HomeMy WebLinkAboutRES NO 20-95RESOLUTION NO.
2O-95
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. 2-14 (INTERIM), CONFIRMING THE
ASSESSMENT AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR
(GOSFORD AND DISTRICT).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1129, adopted December 14, 1994, declared its
intention to order the establishment of a maintenance district, continned 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. 2-14, as shown and designated on that certain map
entitled Map and Assessment Diagram for Maintenance District No. 2-14, City of
Bakersfield, California, for Fiscal Year 1994-1995 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 a letter from the sole
property owner within Maintenance District No. 2-14 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. 2-14, 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. 2-14, 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 Maintenance District No. 2-14.
4. The assessment for Maintenance District No. 2-14, shall be the total sum
of $0.00 for the 1994-1995 fiscal year. The benefit formula (Exhibit "C") budget for
Maintenance District No. 2-14 (Exhibit "D"), and assessment roll for Maintenance District
No. 2-14 (Exhibit "E") are attached hereto and incorporated herein by reference.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments when this district is merged with the Consolidated Maintenance District.
6. Beginning in the 1995-96 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 tlie 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
FEB b 8 19~)5 , by the following vote:
AYES:
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILME~BEi~
COUNCILf~EMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, CHOW, SALVAGGIO
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: FEB 0 B 1~95
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN I
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. 2-14 (INTERIM)
Fiscal Year 1994-1995
WHEREAS, on WEDNESDAY, DECEMBER 14, 1994, the Council of
the City of Bakersfield adopted its Resolution of Intention No.
1129 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. 2-14
(Interim), is generally described as a district bounded by McNair
Lane on the north, Ride Street on the east, District Blvd. 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 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, irrigation system pipes, conduits, water
mains and/or sprinkler systems, storage buildings, plumbing and
fixtures 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.
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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. 2-14 (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 1994-95 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 1994-95 fiscal year. When merged into the
Consolidated Maintenance District, it is expected to be placed in
tier 1. The estimated maximum cost for non residential development
is $100.00 per Equivalent Dwelling Unit based on full build out of
the benefit area at existing zoning, using 1994 dollars and 1994
Parks Department maintenance and overhead costs.
The district will consist of non 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.
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NOW THEREFORE, I, RAULM. ROJ&S, 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 1994-95 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 the Maintenance District No. 2-14 (Interim), subject to be
assessed to pay the cost of maintenance and operation in said
district.
Dated:
DECEMBER 1, 1994
~AUL M. ~JAS
Director of Public Works
City of Bakersfield
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MAINTENANCE DISTRICT NO.
(INTERIM)
LEGAL DESCRIPTION
2-14
BEING A PORTION OF SECTION 16, T. 30S., R. 27E., M.D.B.& M., IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 16, T. 30S., R. 27E.;
THENCE (1)
N. 00039'42" E., along the west line of said section 16,
also being the centerling of Gosford Road, a distance of
907.54 feet, to the intersection of the centerline of
District Blvd. being the TRUE POINT OF BEGINNING;
THENCE (2)
Continuing N. 00039'42" E., along the west line of said
section 16, a distance of 1264.51 feet, to the
intersection of the centerline of McNair Lane;
THENCE (3)
S. 89012'44" E., along the centerline of McNair Lane
a distance of 585.00 feet to the intersection of the
centerline of Ride Street;
THENCE (4)
S. 00039'42" W., along the centerline of Ride Street a
distance of 1264.51 feet to the centerline of District
Blvd.;
THENCE (5) N. 89012'44" W., along the centerline of District a
distance of 585.00 feet to the TRUE POINT OF BEGINNING.
EXHIBIT A
,.,AP AND ASSESSMENT D~,..~RAM
FOR
MAINTENANCE DISTRICT NO. 2-14
(INTERIM)
BAKERSFIELD, CALIFORNIA
0
McNAIR LANE ~ ......
PARCEL
P.M. NO. 809G
P.M. BK. 33
PQ.
DISTRICTS,. BOULEVARD
DAY
EXHIBIT "B"
MAINTENANCE DISTRICT 2-14
(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 number of EDU's in the
district.
(1) = $ 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):
Divided by (b):
The number of EDU's for the parcel, and;
The total number of EDU's in the
district.
(2) = P x a
b
EXHIBIT "C"
Page I of 2
EOUIVALENT D~ELLING UNIT (EDU) CHART
Equivalent Dwelling Units (EDU's) shall
potential use per zoning as follows:
USE EDU
Agricultural Zone
1.0
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0
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
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
0.71/unit
6/acre
0.71/unit
1.00/unit
be calculated
REMARKS
Per parcel
Per parcel
by use
or
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.
See above
Rounded to nearest .01
Each calculated per
the above.
U :JOHN\ ~IAINDIST\ FORMULA\ M02 - 14
EXHIBIT "C"
Page 2 of 2
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 2-14
(INTERIM)
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1994 - 1995
BUDGET
Gross Budget Amount Required
(C~ty Staff Services or ContracL
Supplies, MateriNs, UlJlitJes,
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$0.00 ~
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. 2-14
(INTERIM)
FISCAL YEAR 1994 - 1995
Assessment Parcel No.
as shown on Map Total
Exhibit "B" Assessment
385-013-02-00-6 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
Page 1