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Home My WebLink AboutRES NO 191-93RESOLUTION NO. ~1 9 :[ - 9 3 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 1, DIVISION 9, CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (RESOLUTION OF INTENTION NO. 1109, MAINTENANCE DISTRICT NO. 1, DMSION 9), (BRIMHALL & VERDUGO). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1109, adopted October 6, 1993, declared its intention to order the establishment of a maintenance district, confirmed and approved the Public Works Director's Report; set 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, Division 9, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 1, Division 9, 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; 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, Resolution of Intention No. 1109, fixed WEDNESDAY, DECEMBER 1, 1993, AT 7:00 P.M., as the time to hear public testimony regarding the formation of the proposed district and also set WEDNESDAY, DECEMBER 15, 1993, AT 7:00 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests or objections to the proposed district and 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 proposed Maintenance District No. 1, Division 9; 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 district and assessment; and WHEREAS, any written protests filed with the Clerk at or before the time set for said protest hearing were considered by said Council. ORIGINAL 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 the Council so finds and determines. 2. The Council hereby establishes Maintenance District No. 1, Division 9, 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. 3. That the assessment for Maintenance District No. 1, Division 9, shall be the total sum of $ 0.00 for the 1993-1994 fiscal year. 4. The City Clerk is hereby directed to file annually the statement required by Section $4900 et seq. of the Government Code of the State of California with the County Assessor and with the State Board of Equalization in Sacramento, and the Kern County Tax Collector is hereby authorized to collect such assessments. 5. The Public Works Director is hereby directed hereafter to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement on the County tax rolls for the applicable fiscal period. Upon filing of the Report, the Clerk shall set the Report for hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on D£C ! ~ 1~ , by the following vote: · ~¥E$: COUNCILMEMBERS McDERMOTF, EDWARDS, DeldOflD, SMITH, BRUNNI, ROWLES, SALVAGGIO NOES: COUNCILMEMBERS /~Orl · ~STAIN: COUNCILMEMBERS Jr~NT; COUNCILMEMBER~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: DEC 1 5 1~3. BOB PR~~// MAYOR of the City of Bakersfield APPROVED as to form: . ACING CITY ~kTTORNEY of the City of Bakersfield Attachments Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" 11-10-93 ORIGJ~,~L EXHIBIT "A" MAINTENANCE DISTRICT NO. i DIVISION 9 LEGAL DESCRIPTION A parcel of land situated in the County of Kern, State of California, being a portion of Section 31, Township 29 South, Range 27 East, M.D.B. & M., more particularly described as follows: Beginning at the northwest corner of said Section 31 as said Section is shown on "Survey investigation and perpetuation map" filed in Map Book 6, Page 46 in the office of the County Surveyor of the County of Kern; THENCE (1) South 89'06'55" East, along the north line of said Section also being the centerline of Brimhall Road, a distance of 2659.72 feet; THENCE (2) South 89'06'37" East, along last named centerline a distance of 2040.29 feet; THENCE (3) South 00'43'22" West, 1320.00 feet; THENCE (4) South 89'06'37" East, 660.00 feet to a point on the east line of said Section 31; THENCE (5) South 00'43'22" West, along the east line of said Section, a distance of 1441.96 feet to intersect the North right of way line of the Cross Valley Canal; THENCE (6) following along various courses of the last named north right of way line of the Cross Valley Canal, to intersect a point on the west line of the last named Section 31; THENCE (7) North 00'17'54" East, along said west Section line a distance of 2379.93 feet; THENCE (8) North 00'17'44" East, along said west section line a distance of 2640.53 feet to the true point of beginning. O:MD]-9 JS:wrn:lh 1 EXHIBIT "A" M/-,. AND ASSESSMENT DIAG..AM FOR MAINTENANCE DISTRICT NO. 1 DIVISION 9 BAKERSFIELD, CALIFORNIA COUNTY KERN RIVER FRFFWAY AI IGNMFNT .~ D~STRICT BOUNDARY C2 S89~)8'04"E CURVE I R~nZUS I LENGTH [TANGENll DELTA I T29R27 3132 6§ T30Ra? SEC. EXHIBIT "B" MAINTENANCE DISTRICT NO. 1, DIVISION 9 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 o~eratlon of the M~DIAN LANDSCAPING (M) within the district, adjusted for Drior 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 oDeration of the STREET LANDSCAPING and WALLS (S) within the district, adjusted for Drior year fund balance or deficit; Multiplied by (a): Divided by (b): NOTE: (2) shall undeveloped church Darcel. 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 Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU R~F~RKS 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 3/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 multiplied by12 rounded down to the nearest whole number. Rounded to nearest .01 Each calculated per the above. EXHIBIT "C" 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 1 DIVISION 9 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1993 - 1994 BUDGET Gross Budget Amount Required (City Staff Se~,ices or Contract, Supplie~, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 $0.00i EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO.1 DIVISION 9 FISCAL YEAR 1993 - 1994 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 369-010-02-00-7 369-010-03-00-0 369-010-05-00-9 369-010-06-00-9 369-020-09-00-1 369-020-11-00-6 Total Date: /~,~-/,~'-- ~.,~ $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" Page1 Recording requested by and when recorded mall to= City of Bakersfield DeDartment of Public Works 1501 Truxtun Avenue Bakersfield, California 93301 Tract No. Lot No. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 199__, by (hereinafter, "Owner"), in connection with the formation of Maintenance District No. 1, Division 9, located in the City of Bakersfield, California. The real property herein described is located within Maintenance District No. 1, Division 9, and may be assessed for maintenance of public landscaping improvements on public rights-of- way within the district. Although this property may have been assessed a lesser amount in the present tax year, the estimated maximum annual assessment for maintenance of public landscaping improvements within this district/division is $100.00, based on 1993 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Property description: Dated this Owner(s): day of 199__. City of Bakersfield: By: Public Works Director NOTE: PW-DS P:~covenant\l-9 All signatures must be notarized.