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HomeMy WebLinkAboutRES NO 192-95RESOLUTION NO. I 9 2 - 9 5 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 1-11 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (JEWETTA/BIRCHAVEN) WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1140, adopted Novemberg 29, 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. 1-11, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 1-11, 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. 1-11 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. 1-11, 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. 1-11, 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. 1-11. 4. The assessment for Maintenance District No. 1-11, shall be the total sum of $0.00 for the 1995-96 fiscal year. The benefit formula (Exhibit "C") budget for Maintenance District No. 1-11 (Exhibit "D"), and assessment roll for Maintenance District No. 1-ll (Exhibit "E") are attached hereto and incorporated herein by reference. 5. The Kern County Tax Collector is hereby authorized to collect assessments for Maintenance District 1-11 as an interim district and when it 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 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 DI:C 1 $ 1~5 , by the following vote: ER DeMOND,C/~, SM TH, lal~ERlil{~, I~}~, SULLIVAN, SALVAGGIO AYES: COUNCILMEM8 ~ NOES: COUNCILMEMBER ~..C~ C~.y-C,~ I.k~.p~'~"-, '~ ~.'0[~ ABSTAIN: COUNCILMEMBER ~' \ C) ~'~ J~ AI~,ENT; COUNGILMEMBER ~'~"~ -~ J a,,CITY CLERK and Ex Ofificio Clerk of the Council of the City of Bakersfield APPROVED: DEC 1 :l 1885 MAYOR of the City of Bakersfield APPROVED as to form: 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. 1-11 (INTERIM) Fiscal Year 1995-1996 WHEREAS, on WEDNESDAY, November 29, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1140 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. 1-11 (Interim), is generally described as a district bounded by a line 1/Sth of a mile south of Palm Avenue on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 990 feet north of Brimhall Road on the south and Jewetta Avenue 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- 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. 1-11 (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 residential development is $100.00 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 development, 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, RAIFLM. 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-!1 (Interim), subject to be assessed to pay the cost of maintenance and operation in said district. RAIFL M. ROJ~ Director of Public Works City of Bakersfield -3- ~JklNT~N~,NCE DISTRICT 1-11 LE~,AL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 29 S, R 27 E, M.D.B. & M., and more particularly described as follows: Commencing at the west quarter corner of said Section 30, said point also being the intersection of centerlines of Palm Avenue and Jewetta Avenue, thence South 00° 48' 20" West, along the centerline of Jewetta Avenue, a distance of 659.94 feet to the northwest corner of Tract 5334, recorded August 24, 1995 in Book 42, Page 22 of maps in the office of the Kern County Recorder, and the TRUE POINT OF BEGINNING; THENCE (1) South 89° 09' 57" East, along the north line of said Tract 5334, a distance of 655.90 feet, to the northeast corner of said Tract; THENCE (2) South 00° 50' 11" West, along the east line of said Tract a distance of 660.13 feet, to the southeast corner of said Tract; THENCE (3) South 89° 08' 56" East, a distance of 523.61 feet; THENCE (4) South 00° 52' 02" West, a distance of 330.14 feet; THENCE (5) North 89° 08' 25' West, a distance of 914.57 feet; THENCE (6) North 00° 52' 02" East, a distance of 330.00 feet, to intersect the south line of said Tract 5334; THENCE (7) North 89° 08' 56" West, along said south line, a distance of 264.57 feet to the southwest corner of said Tract 5334, also being the centerline of Jewetta Avenue; THENCE (8) North 00° 48' 20" East, along the centerline of Jewetta Avenue, a distance of 659.95 feet to the northwest corner of said Tract 5334 and the TRUE POINT OF BEGINNING. EXHIBIT MAINTENANCE DISTRICT NO. 1-11 ~ (IN'rERIM) . BAKERSFIELD, CALIF-OF~NIA ~,,~ ,--,00. ~ 1/4 COR SEC. 50, 29/27 S 89'09'57~ ~_ 655.90' TRACT! NO. I I I -. I BI.~ C,~I V~'N 264.57' z tO 9 8 A V~NUE ? 264.21' . ~ DIS3T~ICT BOUNDARY N E. COR, OF THE SW 523 61' $.W, COR. SEC. 50, 29/27 S.E. COR. OF THE S.W. CF --E S.W. 1//+ OF SEC 50, 29/27 MAINTENA~CE DISTRICT 1-11 (INTERIM) BENEF~ FOItMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) 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 EXHIBIT "C" Page i of 2 EOU'rVALENT DWELLING UNTT (EDU) CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone t.0 Per parcel Single Family (Detached) Dwelling Unit, less than 5 acres 1.0 Per parcel Undeveloped R-1 zoned 5 acres or more. 4/acre Rounded down to the nearest whole number. Undeveloped R-1 zoned, less than 5 acres. 1/acre Rounded down to the nearest whole number. Multi-Family (Attached) Dwelling Unit R-2, R-3 0.71/unit Undeveloped R-2, R-3 0.71/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6/acre Rounded to nearest .01 Mobile Homes in parks (Rent Space) 0.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. U: JOHN ~ MAIND IST \ FORHULA ~ t~l - 11 EXHXBXT "C" Page 2 of 2 EXHIBIT "D" MAINTENANCE DISTRICT NO. 1 - 11 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1995- 1996 BUDGET Gross Budget Amount Required (City Staff Serwce~ or Con=act. Supplie~. Mets~ds. UtJt'F~es. and Ove~hee= Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $0.00 $0.00 $o.oo $o,oo, P:\MAI NO IS~EX HI BIT$\Id~ 1 - 11 D .WK1 JAS EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 1 -tl (INTERIM) FISCAL YEAR 1995 - 1996 Assessment Parcel No. as shown on Map Total Exhibit "B' Assessment 110-120-06-00-5 110-120-36-00-2 110-130-02-00-6 $0.00 $0.00 $o.oo Total $0.00 Date: /,.2/~ 7/9 5~' ~.~City Clerk and Ex O~cio Cl{t/k of the Council of the City of Bakeinfield EXHIBIT "E" Page1