HomeMy WebLinkAboutRES NO 46-93RESOLUTION NO.
A P, ESOLUTION ESTABLISHINO MAINTENANCE DISTRICT NO.
DIVISION 3, CONFIRMINO THE ASSESSMENT
AND AUTHORIZINO COLLECTION OF ASSESSMENTS BY THE
KERN COUNTY TAX COLLECTOR (RESOLUTION OF INTENTION
NO. 1104, MAINTENANCE DISTRICT NO. 5,
DIVISION 3), (HOSKINO & SO. "H")
WHEREAS, the City Council of the City of Bakersfield,
State of California, heretofore by Resolution of Intention No.
1104, adopted March 3, 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. 5, Division
3, as shown and designated on that certain map entitled Map and
Assessment Diagram for Maintenance District No. 5, Division 3, 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, said Public Works Director duly filed with said
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. ].104, fixed
WEDNESDAY, APRIL 14, 1993, AT 7:00 P.M., as the time to hear
public testimony regarding the formation of the proposed district
and also set WEDNESDAY, APRIL 28, 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. 5, Division 3; and said City
Council hereby finds that said notice has been given in the manner
required by law; and
WHEREAS, said hearings were duly held by said City
Council at said time and place for the hearing of public testimony
and all protests to said proposed district and assessment; and
WHEREAS,
before the time
said Council.
any written protests filed with the Clerk at or
set for said protest hearing were considered by
ORIGINAL
WHEREAS, currently large portions of land within the
boundaries of the proposed district are undeveloped; and
WHEREAS, assessing these undeveloped portions for
landscaping improvements in the improved areas of the district
would be unfair.
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. 5, Division 3, 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. 5,
Division 3, shall be the total sum of $3,255.45 for the 1993-1994
fiscal year.
4. The City Clerk is hereby directed to file annually the
statement required by Section 54900 et seq. of the Government Code
of the State of California with the County Assessor and with the
State Board of Equalization in Sacramento, and the Kern County Tax
Collector is hereby authorized to collect such assessments.
5. The Public Works Director is hereby directed hereafter
to prepare an Annual Report, as provided in Chapter 13.04 of the
Bakersfield Municipal Code, and file it with the City Clerk within
the time allowed for placement on the County tax rolls for the
applicable fiscal period. Upon filing of the Report, the Clerk
shall set the Report for hearing before the City Council and give
Notice of Hearing in the manner prescribed in Chapter 13.04 of said
Code.
6. At such time any assessments are levied, costs will
not be spread over the undeveloped portions of the district until
such time as:
a. Landscaping improvements are required adjacent to or
within that parcel.
Do
A City park is built within the boundaries of the
district.
.......... 000 ..........
0 ;G~AL
T HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on APR 2 8 1~% , by the
following vote: AYES: CC~NCEMEM~ER$: E~,DeMOND.$MITH, BRUNNI. KANE, MdgERMOT? ~VA~
N~E8: COUNG~LM~MSE~S ~ ~
A~TAIN ~NCIL~M~RS' ~0 ~ ~
CITY C~.ERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APR Z$
APPROVED:
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
A:\establish\MD3-5
3 30-93
ORIG;NAL
MAINTENANCE DISTRICT NO. 5 DIVISION 3
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF
KERN, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 30, TOWNSHIP
30 SOUTH, RANGE 28 EAST, M.D.B.& M., MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT MAP 5001, AS RECORDED
IN MAP BOOK 39, PAGE 179 IN THE OFFICE OF THE KERN COUNTY RECORDER,
SAID CORNER ALSO BEING ON THE CENTER LINE OF HOSKING AVENUE, THENCE
NORTH 89'30'34" WEST ALONG LAST NAMED CENTER LINE A DISTANCE OF
160.00 FEET TO INTERSECT A POINT BEING THE SOUTHWEST CORNER OF
SECTION 30, TOWNSHIP 30 SOUTH, RANGE 28 EAST, SAID POINT ALSO BEING
THE TRUE POINT OF BEGINNING.
THENCE (1) N. 00'36'55" E., along the west line of Section 30 a
distance of 2643.69 feet to intersect the center line of Berkshire
Road;
THENCE (2) S. 89'30'34" E., along said center line of Berkshire
Road, said center line also being the mid-section line, a distance
of 3446.12 feet;
THENCE (3) S. 00'35'34" W., a distance of 1323.69 feet;
THENCE (4) N. 89'30'31" W., a distance of 660.00 feet;
THENCE (5) S. 00'35'34" W., a distance of 1320.00 feet to
intersect the south line of Section 30, said south line also being
the center line of Hosking Road;
THENCE (6) N. 89'30'31" W., along the last named Section line a
distance of 1319.99 feet;
THENCE (7) N. 89'30'34" W., along the last named Section line a
distance of 2787.17 feet to the true point of beginning.
EXHIBIT A
ORIgiNAL
MAP AND ASSESSMENT DIAGRAM
FOR
MAINTENANCE DISTRICT NO. 5
DIVISION 3
BAKERSFIELD, CALIFORNIA
PANAMA LANE
AR~IN EDISON
CANAL
SEC. ~, i30/R26m~(FUTURE)
C~ NOSKING AVENUE
ORIGINAL
EXHIBIT B
MAINTENANCE DISTRICT NO. 5, DIVISION 3
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
OFIIGiNAL
Equivalent Dwelling Units (EDU's) shall be calculated by use or
potential use per zoning as follows:
~E 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
i/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
multiplied by12 rounded
down to the nearest
whole number.
Rounded to nearest o01
Each calculated per
the above.
P:/MAINDIST\FORMULAS\MD5-3.PMS
2/17/92
EXHIBIT "C"
Page 2 of 2
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 5
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,
and Overhead Costs)
Estimated Beginning Fund Balance / (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$2,811.45
($~?. ~..oo)
$o.oo
$3,255.45
OR~G~L
EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. 5
DIVISION 3
FISCAL YEAR 1993 - 1994
Assessment Parcel No.
as shown on Map
Exhibit "B":
176-100-01-00-4
176-100-02-00-7
176-100-04-00-3
176-100-12-00-6
176-100-21-00-2
176-100-23-00-8
176-100-24-00-1
176-100-25-00-4
176-100-26-00-7
176-100-32-00-4
176-100-43-00-6
176-100-45-00-2
.176-100-46-00-5
176-100-47-00-8
176-100-48-00-1
176-100-51-00-9
176-621-01-00-2
176-621-02-00-5
176-621-03-00-8
176-621-04-00-1
176-621-05-00-4
176-621-06-00-7
176-621-07-00-0
176-621-08-00-3
176-621-09-00-6
176-622-01-00-9
176-622-02-00-2
176-622-03-00-5
176-622-04-00-8
176-622-05-00-1
176-622-06-00-4
176-622-07-00-7
176-623-01-00-6
176-623-02-00-9
176-623-03-00-2
176-623-04-00-5
176-623-05-00-8
Total
Assessment
$ 00.00
$ 00.00
$ 00.00
$ O0. O0
$ O0.00
$ O0.00
$ 00.00
$ O0. O0
$ 00.00
$ 00.00
$ 00.00
$ 00.00
$ O0 .o0
$ O0 .oo
$ 00 00
$ oo o0
$ 44 25
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 6(I
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 66'
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
OR G~L
Assessment Parcel No.
as shown on Mam
Exhibit "B":
176-623-06-00-1
176-623-07-00-4
176-623-08-00-7
176-623-09-00-0
176-623-10-00-2
176-623-11-00-5
176-623-12-00-8
176-623-13-00-1
176-623-14-00-4
176-624-01-00-3
176-624-02-00-6
176-624-03-00-9
176-624-04-00-2
176-624-05-00-5
176-624-06-00-8
176-624-07-00-1
176-631-01-00-5
176-631-02-00-8
176-631-03-00-1
176-631-04-00-4
176-631-05-00-7
176-631-06-00-0
176-631-07-00-3
176-631-08-00-6
176-631-09-00-9
176-631-10-00-1
176-631-11-00-4
176-631-12-00-7
176-631-13-00-0
176-632-01-00-2
176-632-02-00-5
176-632-03-00-8
176-632-04-00-1
176-633-01-00-9
176-633-02-00-2
176-633-03-00-5
176-633-04-00-8
176-633-05-00-1
176-633-06-00-4
176-633-07-00-7
176-633-08-00-0
176-633-09-00-3
176-633-10-00-5
176-633-11-00-8
176-633-12-00-1
176-633-13-00-4
176-633-14-00-7
2
Total
Assessment
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44.60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
Assessment Parcel No.
as shown on
Exhibit "B":
176-634-01-00-6
176-634-02-00-9
176-634-03-00-2
176-634-04-00-5
176-634-05-00-8
176-634-06-00-1
176-634-07-00-4
Total
Assessment
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
$ 44 60
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
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. 5, Division 3, located in the City of Bakersfield, California.
The real property herein described is located within
Maintenance District No. 5, Division 3, 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 $185.00 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
day of
, 199__.
Owner(s):
City of Bakersfield:
By:
Public Works Director
NOTE: All signatures must be notarized.