HomeMy WebLinkAboutRES NO 86-93RESOLUTION NO. $ 6 - 9 3
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. 1, DIVISION 8, CONFIRMING THE
ASSESSMENT AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR
(RESOLUTION OF INTENTION NO. 1103, MAINTENANCE
DISTRICT NO. 1, DIVISION 8), (BRIMHALL & ALLEN)
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1103, adopted March 24, 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 8, as shown and designated on that
certain map entitled Map and Assessment Diagram for Maintenance District No. 1, Division
8, 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. 1103, fixed WEDNESDAY, JUNE
1, 1993, AT 5:15 P.M., as the time to hear public testimony regarding the addition of
territory to the district and proposed assessment and also set WEDNESDAY, JUNE 9, 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 11.04.170 of the Bakersfield
Municipal Code for publishing, posting and mailing notices of the hearing on proposed
Maintenance District No. 1, Division 8; 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 public testimony and 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.
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 8, 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 and elects to perform
maintenance and operation by City forces for such fiscal year.
3. That the assessment for Maintenance District No. 1, Division 8, shall be the
total sum of $17,382.60 for the 1993-1994 fiscal year.
4. 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.
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.
.......... 000 ..........
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 J~JN 0 9 ~3
, by the following vote:
AYES: COUNCILMEMBERS: EDWARDS~ DeMOND, SMITH, ERUNNI, FANE. ~ $ALVAGGIO
NOES: COUNCILMEMBERS ~ D Vl, ~-
ABSENT COUNCILMEMBERS' I(~,"~_.~' ~ 0 ~
ABSTAIN COUNCILMEMBERS' ~...[ t3 v'~ F
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JlJl~ 0 9 ~1~3
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
'ty of Bakersfield
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
5 28 93
ORIGINAL
LEGAL DESCRIPTION
MAINTENANCE DISTRICT NO.
DIVISION 8
ALL THAT PORTION OF LOTS 25-31 (INCLUSIVE) OF THE SALES MAP OF
LANDS OF J.B. HAGGIN LOCATED IN SECTION 25, TOWNSHIP 29 SOUTH,
RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE
OF CALIFORNIA, AS PER MAP DATED AUGUST 18, 1890 AND FILED IN THE
OFFICE OF THE KERN COUNTY RECORDER ON AUGUST 20, 1890, SAID LOTS
25-31 (INCLUSIVE) TO BE DEFINED AS EXTENDING TO THE WEST AND
SOUTH LINES OF SAID SECTION 25, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 25 AND SAID
SECTION, THENCE NORTH 00°43'17" EAST, ALONG THE WESTBilLY LINES OF
SAID LOT AND SAID SECTION, 1328.33 FEET TO THE NORTHWEST CORNER
OF SAID LOT 25; THENCE DEPARTING FROM SAID LINES, ALONG THE
NORTHERLY LINE OF SAID LOTS 25-31, THE FOLLOWING (5) FIVE
COURSES:
1) SOUTH 89°10'10" EAST, 509.33 FEET; THENCE
2) SOUTH 89°09'44" EAST, 1106.89 FEET; THENCE
3) SOUTH 89°10'27" EAST, 989.55 FEET; THENCE
4) SOUTH 89°09'58" EAST, 1319.99 FEET; THENCE
5) SOUTH 89°10'03" EAST, 659.95 FEET TO THE NORTHEAST
CORNER OF SAID LOT 31; THENCE SOUTH 00°48'24" WEST, ALONG THE
WESTERLY LINE OF SAID LOT, 1320.89 FEET TO THE SOUTHEAST CORNER
OF SAID LOT, SAID POINT ALSO BEING ON THE SOUTH LINE OF SAID
SECTION 25; THENCE ALONG THE SOUTHERLY LINE OF LOTS 25-31 AND
SAID SECTION, THE FOLLOWING (2) TWO COURSES:
1) NORTH 89°15'25" WEST,
CORNER; THENCE
2) NORTH 89°15'46" WEST,
BEGINNING.
1961.85 FEET TO THE SOUTH QUARTER
2621.88 FEET TO THE TRUE POINT OF
CONTAINING 139.41 ACRES.
EXHIBIT A
MAP AND ASSESSMENT DIAGRAM
FOR
MAINTENANCE DISTRICT NO. 1
DIVISION 8
BAKERSFIELD, CALIFORNIA
SEC. 25, 29/26
~ T~. 5489
~ kL~.~ ~ 2..~,/~ NOW:5',~O'W XX~ BRIMHALL ROAD~8~'~'~5"w
MAINTENANCE DISTRICT NO. 1, DIVISION 8
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) :
The number of EDU's for
The total number of EDU's
(2) = S x a
b
NOTE: (2) shall ecrual
undeveloped church parcel.
the parcel, and;
in the district.
zero dollars for any developed or
Equivalent Dwelling Units (EDU's) shall be calculated by use or
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
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"
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 1
DIVISION 8
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
$13,349.60
$0.00
$0.00
I $ 3,349.60l
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO.1
DIVISION 8
FISCAL YEAR 1993 - 1994
Assessment Parcel No.
as shown on Map
Exhibit "B":
406-450-11-00-1
406-631-01-00-1
406-631-02-00-4
406-631-03-00-7
406-631-04-00-0
406-631-05-00-3
406-631-06-00-6
406-631-07-00-9
406-631-08-00-2
406-631-09-00-5
406-631-10-00-7
406-631-11-00-0
406-631-12-00-3
406-631-13-00-6
406-631-14-00-9
406-631-15-00-2
406-632-01-00-8
406-632-02-00-1
406-632-03-00-4
406-632-04-00-7
406-632-05-00-0
406-632-06-00-3
406-633-01-00-5
406-633-02-00-8
406-633-03-00-1
406-633-04-00-4
406-633-05-00-7
406-633-06-00-0
406-633-07-00-3
406-633-08-00-6
406-633-09-00-9
406-633-10-00-1
406-633-12-00-7
406-641-01-00-4
406-641-02-00-7
406-641-03-00-0
Total
Assessment
$9,364.22
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
Assessment Parcel
as shown on MaD
Exhibit "B":
406-641-04-00-3
406-641-05-00-6
406-641-06-00-9
406-641-07-00-2
406-641-08-00-5
406-641-09-00-8
406-641-10-00-0
406-641-11-00-3
406-641-12-00-6
406-641-13-00-9
406-641-14-00-2
406-642-01-00-1
406-642-02-00-4
406-642-03-00-7
406-642-04-00-0
406-642-05-00-3
406-642-06-00-6
406-643-01-00-8
406-643-02-00-1
406-643-03-00-4
406-643-04-00-7
406-643-05-00-0
406-644-01-00-5
406-645-01-00-2
406-645-02-00-5
406-645-03-00-8
406-645-04-00-1
406-645-05-00-4
NO.
Total
Assessment
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
$ 63.26
DATE:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
Recording requested by and when
recorded mail 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 8, located in the City of Bakersfield, California.
The real property herein described is located within
Maintenance District No. 1, Division 8, 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 $150.00, 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-8
All signatures must be notarized.
ORIGINAL