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HomeMy WebLinkAboutRES NO 92-93RESOLUTION NO.'" 9 2 - 9 3 A RESOLUTION APPROVING AND ADOPTING THE 1993-94 BUDGET AND PUBLIC WORKS DIRECTOR'S REPORT LEVYING ASSESSMENTS AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR FOR MAINTENANCE DISTRICT NO. 5, DIVISIONS 1 AND 2. WHEREAS, the Report of the Public Works Director, including the 1993-94 budget for Maintenance District No. 5, Divisions 1 and 2, complying with the provisions of Section 13.04.130 of the Bakersfield Municipal Code, having heretofore been filed with the City Clerk as required by Section 13.04.130 of that Code, and the requirements of Section 13.04.140 and 13.04.160 having been met, the City Council has this date held a noticed public hearing as required by Sections 13.04.210 and 13.04.220 of the Bakersfield Municipal Code; and WHEREAS, the City Council has considered the Report of the Public Works Director, including the aforementioned budget, and has consideredhind heard any and all protests which may have been filed against the amounts of the as/se~sments or to the fairness of the benefit formula or formulae. J~ NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are found to be true and correct. 2. The Report of the Public Works Director, attached hereto, including the 1993-94 budget for Maintenance District No. 5, Divisions i and 2 and the assessments therein contained, is hereby approved, such budget is hereby adopted and such assessments are hereby levied. 3. The reservation of the right to perform maintenance work by City forces or by private contractor is hereby made. 4. The City Clerk shah transmit the assessments levied herein to the Director of Public Works with instructions to submit said list to the Kern County Auditor-Controller and Tax Collector, and such other County officers as may be required, for placement of such assessments on the secured roll of the County and request that said assessments be collected in the same manner as ad valorem property taxes. 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 , by the following vote: AYES: COUNCILMEMBERS: EDWAROS, OeMOND, SMITH, Bi~INNf. KANE, ~ SALVAGGIO NOES: COUNCILMEMBERS ABSENT COUNCILMEMBERS: ABSTAIN COUNCILMEMBERS, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUN {~ ~, '~5~% MAYOR of the City of Bakersfield OVED as to forra: CITY ATI~ORNEY of the City of Bakersfield ORiGiNAL PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 5 City of Bakersfield Fiscal Year 1993-94 City of Bakersfield Maintenance District NO. 5, Divisions 1, 2 and 3 are generally described in Exhibit "A" and are specifically as shown on the Map and Assessment Diagram under Exhibit "B", attached hereto and incorporated herein by reference as though fully set forth, for the various areas of benefit within Maintenance District No. 5, 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 Divisions of the district for the cost of maintaining and operating a public park, public street medians and other public street landscaping improvements. The improvements for Divisions 1, 2 and 3 generally include, but are not limited to: Public Street LandscaDing ImDrovements consisting of; turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains and/or sprinkler systems. Division 1 and 3 also includes Public Street Median ImDrovements consisting of; plant forms, irrigation systems, conduits, water mains and/or sprinkler systems and ornamental planting, including turf, shrubs, ground covers, and trees. Division 2 and 3 also includes Public turf, plants, shrubs, trees, Park Improvements which consist of; 1 ORIGINAL irrigation system, play equipment, picnic tables, and security lighting. The improvements in public nature. The assessment repairs, replacements, supervision and any and conduits, water mains and/or sprinkler systems, drinking fountains, barbecue pits, this maintenance district includes the cost of are of a necessary water, equipment, electricity, care, all other items necessary for the proper maintenance and operation thereof. For many years, parks, street median and other street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of local public improvements were substantially reduced. At present the City's budget does not allow for maintenance and operation of local public improvements of the type described above. Thus, absent funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new parks, public street median or other public street landscaping improvements to be constructed within the City. The funds generated as the result of this district are utilized strictly for the purposes of and applied to the maintenance and upkeep of a public park, public street median and other public street landscaping improvements within the district. Maintenance District No. 5 has been specifically designated to address park maintenance and operation, and maintenance of public street median and other public street ORIGINAL landscaping improvements and all parcels within the district are affected. The land uses for all Divisions within the district are as follows: Division 1; consists of single-family homes, multi- family units and nonresidential development. Division 2; consists of single-family homes, mobile homes, multi-family units and nonresidential development. Division 3; consists of single-family homes and nonresidential development. The area within the boundaries of each Division receives the greatest benefit from the improvements and maintenance thereof. Sensory benefits from installing street landscaping, walls, fences and parks, include some noise attenuation, esthetic enhancement, open space enjoyment and recreation. The benefits accrue to all the lot or parcel owners within Maintenance District No. 5. The benefits of the street landscaping, inure to all lots or parcels uniformly, and are assessed on a per dwelling unit or Equivalent Dwelling Unit basis. Park use and enjoyment is likely to be most directly susceptible of enjoyment by each resident. These benefits are, therefore, uniformly assessed on a dwelling unit or Equivalent Dwelling Unit basis. No assessment for park benefits are made on the nonresidential lots and/or parcels in the district. The benefit formula for Maintenance District No. 5 is set forth in Exhibit "C'~ attached hereto and incorporated herein as though fully set forth. One new Division has been added to the District during the 1992-93 fiscal year. NOW, THEREFORE, I, ED W. SCHULZ, Public Works Director 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 1993-94 Budget as set forth in Exhibit "D" and Assessment Roll as set forth in Exhibit "E", attached hereto and incorporated herein as though fully set forth, upon all parcels of property within all Divisions of Maintenance District No. 5, subject to be assessed to pay the cost of maintenance and operation in said district. Dated: EXHIBIT "A" City of Bakersfield Maintenance District No. 5 is described as a district within the City of Bakersfield, Kern, generally bounded by Brundage Lane on the north, Limit on the east, the west. generally County of the City the City Limit on the south, and Freeway 99 on Division 1 A Division of Maintenance District No. 5 within the City of Bakersfield generally bounded by White Lane on the North, South "H" Street on the east, Pacheco Road on the south, and Hughes Lane on the west. Division 2 A Division of Maintenance District No. 5 within the City of Bakersfield generally bounded by a PG&E tower line/greenbelt 600 feet north of Pacheco Road on the north, Union Avenue on the east, the Arvin-Edison Canal on the south and South "H" Street on the west. Division 3 A Division of Maintenance District No. 5 within the City of Bakersfield generally bounded by Berkshire Road on the north, City limit on the east, Hosking Avenue on the south and south "H" Street on the west. P: \$aindist \md- pwd. rpt \ 93dist5 6 MAP AND ASSESSMENT DIA,,~RAM FOR MAINTENANCE DISTRICT NO. 5 DIVISION 1 t3AKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) PARCEL 1 PARCEL 5 II % II 'C_ RACHECO ROAD DAY EXHIBIT 'B' (5) (7) MAINTENANCE DISTRICT NO. 5 DIVISION 2 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMJ3ER 1) AND ASSESSMENT DIAC ,AM FOR SCALE: 1'= 500 ~ PACHECO ROAD FAIRVIEW ROAD NE COR SEC 19 POB. T 305 R. 28E (4) PANAMA LANE ~: (3) SE COR SEC lB GAlE S. ENSTAD EXHIBIT 'B" MAINTENANCE DISTRICT NO. 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 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 (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 Note: In Maintenance District 5, Division 3, only those parcels within recently developed subdivisions will be assessed for medians and street landscaping. Park assessments will be assessed to ALL parcels within the District when a park is developed. 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 Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Non Residential (including Churches) Mixed Use 1.0 4/acre 1 / acre 0.71/unit 0.71/unit 0.71/unit 1.00/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. newform.5 2/17/92 EXHIBIT "C" Page 2 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 5 DIVISION I 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. Ut[l~es. and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $6.307.95 ($95e.oo) $o.oo EXHIBIT "D" SHEET 1 OF 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 5 DIVISION 2 SAID ASSESSMENT IS MADE IN ACCORD,N~CE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1993 - 1994 BUDGET Gross Budget Amount Required (City Staff Service~ or Contract, Supplies. Materials, Utilities, end Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $51,208.40 $1,982.00 $12,415.59 $36,810.811 EXHIBIT "D" SHEET 2 OF 2 ,EXHIBIT "E" Maintenance District Assessments on file in the City Clerks Office.