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HomeMy WebLinkAboutRES NO 21-95RESOLUTION NO. 2 1 ' 9 5 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 3-08 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (ASHE AND WOODMERE). WItEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1130, adopted December 14, 1994, 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 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. 3-08, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 3-08, 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 all of the property owners within Maintenance District No. 3-08 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. 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. 3-08 will be interim districts and all such districts will be merged into the Consohdated 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: reference. 1. The foregoing recitals are true and correct and incorporated herein by 2. The Council hereby establishes Maintenance District No. 3-08, and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit I 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. 3~08. 4. The assessment for Maintenance District No. 3-08, shall be the total sum of $0.00 for the 1994-1995 fiscal year. The benefit formula (Exhibit "C") budget for Maintenance District No. 3-08 (Exhibit "D"), and assessment roll for Maintenance District No. 3-08 (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 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 FEB 0 8 1995 , by the following vote: AYES: NOES: COUNCILMEmBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCIL!~EMBER COUNCIL!~I~R DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, CHOW, SALVAGGIO CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: FEB 0 8 ~995 BOB P~/~~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY of the City of Bakersfield Attachments Exhibit 'T' Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 3-08 (INTERIM) Fiscal Year 1994-1995 WHEREAS, on WEDNESDAY, DECEMBER 14, 1994, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1130 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. 3-08 (Interim), is generally described as a district bounded by the ... on the north, ... on the east, ... on the south and ... 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 and 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. -1- 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. 3-08 (Interim), is being established as an interim maintenance district for the maintenance of a public park, 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 parks and 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. 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 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. 3-08 (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 NO. 3-08 (INTERIM) LEGAL DESCRIPTION BEING PORTIONS OF SECTIONS 21 AND 22, T. 30S., R. 27E., M.D.B.& M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING THENCE (1) THENCE (2) AT THE NORTHWEST CORNER OF SECTION 22, T. 30S., R. 27E.; S. 00°48'12" W., along the west line of said section 22, also being the centerling of Ashe Road, a distance of 16.29 feet, to intersect the south right-of-way line of the S.P.R.R.. being the TRUE POINT OF BEGINNING; S. 89009'07" E., along said south right-of-way line a distance of 1324.10 feet; THENCE (3) THENCE (4) THENCE (5) S. 00°45'19" W., a distance of 1325.35 feet; N. 89o00'46" W., a distance of 1325.21 feet to intersect the centerline of Ashe Road; S. 00°48'12" W., along the centerline of Ashe Road a distance of 1074.86 feet to intersect the northeasterly right-of-way line of the Arvin-Edison Canal as described in that first amended final order of condemnation recorded December 1.1966 in book 4000, page 17 official records; THENCE (6) THENCE (7) through various courses northwesterly along said north- easterly right-of-way line to intersect the south right- of-way line of said S.P.R.R. right-of-way; S. 89°08'48" E., along said S.P.R.R. right-of-way, 1480.50 feet to the TRUE POINT OF BEGINING. EXHIBIT A ..,AP AND ASSESSMENT DI, ..3RAM FOR MAINTENANCE DISTRICT NO. ,'3-08 (INTERIM) BAKERSFIELD, CALIFORNIA iIO DE JANEIRO DISTRICT BOUNDARY SCALE: 1"= 300' DAY JAMES W, MAPLES EXHIBIT "B" MAINTENANCE DISTRICT 3-08 (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 and operation of district, adjusted Multiplied by (a): Multiplied by (t): dollar amount budgeted for the maintenance the STREET LANDSCAPING (S) within the for prior year fund balance or deficit; The number of Equivalent Dwelling Units (EDU's) for the parcel, and; 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 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 number of EDU's in the district. (2) = . P x a b EXHIBIT "C" Page ! of 2 EOUTVALENT DWELLING UNIT (EDU) CHART 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 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 by use or ~EM~X$ 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. See above Rounded to nearest .01 Each calculated per the above. EXHIBIT "C" Page 2 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 3-08 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1994.- 1995 BUDGET Gross Budget Amount Required (city Staff Services or Contract. Supplies. Ma/~rials. Ufil'~e~. and Oven~ad 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. 3-08 (INTERIM) FISCAL YEAR 1994 - 1995 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 370-021-13-00-9 $0.00 370-022-01-00-1 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" Page 1