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Home My WebLink AboutRES NO 162-95RESOLUTION NO. 1 6 2 ' 9 5 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 5-05 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BYTHE KERN COUNTY TAX COLLECTOR (PANAMA/UNION). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1139, adopted October 11, 1995, declared its intention to order the establishment of a maintenance district, preliminarily adopted, 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. 5-05, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 5-05. City of Bakersfield, California, for Fiscal Year 1995-1996 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. 5-05 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 Maintenavce District No. 5-05. will be interim districts and all such districts will be merged int(~ the Consolidated Maintenance District at the end of each fiscal year. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Bakersfield, as follows: The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby establishes Maintenance District No. 5-05, 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. Fxhibits "A" and "B" attached hereto and incorporated herein by reference describe Maintenance District No. 5-05. 4. The assessment for Maintenance District No. 5-05, shall be the total sum of $0.00 for the 1995-1996 fiscal year. The benefit formula (Exhibit "C") budget for Maintenance District No. 5-05 (Exhibit "D"). and assessment roll for Maintenance District No. 5-05 (Exhibit "E") are attached hereto and incorporated herein by reference. 5. The Kern CounW Tax Collector is hereby authorized to collect such assessments when this district is merged with the Consolidated Maintenance District. 6. Beginning in the 1996-97 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 olderation 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 app~o,ied 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 OCT 2 5 ~0~ , by tae following vote: ARSON, $MffH, k~OF~RIIOTT, ROWt.ES, SUI,LIVAN, SAI.VAGGIO AYES: cOUNCILMEMBER DeMONO, C ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: OCT 2 5 ~ BOB PRIC MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN 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. 5-05 (INTERIM) Fiscal Year 1995-1996 WHEREAS, on WEDNESDAY, October 11, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1139 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 Clerk of the Council his report, in follows: Director writing, filed with the City which Report is as Public Works Director's Report City of Bakersfield, Maintenance District No. 5-05 (Interim), is generally described as a district bounded by Panama Lane on the north, Union Avenue on the east, the Arvin-Edison Canal on the south and Nadeau Street 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, 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. EXHIBIT "1" -1- For many years, public parks, public street median and other public street landsca~n~ maintained thr~a~-~x .... 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. 5-05 (Interim), is being established as an interim maintenance district for the maintenance of a public park and 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 street tier 2 and park tier 1. The estimated maximum cost for residential development is $150.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1995 dollars and 1995 Parks Department maintenance and overhead costs. The district will consist of residential and non residential uses, 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, ~AUL M. 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. 5-05 (Interim), subject to be assessed to pay the cost of maintenance and operation in said district. Dated: October 25, 1995 Director ~ Public Works City of Bakersfield -3- MAINTENANCE DISTRICT 5-05 (INTERIM) LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 30 $, R 28 E, M.D.B. & M., and more particularly described as follows: Commencing at the northeast corner of said Section 30, said point also being the intersection of centerlines of Panama Lane and Union Avenue, thence South 00° 00' 01" East, along the centerline of Union Avenue, a distance of 30.00 feet to the south line of the north 30 feet of said Section 30 and the TRUE POINT OF BEGINNING; THENCE (1) South 00° 00' 01" East, along the centerline of Union Avenue, a distance of 1321.96 feet, to intersect the north right-of-way line of the Arvin-Edison Canal; YHEHCE (2) South 89° 54' 42" West, along said north line, a distance of 1319.07 feet, to intersect the centerline of Nadeau Street; THENCE (3) North 00° 00' 29" East, along the centerline of Nadeau Street, a distance of 1322.11 feet, to intersect the south line of the north 30.00 feet of said Section 30; THEHCE (4) North 89° 55 05" East, along said south line, a distance of 1318.88 feet, to intersect the centerline of Union Avenue and the TRUE POINT OF BEGINNING. EXHIBIT "A" MDF\CONSMD\LEGAL24A .95 MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 5-05 (INTERIM) BAKERSFIELD, CALIFORNIA _,~,,~: ,- . .:o. ~' PANAMA A, NE NE CORNER DISTRICT BOUNDARY--~ ,/ N-89'55'05" E 1318.88' SEC. 30. 30/28~,, C=IAPAS : iUh;it AVENUE REYNQSA AVENu= ~ OBREGON AV£h, UE i I N 89'54'42" E 1319.07' EXHIBIT "B" MAINTENANCE DISTRICT 5--05 (IRTERIM) 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) = 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 number of EDU's in the district. (2) = P x a b EXHIBIT "C" Page ! of 2 EOU~VALEN~ D~EIJ.,ING UNIT (EDU) CHAR~ 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 0.71/unit Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use 6/acre 0.71/unit 1.00/unit be calculated by use or 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. Rounded to nearest .01 Each calculated per the above. U:IOHN\MA I~DISTIFORMULA\MD5-05 EXHIBIT "C" Page 2 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 5-05 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1995 - 1996 BUDGET Gross Budget Amount Required (city Staff Services or Contract, Supplies, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance ! (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $0.00 $0.00 $o.oo $0.001 U:\MAINDIST~EXHIBITS\MD5- 05D.WK1 JAS EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 5-05 (INTERIM) FISCAL YEAR 1995 - 1996 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 176-080-08-00-0 $0.00 Total $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" Page1 Recording requested by and when recorded mail to: City of Bakersfield City C!erk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5809-A Lots I throuoh 73 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed bv the undersigned Wattenbarger-Meystedt Development Corporation. a Calitbrnia Corporation, and Douglas M. Wattenbarger. an unmarried man, (hereinafter. "Owner"), in connection with (Interim) Maintenance District 5-05, located in the City of Bakersfielck California. The real property herein described will bc located within Tier 2 of (Interim) Maintenance District 5-05, 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 tbr maintenance of public landscaping within this tier, based on full buildout of this district. is $125.00 per single family dwelling, based on 1995 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. 5-05 be merged with the Consolidated Maintenance District Beginning July 1. 1996. It is anticipated that merging of Maintenance District No. 5-05 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. Dated this 28~_h day of SePt~fil:~-~ . 1995. Owner{ s )/Develo!~r(s): Wattenbarger-Meystedt Development. a California Corporation and Douglas M. Wattenbareer. an un~amed man - Dougl~ M. Watt~nbarger. Vice-Presi~t and Indiadual NO~: All owner(s)/dewio~r(s) sig~tu~s must be no~m~. City of Bakersfield: Public Works Director PW-jas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No State of California County of Kern On September 28, 1995 before me, ~AR~A ROSA OCHOA, Notary Public personally appeared DOU~.~S M. WA',u.1~NBARLasF, ~ personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person,s=) whose name(=~) ismace subscribed to the within instrument and ac- knowledged to me that he~s~.~.~y. executed the same in his/l'~=~=thn~., authorized capacity(ic.~.), and that by signature(s~: on the instrument the person~), or the entity upon behalf of which the person(=s=) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE CF NOTARY OPTIONAL Though the data below is not required by law. it may prove valuaPle to persons relying on me document and could prevent frauciulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT COVSZqANT DISCLOSING INCLUSION IN MAIN'I'.~.kNANCE D Ib'I'~LICT ~ PARTNER(S) ~ LIMITED ~ GENERAL ~-~ A3q'ORNEY-IN-FACT ~' TRUSTEE(S) ~ GUARDIAN/CONSERVATOR .--, OTHER: TITLE OR TYPE OF DOCUMENT ~ (1) PAG~ NUMBER OF PAGES ~28, 1995 DATE OFDOCUMENT SIGNER IS REPRESENTING: WA'rr~iNBAR~-MEYS'r~iU~ DEVELOPMENT CORPORATION, a Ca13.torn3.a Corporate. on, and . ~ SIGNER(S) OTHER THAN NAMED ABOVE