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HomeMy WebLinkAboutRES NO 90-93 90-93 RESOLUTION NO. 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. 3, DIVISIONS 1 THROUGH 6. WHEREAS, the Report of the Public Works Director, including the 1993-94 budget for Maintenance District No. 3, Divisions 1 through 6, 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 considered and heard any and all protests which may have been filed against the amounts of the assessments or to the fairness of the benefit formula or formulae. 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. 3, Divisions 1 through 6 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 shall 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 ~ 9 1993. by the following vote: ~,'YES: COONCILM~,.BEP.~: EDWAROSr~OeMOND. ~.MI~-I. g~_. KANE. .,~ SALVAGGIO NOES: COUNCILMEMBERS ABSENT COUNCILMEMBERS: ABSTAIN COLINCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUN ~ 9 1~93 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield A:ESTABLS H~ANNUAL3.93 PUBLIC WORKS DIRECTOR'S REPORT City of Bakersfield Fiscal Year 1993-94 1 through 6 specifically Exhibit "B", as though fully set forth, Maintenance District No. Bakersfield. City of Bakersfield Maintenance District No. 3, Divisions are generally described in Exhibit "A" and are as shown on the Map and Assessment Diagram under attached hereto and incorporated herein by reference for the various areas of benefit within 3, a district within the City of parcels cost of medians and other public street improvements for Divisions 1, 2c, but are not limited to: Public 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 of property within the Divisions of the district for the maintaining and operating a public park, public street landscaping improvements. The 3, 4, 5 and 6 generally include, Street Landscaping Improvements consisting of; turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains and/or sprinkler systems. Divisions 1, 3, 4, 5 & 6 also include Public Street Median Improvements consisting of; plant forms, irrigation systems, conduits, water mains and/or sprinkler systems and ornamental planting, including turf, ground covers, and trees. Divisions 2a, 2b, 2c, 4, 6 also include Public Park shrubs, 5, and 1 ORIGINAL Improvements which consist of; turf, plants, shrubs, trees, irrigation system, conduits, water mains and/or sprinkler systems, play equipment, picnic tables, drinking fountains, barbecue pits, and security lighting. The improvements in this maintenance district are of a public nature. The assessment includes the cost of necessary repairs, replacements, water, equipment, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof. For many years, landscaping improvements traditional tax revenues. parks, street medians and other street in the City were maintained through 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 tax revenues, the City does not median or other public street from a source other than general permit new parks, 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 public parks, public street median and other public street landscaping improvements within the district. Maintenance District No. 3 has been specifically designated to address park maintenance and operation, and maintenance of public street median and other public street 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 some nonresidential development. Division 3; consists of nonresidential development. Division 4; consists of single-family homes, multi- family units and nonresidential development. Division 5 and 6; 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 open space enjoyment and the lot or parcel owners noise attenuation, esthetic enhancement, recreation. The benefits accrue to all within Maintenance District No. 3. 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. 3 is set forth in Exhibit "C" attached hereto and incorporated herein as though fully set forth. 3 Two new Divisions have been added to this District during the 1992-93 fiscal year. 4 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. 3, subject to be assessed to pay the cost of maintenance and operation in said district. Dated: ED W. SCHULZ PUBLIC WORKS DIRECTOR CITY OF BAKERSFIELD 5 EXHIBIT "A" City of Bakersfield Maintenance District No. 3 is described as a district within the City of Bakersfield, Kern, generally bounded by Pacheco Road on the north, the east, The City Limit on the south, and the City west. generally County of Freeway 99 on Limit on the Division 1 A Division of Maintenance District No. 3 within the City of Bakersfield generally bounded by a line 1/4 mile north of Harris Road on the north, Stine Road on the east, Panama Lane on the south, and the Arvin Edison Canal on the west. Division 2 A Division of Maintenance District No. 3 within the City of Bakersfield generally bounded by Pacheco Road on the north, Wible Road on the east, the Arvin Edison Canal Road on the west and including Tract No. Road and north of Panama Lane. on the south, and Stine 4060 lying east of Wible Division 3 A Division of Maintenance District No. 3 within the City of Bakersfield generally bounded by Pacheco Road on the north, Freeway 99 on the east and a line 1/4 mile south of Harris Road on the south and Wible Road on the west. Division 4 A Division of Maintenance District No. 3 within the City of Bakersfield generally bounded by the Southern Pacific Railroad on the north, the Arvin Edison Canal on the east, Panama Lane on the south and Gosford Road on the west. Division 5 A Division of Maintenance District No. 3 within the City of Bakersfield generally bounded by Hosking Avenue on the north, Wible Road on the east, McKee Road on the south and a line parallel to and 1320 feet west of wible Road on the west. Division 6 A Division of Maintenance District No. 3 within the City Bakersfield generally bounded by the Arvin-Edison Canal on north, wible Road on the east, the south line of Section 26, S., R. 27 E. on the south and Stine Road on the west. of the T. 30 MAINTENANCE DISTRICT NO. 3 DIVISION 1 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) MAP AND ASSESSMENT DIAGRAM i FOR m SCALE: I"= 500' PARCEL 1 DAY EXHIBIT 'b' MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 3 DIVISION 2A, 2B AND 2C BAKERSFIELD CALIFORNIA {AMENDMENT NUMBER 1) PACHECO ROAD / DISTRICT BOUNDARIP~S 2.% HARRIS 2A ROAD 2A -- PANAMA LANE ARVIN EDISON CANAL MAP AND ASSESSMENT DIAruHAM FOR MAINTENANCE DISTRICT NO. 3 DIVISION 3 BAKERSFIELD, CALIFORNIA ~^~, ,-- ,oo' (AMENDMENT NUMBER 1) ~w c~ ~ ~, m\z~ i ; PACHECO ROAD ~OTOR CENTER DRIVE I~-~ ~ HARRIS ROAD AUTO MALL MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 3 DIVISION 4 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) DAY GAL~ $, ENSTAD W W NOT A PART ./ A PARr (FUTURE) HARRIS ROA£ ASHE ROAD~. (FUTURE) '" NOT A PART DISTRICT BOUNDARY PANAMA LANE s/, ~ ~c, ~, r ~ ~, ,, ii ¢~:~ EXHIBIT "B' -~ -. ........ MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 3 DIVISION 4 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) GAI F S. ENSTAD COSFORD ROAD ~~UTUR / EXHIBIT "b' MAP AND ASSE,...,$MENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 3 DIVISION 4 BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) DETAIL "A" NOT A PAF~T DETAIL "C" EXHIBIT "B" MAP ANJ ASSESSMENT DIAGRAM i FOR MAINTENANCE DISTRICT NO. 3 DIVISION 5 ~ BAKERSFIELD, CALIFORNIA ~L~: ,'- ~o' HOSKINC AVE L MCKEE ROAD 152145' GALE 5, ENSTAD EXHIBIT "B" MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 3 DIVISION 6 BAKERSFIELD, CALIFORNIA EDISON LANE ///,--01STRICT BOUNDARY~ iLs[ ..... 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): The number of EDU's for the parcel, and; Divided by (b): The total number of EDU's in the district. (2) = S x a b NOTE: (2) shall equal zero dollars for any developed or undeveloped church parcel. (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 3, Division 6, 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 Agricultural Zone 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) Mobile Homes in parks (Rent Space) Mixed Use 1.0 1.0 4/acre i/acre 0.71/unit 0.71/unit 6/acre 0.71/unit Rounded down to the nearest whole number. Rounded down to the nearest whole number. Number of units shall equal the acreage multlpliedby12 rounded down to the nearest whole number. Rounded to nearest .01 Each calculated per the above. Newform.3 2/17/92 EXHIBIT "C" Page 2 of 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 3 DIVISION 1 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1993 - 1994 BUDGET Gross Budget Amount Required (c~ $t~f Se~ces o~ Contract, $upplle~, Materials, Utilities, a~d Overhead Costs) Estimated Beginning Fund Balance ! (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $27,849.35 $7,709.00 $6,200.37 $13,939.981 EXHIBIT "D" SHEET 1 OF 6 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 3 DIVISION 2 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, Materiels, Utilities, and Overhead Costs) Estimated Beginning Fund Balance ! (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $53,104.00 $3,794.00 $11,809.18 $37,5oo.821 EXHIBIT "D" SHEET 2 OF 6 EXHIBIT "D" MAINTENANCE DISTRICT NO. 3 DIVISION 3 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, end Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $10,642.90 $1,866.00 I $8,776.90[ EXHIBIT "D" SHEET 3 OF 6 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 3 DIVISION 4 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO, 1993 - 1994 BUDGET Gross Budget Amount Required (City Staff Services or Con~ract, Supplies, Materials, Utilities, and Overhead Co~ts) Estimated Beginning Fund Balance ! (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $238,333.65 $24,034.00 $44,434.83 $169,864.821 EXHIBIT "D" SHEET 4 OF 6 EXHIBIT 'D' 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 (C~ Staff Se~ices or Contract, Supplies, Materials, Utilities, end Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $10,061.80 $2,217.00 $0.00 $7,944.sol EXHIBIT "D" SHEET 5 OF 6 EXHIBIT "D" MAINTENANCE DISTRICT NO. 3 DIVISION 6 SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA ATTACHED HERETO. 1993 - 1994 BUDGET Gross Budget Amount Required (Cid/Staff Sen/ices o~ Contrect, Supplies, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance ! (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $6,583.10 ($1,864.00) $0.00 I $6,447-101 EXHIBIT "D" SHEET 6 OF 6 EXHIBIT "E" Maintenance District Assessments on file in the City Clerks Office.