerly prolongation thereof, a distance of 693.00 feet to intersect the south right-of-way line of 24th Street; THENCE (27) East along said south right-of-way line a distance of 359.50 feet to intersect the west right-of-way line of the alley (20 feet wide) in block 153; 2 THENCE (28) South along said west right-of-way line and southerly prolongation thereof, a distance of 693.00 to intersect the south right-of-way line of 22nd Street; THENCE (29) East along said south right-of-way line a distance of 183.25 feet to the southerly prolongation of the centerline of K Street; THENCE (30) South along said centerline, a distance of 264.00 right-of-way line of 21st Street; prolongation of K Street feet to intersect the north THENCE (32) South along said west right-of-way line and northerly and southerly prolongation thereof, a distance of 429.00 feet to intersect the south right-of-way line of 20th Street; THENCE (33) East along said south right-of-way line, a distance of 8.25 feet; a distance of 148.50 feet to intersect the line of the alley (33 feet wide) in block THENCE (34) South, south right-of-way 233; THENCE (35) West along said south right-of-way line, a distance of 72.00 feet; THENCE (36) South, a distance of 45.50; THENCE (37) West, a distance of 8.00 feet; THENCE (38) South, a distance of 12.25 feet; THENCE (39) West, a distance of 26.00 feet; THENCE (40) South, a distance of 140.25 feet to intersect the south right-of-way line of 19th Street; THENCE (41) East along said south right-of-way line, a distance of 70.00 feet; THENCE (42) South, a distance of 148.50 feet to intersect the south right-of-way line of the alley {33 feet wide) in block 246; THENCE (43) East along said south right-of way line a distance of 36.00 feet; 3 THENCE (31) West along said north right-of-way line, a distance of 181.50 feet to intersect the northerly prolongation of the west right-of-way line of the alley (16.5 feet wide) in block 206; THENCE (44) South, a distance of 57.75 feet; THENCE (45) West, a distance of 26.00 feet; THENCE (46) South, a distance of 140.25 feet to intersect the south right-of-way line of 18th Street; THENCE (47) East along said right-of-way line, a distance of 372.50 feet to intersect the west right-of-way line of L Street; THENCE (48) South along said west right-of-way line 346.50 feet to intersect the north right-of-way line of 17th Street; THENCE (49) West along said north right-of-way line a distance of 132.00 feet; THENCE (50) North, a distance of 132.00 feet; THENCE (51) West, a distance of 173.25 feet to the southerly prolongation of the centerline of K Street; THENCE (52) North along said prolongation of K Street, a distance of 132.00 feet to intersect the south right-of-way line of 18th Street; THENCE (53) West along said south right-of way line a distance of 173.25 feet; THENCE (54) South, south right-of-way a distance of 148.50 feet to intersect the line of the alley (33 feet wide) in block right-of-way line of 17th Street; THENCE (57) West along said north right-of-way line, a distance of 42.50 feet; THENCE (58) South, a distance of 196.50 feet; THENCE (59) East, a distance of 149.75 feet; THENCE (60) South, a distance of 150.00 to intersect the north right-of way line of Truxtun Avenue; THENCE (61) West along said north right-of-way line of Truxtun Avenue, a distance of 420.75 feet to the TRUE POINT OF BEGINNING. 273; THENCE (55) East along said south right-of-way line, a distance of 66.00 feet; THENCE (56) South, a distance of 115.50 feet to the north 2~.TH MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 4-11 (INTERIM) ...... BAKERSFIELD, CALIEORNIA STREET 23RD STREET 22ND ]1 I 21ST STREET ] I --t 20TH STREET 19TH STREET I REET 18TH 17TH AVENUE ~ TRUXTUN W W EXHIBIT 'B' MAINTENANCE DISTRICT 4-11 (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: (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 of EDU's in the district. (1 = S x a x t b EQUIVALENT DWELLING UNIT (EDU) CHART Equivalent Dwelling Units (EDU's) shall potential use per zoning as follows: USE EDU be calculated by use REMARKS or Non Residential 6/acre* Rounded to nearest .01 * Area calculations for parcels within Maintenance District 4-11 are based 50% by lot area and 50% by building area. P:J$\MAINDIST\FORMLrLA\MD4-11 EXHIBIT "C" EXHIBIT 'O" MAINTENANCE DISTRICT NO. 4-11 ( NTER M) SAJD ASSESSMENT IS MAEE iN ACCORBANCE WiTH THE BENEFIT FOFIvlULA A3TACHED HERETO. 1~ - 1997 BUDGET Gross Sadget Amount Required ~ Ovemea¢l EslJrra~d Be~nning Fund Balance / (Deficit~ Less: City Con~ibulJon NET AMOUNT TO BE ASSESSED =.~,MAJNOIS'T~E~"IIBfTS'~D4-11D V~Y,1 ;AS EXHIBIT 'E' ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 4-t 1 (INTERIMI FISCAL YEAR 1 996 - 1997 Assessment Parcel No. as snown on MaD Total Exh©it "B' Assessment 005-381-01-00-6 005-381-02-00-9 005-381-10-00-2 005-381 - 11-00-5 005-392-04-00-5 005-392-05-00-8 005-392-06-00-1 005-402-04-00-7 005-402-05-00-0 005-411-01-00-4 005-411-02-00-7 005-411-03-OO-0 005-431-01 -OO-O 005-431-02-00-3 005-442-01 -OO-0 OO5-442-O2-OO-3 OO5-442-03-OO-6 OO5-452-03-OO-9 OO5-452-04-OO-2 OO5-452-05-OO-5 005-452-06-00-8 005-461-01-00-9 005-461-02-00-2 005-461-03-01-4 005-481-03-O2-3 005-461-03-03-2 005-481-03-04-I 005-461-04-00-8 005-461-05-00-1 005-481-01-00-5 005-481-09-00-9 OO5-492-05-OO-7 OO5-432-07-OO-3 005-432-08-00-6 006-012-04-00-I 006-012 -05 -00-4 $0.00 $0.00 006-012-06-00-7 006-012-07-~-0 006-012-09-00-6 006 -012-: 5 -00 - 3 006-021-01-00-8 006-021 -02 -00- ~ 006-021-07-00-6 00~-021-08-00-9 006-021-09-00-2 006-171 -01-00-2. 006-171-05-00-4 006-t71-06-00-7 006- t 72-09-00-3 006-182-03-00-8 006-182-04-00-1 006-192-07-00-3 006-192-10-00-1 006-201-01-00-0 00~-201-09-00-4 Oate: SO.00 $0.00 50.00 ~0.00 £0.00 ~,0.00 $000 $0.00 ~0.00 50.00 '~0.00 SO.00 C~ Ciera an(3 Ex Officio Cleri( ofbqe Counc~t of t~e City of Bakemfiet~l