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