HomeMy WebLinkAboutRES NO 109-95RESOLUTION NO. 1 0 9 ' 9 5
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. 1-10 (INTERIM), CONFIRMING THE
ASSESSMENT AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR
(RENFRO/TEXAS ROSE)
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1127, adopted May 17, 1995, declared its
intention to order the establishment of a maintenance district, preliminarily adopted,
confirmed and approved the Public Works Director's Report, set 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. 1-10, as shown and
designated on that certain map entitled Map and Assessment Diagram for Maintenance
District No. 1-10, 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. 1-10 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. 1-10, 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. 1-10, 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. 1-10.
4. The assessment for Maintenance District No. 1-10, shall be the total sum
of $0.00 for the 1994-1995 fiscal year. The benefit formula (Exhibit "C") budget for
Maintenance District No. 1-10 (Exhibit "D"), and assessment roll for Maintenance District
No. 1-10 (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
JUN 2 $ 1~$ , by the following vote:
AYES; COUNC[LMEMBER DeMOND, ¢a~al~, SMITH, McDERMOTT, ROWLES, (~1~1', SALVAGGIO
NOES: COUNCILMEMBF~ {~D_~C~ ~
ABSTAIN: COUNC;L.ZhI~ER k[~ kZ¢
ABSENT: COUNCILMEMBER . O~r t.O
Assistant CITY CLERK and Ex Offi0io Clerk of the
Council of the City of Bakersfield
APPROVED: JUN 2 8
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATrORNEY of the City of Bakersfield
Attachments
Exhibit 'T'
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
City of Bakersfield
PUBLIC NORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 1-10 (INTERIM)
Fiscal Year 1995-1996
WHEREAS, on WEDNESDAY, MAY 17, 1995, the Council of the
City of Bakersfield adopted its Resolution of Intention No. 1127 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. 1-10
(Interim), is generally described as a district bounded by the Kern
River Freeway Alignment on the north, Renfro Road on the east, a
line parallel to and 1/8 of a mile north of Stockdale Highway on
the south and a line parallel to and 1/4 mile west of Renfro 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
and operating public street median and other public street
landscaping improvements. The improvements generally include, but
are not limited to, turf, plant forms, shrubs, ground cover, trees,
lighting, irrigation systems, electrical conduits, wiring, timers,
walls and sidewalks. 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.
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,
EXHIBIT "1"
-1-
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. 1-10 (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 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
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 residential and 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.
-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 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. 1-10 (Interim), subject to be
assessed to pay the cost of maintenance and operation in said
district.
Dated: ~ -/~ F ~--
Director ~f Public Works
City of Bakersfield
-3-
MAINTENANCE DISTRICT NO. 1 DIVISION 10
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, BEING A PORTION OF SOUTHEAST QUARTER OF
SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.B. & M., MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at the southeast corner of said section 34 thence North
00°23'13" East, along the East line of said Section 34, a distance
of 661.73 feet, to the True Point of Beginning.
THENCE (1) N. 89°29'54" W., a distance of 1324.87 feet;
THENCE (2) N. 00025'04" E.,
beginning of a nontangent
having a radius of 5295.17
16o52'36" E.;
a distance of 875.07 feet to the
curve concave to the southeast
feet, which radius point bears S.
THENCE (3) Northeasterly along said curve through a central
angle of 06°07'31" an arc length of 566.08 feet;
THENCE (4) S. 86o56'04" E., a distance of 676.74 feet;
THENCE (5) S. 04009'44" E., a distance of 324.06 feet;
THENCE (6) S. 89~30'00" E., a distance of 74.17 feet to a
point on the East line of said section 34;
THENCE (7) S. 00°23'13" W., along said East line a distance of
661.72 feet to the True Point of Beginning.
U: JOHN~ BAINDIST\ LEGALS% LEGL1-10
EXHIBIT A
MAP AND ASSE" -~MENT DIAGRAM
FOR
MAINTENANCE DISTRICT NO. 1-10
(INTERIM) CL JOHNSON ROAD '-~
c~ '0 \ ~ ~ EA~EM£NT PER ~'935, ~ ~
.... ~ -- -- ~ - ~ I 7417'
~ ~ II 792 GROSS A~ ~ ~ PER 8K. 6519, PG.
D~sm~c? 8~N ~ 53'
MAIN'~NANCE DISTRICT l, DXVXSIOI~ l0
CITY OF BAKERSFIELD
BENEFIT FORMUI~
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) = 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
Eou'rvlt?.~'~ DWELL'rNG UNI'~ ¢EDU) CHAR'~
Equivalent Dwelling Units (EDU's) shall be calculated by use or
potential use per zoning as follows:
USE EDU REMARKS
Agricultural Zone
1.0 Per parcel
Single Family
Dwelling Unit,
5 acres
(Detached)
less than
1.0 Per parcel
Undeveloped R-1 zoned 4/acre
5 acres or more.
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned, I/acre
less than 5 acres.
Rounded down to the
nearest whole number.
Multi-Family (Attached)
Dwelling Unit R-2, R-3
0.71/unit
Number of units shall
equal %he acreage
multiplied by 12
rounded down to the
nearest whole number.
Undeveloped R-2, R-3
0.71/unit
See above
Non Residential
6/acre
Rounded to nearest .01
Mobile Homes in parks
(Rent Space)
0.71/uni~
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per
the above.
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 1
DIVISION 10
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA A]-FACHED HERETO.
1994 - 1995
BUDGET
Gross Budget Amount Required
(City Staff Services or Con~act.
Supplies. Materials. Utilities.
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$0,00
$0.00
$o.0o
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO.1
DIVISION 10
FISCAL YEAR 1994 - 1995
Assessment Parcel No.
as shown on Map Total
Exhibit "B" Assessment
408-020-17-00-8
408- 020- 27 -00 - 7
Total
Date:
$0.00
$o.oo
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
Page 1
Recording requested by
and when recorded
mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Parcel Map Waiver No. 19-94 Parcels I throuuh 3
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of .199 , by
(hereinafter. "Owner"). in connection
with (Interim) Maintenance District 1-10, located in the City of Bakersfield, California.
The real property herein described is located within Tier 1 of (Interim) Maintenance District
1-10. and may be assessed for maintenance of public landscaping on public rights-of-way within the
district.
Although this property may have been assessed a lesser amount in the present tax year. the
ultimate estimated annual assessment for maintenance of public landscaping within this tier, based
on full buildout of this district, is $100.00 per single family dwelling, based on 1994 dollars and labor
costs of the district.
It is understood that it is the intent of the Public Works Department that said Maintenance
District No. 1-10 be merged with the Consolidated Maintenance District Beginning July 1. 1996.
It is anticipated that merging of Maintenance District No. 1-10 with the Consolidated Maintenance
District will not affect the amount of ultimate estimated annual assessment referenced above.
This covenant may not be amended or modified without the prior approval of the City of
Bakersfield. This covenant shall run with the land.
Property description:
Dated this ~ day of
Owner (s)/Developer(s):
· 199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
PW-jas P:~i~.,~