HomeMy WebLinkAboutRES NO 34-94RESOLUTION NO.
A RESOLUTION ADDING TERRITORY TO EXISTING
MAINTENANCE DISTRICT NO. 3, DMSION 5,
CONFIRMING THE ASSESSMENT AND AUTHORIZING
COLLECTION OF ASSESSMENTS BY THE KERN COUNTY
TAX COLLECTOR (RESOLUTION OF INTENTION NO.
1111) (McKee Road)
WHEREAS, The City Council of the City of Bakersfield, heretofore by
Resolution of Intention No. 1111, adopted January 12, 1994, declared its intention, pursuant
to Chapter 13.04 of the Bakersfield Municipal Code, to add territory to existing
Maintenance District No. 3, Division 5, as shown and designated on that certain map
entitled Amended Map and Assessment Diagram for Maintenance District No. 3, Division
5, City of Bakersfield, California, for fiscal year 1993-1994 on file in the offices of the City
Clerk and Public Works Director, City of Bakersfield, confirmed and approved the Public
Works Director's Report, the fairness of the benefit formula, the amount of assessment to
be levied against each parcel, and reserved the right to perform work by City forces or
private contractor; and
WHEREAS, the City Council by Resolution of Intention No. 1111 referred
said addition of territory of district to the Public Works Director of the City and directed
him to make and file with the City Clerk a Report in writing; 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, amended district boundaries and proposed assessments; and
WHEREAS, the City Council by Resolution of Intention No. 1111 confirmed
and approved the Public Works Director's Report and fixed WEDNESDAY, MARCH 9,
1994, AT 7:00 P.M., or as soon thereafter as may be heard, at the Council Chambers of the
City Council, City Hall, Bakersfield, California, as the time and place for hearing protests
or objections to the proposed addition of territory to the district and proposed assessment,
and provided for Notice of said hearing in accordance with law; and
WHEREAS, the City Clerk has filed in her office affidavits setting forth the
compliance with the requirements of Section 13.04.150 through 13.04.170 of the Bakersfield
Municipal Code for publishing, posting and mailing notices of the hearing on the proposed
addition of territory to Maintenance District No. 3, Division 5, and said City Council hereby
finds that said notice has been given in the manner required by law; and
WHEREAS, the above bearing was duly held by the City Council at the time
and place for the hearing of all protests to the proposed addition of territory to the district
and assessment; and
WHEREAS, any written protests filed with the Clerk at or before the time set
for said hear were considered by said Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
The foregoing recitals are true and correct and the Council so finds
and determines.
The Council hereby adds territory to Maintenance District No. 3,
Division $ and confirms and adopts the Public Works Director's
Report, including the amounts of assessment, as set forth in the Public
Works Director's Report. Exhibits "A" and "B" attached hereto and
incorporated herein by reference describe Maintenance District No. 3,
Division 5, inclusive of the additional territory.
o
The assessment for the parcels within the additional territory for
Maintenance District No. 3, Division 5, shall be the total sum of $0.00
for the 1993-1994 fiscal year. The benefit formula (Exhibit "C") budget
for additional territory (Exhibit "D"), and assessment roll for additional
territory (Exhibit "E") are attached hereto and included by reference
herein.
o
The City Clerk is hereby directed to file annually the statement
required by Section 54900 et seq. of the Government Code of the
Stat~ of California with the County Assessor and with the State Board
of Equalization in Sacramento, and the Kern County Tax Collector is
hereby authorized to collect such assessments.
The Public Works Director is hereby directed hereafter 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 on the County tax rolls for the applicable fiscal period.
Upon filing of the Report, the Clerk shall set the Report for hearing
before the City Council and give Notice of Hearing in the manner
prescribed in Chapter 13.04 of said Code.
I HEREBY CERTIFY'that the foregoing Resolution was passed and adopted
by the Council o~t~e City of Bakersfield at a regular meeting thereof held on
M^R 0 9 , by the following vote:
AVES: COUNCILMEblBER~ McDERMOTT,~WAR~,
NOES: CQUNClLMEMBERS
ABSTNN: COUNCiLMEMBER~
GOUNCILMEMBER~ \
CITY CLERK and Rx Officio Clerk of the
Council of the City of Bakersfield
APPROVED: ~AR 0 9 ~
MAYOR of the City of Bakersfield
APPROVED as to form:
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MAINTENANCE DISTRICT NO.
DIVISION 5
LEGAL DESCRIPTION
3
A parcel of land situated in the City of Bakersfield, County of
Kern, State of California, being a portion of Section 35, Township
30 South, Range 27 East, M.D.B.& M., more particularly described as
follows:
Beginning at the East Quarter Corner of Section 35 being the
centerline of Wible Road, the South line of the Northeast Quarter
of Section 35 being the centerline of McKee Road;
Thence (1) North 89'04'51" West along the centerline of McKee Road
a distance of 1,982.17 feet; as shown on Tract Map No. 4824 Unit A
recorded in Book 38, Page 109, Recorded March 15th 1991, in the
office of the Kern County Recorder;
Thence (2) North 00'35'00" East along the west line of Tract No.
5605 a distance of 1318.58 feet;
Thence (3)
North 89'05'40" East along the north line of Tract No.
5605 a distance of 660.64 feet, also being the
centerline of Singleton Avenue;
Thence (4) North 00'34'47" East along the west line of Tract No.
5450 a distance of 659.37 feet;
Thence (5)
South 89'06'04" East a distance of 1,321.63 feet to a
point on the east line of the Northeast Quarter of said
Section 35 also being the centerline of Wible Road;
Thence (6) South 00'35'06" West along the centerline of Wlble Road
a distance of 1,978.58 feet to the point of beginning.
1/23/98
EXHIBIT "A"
ORIGi~'IAL
N. ,P AND ASSESSMENT DIA..,aAM
FOR
MAINTENANCE DISTRICT NO. 3
DIVISION 5
BAKERSFIELD, CALIFORNIA
(AMENDMENT NUMBER 2)
LEGEND
ADDISON OF TERRITORY
TO DISTRICT
COURSE NUMBERS
MCKEE ROAD ~ ~ N 89' 04' 51" w ' ~ ~ ~'
ADDITIONAL TERRITORY / 1521 45'
GALF $. ENSTAD
OR,,~,N,~L
EXHIBIT "B"
MAINTENANCE DISTRICT NO. 3, DIVISION 5
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed at the following rates:
For each assessable non residential parcel the assessment
shall be the sum of (1) and (2) as defined below.
For each assessable residential parcel the assessment shall be
the sum of (1), (2), and (3) as defined below.
(1) shall e~ual the dollar amount budgeted for the maintenance and
operation of the MEDIAN LANDSCAPING (M) 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;
Divided by: (b): The total number of EDU's in the district.
(1) = M x a
b
(2) shall equal the dollar amount budgeted for the maintenance and
operation of the STREET LANDSCAPING and WALLS (S) within the
district, adjusted for prior year fund balance or deficit;
Multiplied by (a):
Divided by (b):
NOTE: (2) shall e~ual
undeveloped church parcel.
The number of EDU's for the parcel, and;
The total number of EDU's in the district.
(2) = S x a b
zero dollars for any developed or
(3) 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.
(3) P x a
b
EXHIBIT "C"
Page 1 of 2
Equivalent Dwelling Units (EDU's) shall be calculated by use or
potential use per zoning as follows:
USE EDU REMARKS
Single Family (Detached)
Dwelling Unit
Undeveloped R-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
or with 1 single family
residence, less than 5
acres.
Multi-Family (Attached)
Dwelling Unit R-2, R-3
Undeveloped R-2, R-3
Non Residential
(including Churches)
Mixed Use
1.0
4/acre
3/acre
0.71/unit
0.71/unit
6/acre
Rounded down to the
nearest whole number.
Rounded down to the
nearest whole number.
Number of units shall
equal the acreage
multipliedby12 rounded
down to the nearest
whole number.
Rounded to nearest .01
Each calculated per
the above.
md3.5
11/08/93
page 2 of 2
EXHIBIT "C"
EXHIBIT "D"
ADDITION OF TERRITORY TO
MAINTENANCE DISTRICT NO. 3
DIVISION 5
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1993- 1994
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
$0.00
$o.ool
EXHIBIT "D"
EXHIBIT "E"
Assessment Parcel No.
as shown on Map
Exhibit "B"
ASSESSMENT ROLL
ADDITION OF TERRITORY TO
MAINTENANCE DISTRICT NO.3
DIVISION 5
FISCAL YEAR 1993 - 1994
Total
Assessment
373-371-01-00-7
373-371-02-00-0
373-371-03-00-3
373-371-04-00 -6
373-371-05-00-9
373 - 371 - 06 -00- 2
373 - 371 - 07 -00 - 5
373 - 371 - 08 -00 - 8
373 - 371 - 09 -00 - 1
373- 371 - 10-00-3
373-371 - 11-00-6
373-371-12-00-9
373-371 - 13-00-2
373-371 - 14-00-5
373-372-01-00-4
373-372-02-00-7
373-372-03-00-0
373-372- 04-00-3
373-372-05-00-6
373-372-06-00-9
373-372-07-00-2
373-372-08-00-5
373-372-09-00-8
373-372-10-00-0
373-373-01-00-1
373-373-02-00-4
373-373-03-00 -7
373-374-01-00-8
373-374-02-00-1
373-374-03-00-4
373 - 374 - 04 -00 - 7
373- 374-05-00- 0
373-374-06-00-3
373-374-07-00- 6
373-374-08-00-9
373 - 374 - 09 -00 - 2
373-374-10-00-4
373-374-11-00-7
373-374-12-00-0
Page 1
O .OO
O.OO
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30.00
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30.00
30.00
;O.OO
30.00
~0.00
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~0.00
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;0.00
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09
Assessment Parcel No,
as shown on Map
Exhibit "B"
373-374-13-00-3
373- 374-14-00- 6
373-374-15-00- 9
373- 374-16-00- 2
373 - 374-17 -00 - 5
373 - 374-18-00- 8
373- 374-19-00-1
373-374-20-00-3
373-374-21-00-6
373-374-22-00-9
373-375-01-00-5
373 - 375 - 02 -00 - 8
373-375-03-00-1
373 - 375 - 04 -00 - 4
373-375-05-00- 7
373-375-06-00-0
Total
Date:
Total
Assessment
0.00
0.00
0.00
0.00
0.00
0.00
~0.00
$o.oo
~0.00
~0.00
~0.00
~0.00
~0.00
~0.00
~0.00
~0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
Page 2