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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