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HomeMy WebLinkAboutRES NO 168-95RESOLUTION NO. 1 6 8 - 9 5 RESOLUTION MAKING FINDINGS AND DETERMINATION REGARDING UNEXPENDED PARK ACQUISITION AND DEVELOPMENT FEES WHEREAS, the City adopted Ordinance No. 3317 adding Chapter 15.80 of the Bakersfield Municipal Code on September 19, 1990 in accordance with Government Code Section 66477 et seq for the purpose of acquiring park land; and WHEREAS, the City has been collecting fees for park land purposes in accordance with said Chapter 15.80 for five years; and WHEREAS, in accordance with Government Code 66477, any fees collected under said Chapter 15.80 shall be committed within five years after payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later; and WHEREAS, if fees collected under Chapter 15.80 have not been committed within the preceding time frame, refunds of said uncommitted fees are to be made to current property owners within the subdivision from which the fee was collected; and WHEREAS, the City adopted Ordinance No. 3327 adding Chapter 15.82 of the Bakersfield Municipal Code on November 7, 1990 in accordance with Government Code Section 66000 et seq for the purpose of developing and improving parks; and WHEREAS, the City has been collecting fees in accordance with Chapter 15.82 for five years; and WHEREAS, in accordance with Government Code 66001, the local agency shall make findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged; and WHEREAS, if the local agency cannot demonstrate a need for unexpended or uncommitted fees collected pursuant to Government Code 66000 et seq, the local agency shall refund said fees to current owners of property; and WHEREAS, attached Schedule "A" summarizes unexpended revenue collected in accordance with Chapters 15.80 and 15.82 and currenfiy held by the City; and Page 2 WHEREAS, the City determines said unexpended or uncommitted funds collected and held by the City is still needed for the purposes of acquiring and developing parks to serve those residential areas from which the fee was collected; and WHEREAS, the City proposes to commit said unexpended fees as shown on Schedule "A" in accordance with the attached Schedule "B"; and NOW, THEREFORE, BE IT FOUND AND RESOLVED BY the Council of the City of Bakersfield as follows: 1. The above recitals, incorporated herein, are true and correct. 2. Fees collected and held by the City in accordance with Chapters 15.80 and 15.82 are deemed still needed and committed for the purposes of park land acquisition and development to serve those residential areas within the applicable zone of benefit from which the fee was collected. 3. Attached Schedule "B" is adopted as the proposed schedule specifying how and where the fees will be used to serve the residents of the applicable zone of benefit from which the fee was collected. 4. This resolution constitutes the annual fiscal year findings for the required schedule specifying the commitment and expenditure of funds collected five or more years ago. Page C°uncilthe following vote:I HEREBY CERTIFYof the City of Bakersfield at athat the foregoing resolutiOnregular meeting thereof heldTM passed andon~10¥adopted° 8 ~05by theby Council of the City of Bakersfield t40¥ 0 8 ~ APPROYED City of Bakersfield s:~parks~contxact~esol SCHEDULE A ACCOUNTING OF REVENUE AND EXPENDITURES FOR THE 90-91 FISCALYEAR FOR PARK ACQUISITION AND DEVELOPMENT FILENAME: P:\FUND322\5YRSCHA ACQUISITION ZONE 1 - CAI STATE ZONE 2 - STOCKDALE ZONE 3 - PANAMA ZONE 4 - FAiRVI.EW ;'ZONE 5 - CENTRAL' ZONE 6 - PANORAMA ZONE 7 - JENKINS .DEVELOPMENT ZONE 1 - CAL STATE ZONE 2 - STOCKDALE i ZONE 3 -PANAMA 'ZONE 4 - FAIRVIEW ZONE 5 - CENTRAL ..i · ZONE 6 -PANORAMA ZONE 7 - JENKINS A FEES COLLECTED IN 90-91 FY (INCLUDES ALLOCATION OF INTEREST) 41,412.00i o.oo 6,363.11 .0.00 · 0,00 6,159.93 0.00' 61,246.43 14,750.09 9,269.34 42,105.7!! s,.oo6.55! 27,352.82 246,27__4.46 B AMOUNT IN COLUMN "A" BALANCE OF UNEXPENDED THAT WAS EXPENDED BY 90/91 REVENUE 6/30/95 FOR PARK i AS OF 6/30/95 IMPROVEMENTS ~ COLUMNS A - B 41,412.00 0.00 6,363.11 · . .0~00 ii 0.00! 3,726.00 7,799.35 9,269.34 · ' .'. 0.00 .. i..'i'::'8~006,55 0.00! 0.00 0.00 0.00 ·6,159.93 0.00 0.00 0.00 0.00 57,520.43 6,950.74 0.00 · 42,105;71' ... 27,352.62 7_.~,~-Z6.35 . . 169, 698, ! 1:: SCHEDULE B Proposed committment of the unexpended portion of Park Acquisition and Development fees collected in the 1990-91 fiscal year. Acquisition Funds Balance of unexpended 1990/91 Revenue as of 06/30/95 Notes Zone 6 - Panorama Development Funds Zone 1 - Cal State Zone 2 - Stockdale Zone 4 - Fairview Zone 6 - Panorama Zone 7 - Jenkins $6,159.93 $57,520.43 $6,950.74 $42,105.71 $29,608.48 $27,352.82 $169,698.11 Funds to used to acquire park site near Miramounte and Hwy 178 (Included in Capital Improvement Plan for 1999- 2000 fiscal year) Funds to be used to develop Tevis Ranch park site (Included in Capital Improvement Plan for 1995-96 fiscal year) Funds to be used to enhance existing parks (To be included in 1996-97 Capital Improvement Plan) Funds to be used to develop either southwest corner of Berkshire/So. "H" park site or north of Panama Lane and east of Monitor park site (Included in Capital Improvement Plan for 1998-99 fiscal year) Funds to be used to develop park site near Miramounte and Hwy 178 (Included in Capital Improvement Plan for 2000+ fiscal year) Funds to be used for enhancements at Bill Park Greens Park (To be included in 1998-97 Capital Improvement Plan) lot us~rks~nisc~sched - b