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Home My WebLink AboutRES NO 79-93RESOLUTION NO. 7~-93 A RESOLUTION ADDING TERRITORY TO EXISTING MAINTENANCE DISTRICT NO. 1, DIVISION 5, CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (RESOLUTION OF INTENTION NO. 1101) (CALLOWAY & MEACHAM) WHEREAS, The City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1101, adopted December 9, 1992, declared its intention, pursuant to Chapter 13.04 of the Bakersfield Municipal Code, to add territory to existing Maintenance District No. 1, Division 5, as shown and designated on that certain map entitled Amended Map and Assessment Diagram for Maintenance District No. 1, Division 5, City of Bakersfield, California, for fiscal year 1992-1993 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the City Council by Resolution of Intention No. 1101 referred said addition of territory of district to the Public Works Director of the City and directed him to make and file with the City Clerk a Report in writing; 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, amended district boundaries and proposed assessments; and WHEREAS, the City Council by Resolution of Intention No. 1101 confirmed and approved the Public Works Director's Report and fixed WEDNESDAY, JANUARY 6, 1993, AT 7:00 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, City Hall, Bakersfield, California, as the time and place for hearing protests or objections to the proposed addition of territory to the district and proposed assessment, and provided for Notice of said hearing in accordance with law; and WHEREAS, The City Council referred this Resolution to the Urban Development Committee for action and said committee was satisfied with a new covenant regarding disclosure to homeowners and new language for Resolutions of Intention and Public Works Directors Reports as submitted by staff. 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 the proposed addition of territoE/to Maintenance District No. 1, Division 5; and said City Council hereby finds that said notice has been given in the manner required by law; and WHEREAS, the above hearing was duly held by the City Council at the time and place for the hearing of all protests to the proposed addition of territory to the district and assessment; and ~ ~4~ 1 ORiGiNAL WHEREAS, any written protests filed with the Clerk at or before the time set for said hearing were considered by said Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: The foregoing recitals are true and correct and the Council so finds and determines. The Council hereby adds territory to Maintenance District No. 1, Division 5 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. That the assessment for the parcels within the additional territory for Maintenance District No. 1, Division 5, shall be the total sum of $4,069.00 for the 1992-1993 fiscal year. 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. 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. .......... O00 .......... 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 JBN ~ 9 ~ , by the following vote: AYES: COUNCILMEMBER~,: EDWARDS, DeMOND, SMITH, BRUNNI, KANE, McDERMOTT SALVAGGIO NOES: COUNCILME,%~BERS ABSENT COUNCILME b16E~'tS ABSTAIN COLIN CIL.,',,IE M EE RS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: ,)BB % $ ~ MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI , C/, / CITY A~-FORNEY of the City of Bal~"~field / Attachments Exhibit "A" Exhibit "B" Exhibit "C" 3 ORiGiNAL MAINTENANCE DISTRICT NO. 1 DIVISION 5 LEGAL DESCRIPTION (Formerly Maintenance District No. 29) BEING A PORTION OF SECTION 19, T. 29S., R. 27E., M.D.B.& M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, T. 29S., R. 27E., AS SHOWN ON MAP OF TRACT 5068-C RECORDED IN MAP BOOK 38 AT PAGE 188 IN THE OFFICE OF THE KERN COUNTY RECORDER SAID CORNER ALSO BEING THE INTERSECTION OF HAGEMAN ROAD AND CALLOWAY DRIVE, TO THE TRUE POINT OF BEGINNING. THENCE (1) S. 00'28'15" W., along the centerline of Calloway Drive, a distance of 2670.30 feet, to a point being the Southeast 1/4 corner of Section 19, T. 29S., R. 27E.; THENCE (2) N. 89°39'37" W., along the centerline of Meacham Road a distance of 1339.07 feet, to a point being the Southwest corner of Tract 5504; THENCE (3) N. 00'34'29" E., a distance of 2662.42 feet to intersect the centerline of Hageman Road; THENCE (4) S. 89'54'59" E., along the centerline of Hageman Road, a distance of 1334.27 feet; to the true point of beginning. EXHIBIT A AMENDED ASSESSMENT L)IAGRAM FOR MAINTENANCE DISTRICT NO. 1 DIVISION 5 BAKERSFIELD, CALIFORNIA (FORMERLY MAINTENANCE DISTRICT NO. 29) LEGEND EXHIBIT B MAINTENANCE DISTRICT NO. 1, DIVISION 5 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 themalntenance 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 e~ual undeveloped church parcel. The number of EDU's for the parcel, and; The total number of EDU's in the district. (2) = ~ 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 REMARK~ 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 4/acre i/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 multipliedby12 rounded down to the nearest whole number. Rounded to nearest .01 Each calculated per the above. EXHIBIT "C" P:\maindist\formulas\mdl.5 3/31/93 ORIGINAL Recording requested by and when recorded mail to: City of Bakersfield Department 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 5, located in the City of Bakersfield, California. The real property herein described is located within Maintenance District No. 1, Division 5, 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 $125.00, 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: Public Works Director NOTE: All signatures must be notarized. PW-DS P: \MA~ND[ST .COV- -2/23/93