HomeMy WebLinkAboutRES NO 100-94A RESOLUTION ADDING TERRITORY TO EXISTING
MAINTENANCE DISTRICT NO. 4, DIVISION 5,
CONFIRMING THE ASSESSMENT AND AUTHORIZING
COLLECTION OF ASSESSMENTS BY THE KERN COUN~"f
TAX COLLECTOR (RESOLUTION OF INTENTION NO.
1118) (OSWELL)
WHEREAS, The City Council of the City of Bakersfield,
heretofore by Resolution of Intention No. 1118, adopted May 4,
1994, declared its intention, pursuant to Chapter 13.04 of the
Bakersfield Municipal Code, to add territory to existing
Maintenance District No. 4, Division 5, as shown and designated on
that certain map entitled Map and Assessment Diagram for
Maintenance District No. 4, Division 5, City of Bakersfield,
California, for fiscal year 1994-1995 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 rlght to performwork
by City forces or private contractor; and
WHEREAS, the City Council by Resolution of Intention No.
1118 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.
1118 confirmed and approved the Public Works Director's Report and
fixed WEDNESDAY, JUNE 8, 1994 AT 5:15 P.M., as the time to hear
public testimony regarding the addition of territory to Maintenance
District No. 4, Division 5, and also set WEDNESDAY, JUNE 29, 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. 4,
Division 5, and said City Council hereby finds that said notice has
been given in the manner required by law; and
WHEREAS, the above hearings were 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 hearing 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. 4, Division 5 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. 4,
Division 5, inclusive of the additional territory.
e
The assessment for the parcels within the
additional territory for Maintenance District No.
4, Division 5, shall be the total sum of $3190.93
for the 1994-1995 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.
The City Clerk is hereby directed to file annually
the statement required by Section 54900 et seq. of
the Government Code of the State 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.
........... oOo ...........
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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
JUN 29 ~J~ , by the following vote:
~YES: ¢04JNClLMEMBERS I~-DE~OTT, EDWARD~D~ffiA 81~ITH, I~UNNI, ROW~.~I,
NOES; COUNCILMEMBERS ~'*~ (.'~ -~., ~
ABSTAIN: COUNC LMEMBERS ~( %//~
,,ABSENT: COUNCILMEMBERS ,/:'~4 'V') -~ ' '
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
BOB PRI~E
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY J. SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MAINTENANCE DISTRICT NO. 4 DIVISION 5
LEGAL DESCRIPTION
(Formerly Maintenance District No. 26)
(OSWELL)
A PARCEL OF LAND SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 29 SOUTH, RANGE 28 EAST,
M.D.B. & M., MORE PARTICULARS DESCRIBED AS FOLLOWS:
Beginning at the Southwest corner of the said North half of the
Southwest quarter of Section 35, as shown in Tract No. 4919
recorded in Book 36 of Maps at Page 184, October 14, 1988 in the
office of the Kern County Recorder, the West line of said North
half of the Southwest quarter of Section 35 also being the center-
line of Oswell Street;
THENCE (1) N. 00°30'12" E., along said West line, a distance
of 659.35 feet, to the North line of the South half of the
North half of the Southwest quarter of Section 35, said North
line also being the centerline of Alloway Lane;
THENCE (2) N. 89°50'50" E., along said North line, a distance
of 993.25 feet, to the West line of the East half of the
Northeast quarter of the Northwest quarter of the Southwest
quarter of Section 35;
THENCE (3) N. 00'29'18" E., along said West line, a distance
of 659.44 feet to the North line of the Southwest quarter of
Section 35, said North line also being the centerline of
Virginia Avenue;
THENCE (4) N. 89°50'30" E., along said North line a distance
of 1655.07 feet to the East line of the Southwest quarter of
Section 35, said East line also being the centerline of
Sterling Road;
THENCE (5) S. 00'27'29" W., along said East line a distance of
1319.20 feet to the South line of the North half of the
Southwest quarter of Section 35;
THENCE (6) S. 89°51'10" W., along said South line a distance
of 2649.23 feet to the Northerly prolongation of Tract 5602 A;
THENCE (7) S. 00'43'43" W., along the East line a distance of
1289.13 feet to the South line of Tract 5602 A;
THENCE (8) N. 90°00'00" W., along the South line of Tract 5602
A and the prolongation thereof a distance of 1067.80 feet;
1
MAINTENANCE DISTRICT NO. 4 DIVISION 5
LEGAL DESCRIPTION
THENCE (9) N.
THENCE (10) S.
THENCE (11) N.
a distance of
00°00'00" E, a distance of 192.89 feet;
89°55'51" W., a distance of 250.01 feet;
00°30'12" E., along the East named centerline
1093.07 feet to the point of beginning.
2
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i w ~/¢ SEC. 35
(T 29 S. R. 28 E~
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~C~ ALLOWAY LANE
Iv,. ,? AND ASSESSMENT DIA~.. tAM
FOR
MAINTENANCE DISTRICT NO. 4
DIVISION 5
I { A !{ !': ~:-; I,'1 I,:l ,!I),
~-DISTRICT
MAGIC AVENUE
.... ,,~.... Cc OSWELL
:..2...~..~..;..;,.....~ .........~......~ ..............................~
~.J~AME]L£TON ~ HILLS LN I 1 ' i !
~,~ ~ - "/',,1',~,,',h ," o,,,~,,.~ ,' :~ ,,': ~
_ T ~ ......................L..... .......~...,,.:....~.. .......:
~ BRUNDAGE LANE
~sw SEC SS DARY~
T, 29 S',, R. 28 E, DISTRICT BOUN
LEGEND
~ ADDITIONAL TERRITORY
VIRGINIA AVENUE
~ DEACON AVE.ji' '
O
BOUNDARY ~
DISTRICT BOUNDARY -,
PARK DRIVE ~ ,i
I~1' DEE AVE
GALE $, ENSTAO
EXHIBIT 'B'
MAINTENANCE DISTRICT NO. 4, DIVISION 5
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed at the following rates:
For each assessable residential or non residential parcel the
assessment shall be the sum of (1) and (2) as defined below.
(1) shall equal 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 equal
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
1
EXHIBIT "C"
Equivalent Dwelling Units (EDU's) shall be calculated by use or
potential use per zoning as follows:
USE EDU REMARKS
Single Family (Detached) 1.0
Dwelling Unit
Undeveloped R-1 zoned 4/acre
5 acres or more.
Mobile Home in subdivision 1.0
(Own space)
Mobile Home in park 0.71
(Rent space)
Non Residential 6/acre
(including Churches)
Mixed Use
Rounded down to the
nearest whole number.
Rounded to nearest .01
Each calculated per
the above.
4/18/94
EXHIBIT "C"
2
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 4
DIVISION 5
ADDITION OF TERRITORY
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1994 - 1995
BUDGET
Gross Budget Amount Required
(Ci~ Staff $e~'ices or Contract,
Supplies, Materials, Utilities,
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$3,190.93
$0.00
I $3,190.93[
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. 4
DIVISION 5
ADDITION OF TERRITORY
FISCAL YEAR 1994 - 1995
Assessment Parcel No.
as shown on Map
Exhibit 'B'
Total
Assessment
143-160-38-00-0
143-271-01-00-1
143-271-02-00-4
143-271-03-00-7
143-271-04-00-0
143-271-05-00-3
143-271-06-00-6
143-271-07-00-9
143-271-38-00-2
143-271-09-00-5
143-271-10-00-7
143-271-11-00-0
143-271-12-00-3
143-271-13-00-6
143-271-14-00-9
143- 272-02 -00-1
143-272-03-00-4
143-272-04-00-7
143-273-01-00-5
143-273-02-00-8
143-273-03-00-1
143-273-04-00-4
143-273-05-00-7
143-273-06-00-0
143- 273 -07 -00-3
143-273-38-00-6
143-273-09-00-9
143-273-10-00-1
143-273-11-00-4
143-273-12-00-7
143-273-13-00-0
143-273-14-00-3
143-273-15-00-6
143-273-16-00-9
143-273-17-00-2
143-273-18-00-5
143-273-19-00-8
$1,820.09
$31.88
$31.88
$31.38
$31.88
$31.38
$31
$31
$31 .~
$31
$31.~
$31.~8
~1.88
$31.~
$31 .~
$31 .~
Page I
Assessment Parcel No.
as shown on Map
Exhibit
Total
Assessment
143-273-20-00-0
143-274-01-00-2
143-274-02-00-5
143-274-03-00-8
143-274.-04-00-1
143-274-05-00-4
143-274-06-00-7
$31.88
$31.88
$31.88
$31.88
$31.88
$31.88
$31.88
To~l
Dab:
City Clerk and Ex Officio Clerk of the
Council of the City of BaSrafield
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