HomeMy WebLinkAboutRES NO 224-92RESOLUTION NO.
A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 3,
DIVISION 6, CONFIRMING THE ASSESSMENT
AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE
KERN COUNTY TAX COLLECTOR (RESOLUTION OF INTENTION
NO. 1100, MAINTENANCE DISTRICT NO. 3,
DIVISION 6, (BERKSHIRE)
WHEREAS, the City Council of the City of Bakersfield,
State of California, heretofore by Resolution of Intention No.
1100, adopted November 18, 1992, 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. Said District shall be
designated Maintenance District No. 3, Division 6, as shown and
designated on that certain map entitled Map and Assessment Diagram
for Maintenance District No. 3, Division 6, 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, 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. 1100, fixed
WEDNESDAY, DECEMBER 9, 1992, 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 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. 3, Division 6; and said City
Council hereby finds that said notice has been given in the manner
required by law; and
WHEREAS, said hearing was duly held by said City Council
at said time and place for the hearing of all protests to said
proposed district and assessment; and
WHEREAS,
before the time
Council.
any written protests filed with the Clerk at or
set for said hearing were considered by said
WHEREAS, currently large portions of land within the
boundaries of the proposed district are undeveloped; and
ORIGINAL
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. 3, Division 6, 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. 3,
Division 6, shall be the total sum of $0.00 for the 1992-1993
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.
b. A City park is built within the boundaries of the
district.
....... 000 ..........
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the C't of Bakersfield at a regular
meeting thereof held on ~C 9 19~2 by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS, De~I, ONO. ~t,~ll~H, BRUNNI, PETERSON, McDERMOT'(, SALVAGGIO
NOES; COUNCILME'~F RS: ,~
ABSENT COUNCILMEMBEAS:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
MAYOR of the City of
Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of
Bakersfield
A:\establish\md3.6
12-4-92
ORIGfNAL
MAINTENANCE DISTRICT NO. 3 DIVISION 6
LEGAL DESCRIPTION
BEING A PORTION OF SECTION 26, T. 30S., R. 27E., M.D.B.& M., IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMI~ENCING AT THE NORTHEAST CORNER OF SECTION 26, T. 30S., R. 27E.,
AS SHOWN ON SURVEY INVESTIGATION AND PERPETUATION MAP RECORDED IN
BOOK 6 AT PAGE 27 IN THE OFFICE OF THE KERN COUNTY RECORDER SAID
CORNER ALSO BEING THE INTERSECTION OF PANAMA LANE AND WIBLE ROAD,
THENCE SOUTH 00'36'51" WEST A DISTANCE OF 1452.69 FEET TO INTERSECT
THE SOUTH RIGHT OF WAY LINE OF THE ARVIN EDISON CANAL, TO THE TRUE
POINT OF BEGINNING.
THENCE (1) S. 00'34'23" W., along said centerline of Wible Road,
a distance of 1251.66 feet;
THENCE
(2) S. 00'36'01"
2637.68 feet,
T30S, R27E;
W., along said centerline a distance of
to the Southeast corner of Section 26,
THENCE (3) N. 89'06'22" W., along the south line of said section
a distance of 2642.75 feet;
THENCE (4)
N. 89'06'22" W., along the south line of said section
a distance of 2643.14 feet to intersect the centerline
of Stine Road; also being the southwest corner of said
section;
THENCE (5) N. 00'35'01" E., along the centerline of Stine Road,
a distance of 2635.55 feet;
THENCE (6)
N. 00°34'22" E., along the centerline of Stine Road,
a distance of 1385.72 feet, to intersect the south
right of way of the Arvin Edison Canal;
THENCE (7) S. 89'08'16" E., along the last named south right of
way line of the Arvin Edison a distance of 2643.00
feet;
THENCE (8)
S. 89'08'16" E., along the last named line a distance
of 169.07 feet, to the beginning of a curve concave
southwesterly having a radius of 932.50;
THENCE (9) Southeasterly along said curve through a central angle
of 14'57'01"an arc length of 243.32 feet;
ORIGINAL
EXHIBIT A
THENCE (10)
THENCE (11)
THENCE (12)
S. 74'11'15" E. a distance of 259.55 to the beginning
of a curve concave northeasterly having a radius of
1067.50;
Southeasterly along said curve through a central angle
of 14'58'16"an arc length of 278.93 feet;
S. 89°08'16" E. a distance of 1708.15 to the true point
of beginning.
jas
EXHIBIT A
ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR
MAINTENANCE DISTRICT NO. 3
DIVISION 6
BAKeRSFIeLD, CALIFORNIA
EDISON
LANE
CANAL.
(FUTURE)
01STRICF BOUNDARY --¢ '~ SE CO..JR
EXHIBIT B
MAINTENANCE DISTRICT NO. 3, DIVISION 6
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 e~ual
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
ORIGINAL
In addition to paragraphs 1, 2, and 3 above, maintenance of any
park, street and parkway landscaping, including walls required for
or provided by any new developments within Maintenance District No.
3, Division 6 shall be paid for by the property owners within those
developments until such time as: a City park is built or
landscaping improvements are completely built out for the District.
Equivalent Dwelling Units (EDU's) shall be calculated by use or
potential use per zoning as follows:
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
4/acre
1/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.
md3.6
11/25/92
page 2 of
EXHIBIT
EXHIBIT 'D'
MAINTENANCE DISTRICT NO. 3
DIVISION 6
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1992 - 1993
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
$0.00
$0.00
$0.00
$o.ooI
ORIGINAL
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO.3
DIVISION 6
FISCAL YEAR 1992 1993
Assessment Parcel No.
373-030-31-00-8
373-030-32-00-1
373-030-38-00-9
373-030-46-00-2
373-030-56-00-1
373-030-60-00-2
373-030-62-00-8
373-040-01-00-4
373-040-04-00-3
373-040-07-00-2
373-040-09-00-8
373-040-10-01-9
373-040-12-00-6
373-040-14-00-2
373-040-20-00-9
373-040-21-00-2
373-040-23-00-8
373-040-24-00-1
373-040-25-00-4
373-040-26-00-7
373-040-27-00-0
373-040-28-00-3
373-040-29-00-6
373-040-30-00-8
373-040-31-00-1
373-040-33-00-7
373-040-34-00-0
373-040-35-00-3
373-040-36-00-6
373-040-43-00-6
373-311~01-00-9
373-311-02-00-2
373-311-03-00-5
373-311-04-00-8
373-311-05-00-1
373-311-06-00-4
373-311-07-00-7
373-311-08-00-0
Total
Assessment
00 00
00 00
00 00
00 00
00 00
00 00
00 00
00 00
O0 O0
O0 00
00 00
00 00
00 00
00 00
00 00
O0 00
O0 00
00 00
O0 00
O0 00
O0 O0
O0 00
00 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0.00
O0.00
O0.00
00.00
00.00
00.00
OFIIG!NAL
Assessment Parcel No.
373-311-09-00-3
373-311-10-00-5
373-311-11-00-8
373-311-12-00-1
373-311-13-00-4
373-311-14-00-7
373-311-15-00-0
373-311-16-00-3
373-311-17-00-6
373-311-18-00-9
373-311-19-00-2
373-311-20-00-4
373-311-21-00-7
373-311-22-00-0
373-311-23-00-3
373-311-24-00-6
373-311-25-00-9
373-311-26-00-2
373-311-27-00-5
373-311-28-00-8
373-311-29-00-1
373-311-30-00-3
373-311-31-00-6
373-311-32-00-9
373-312-01-00-6
373-312-02-00-9
373-312-03-00-2
373-312-04-00-5
373-312-05-00-8
373-313-01-00-3
373-313-02-00-6
373-313-03-00-9
373-313-04-00-2
373-313-05-00-5
373-313-06-00-8
373-313-07-00-1
373-313-08-00-4
373-313-09-00-7
DATE:
Total
Assessment
00 00
00 00
00 00
00 00
00 00
00 00
00 00
00 00
O0 00
00 00
O0 00
O0 00
O0 00
O0 O0
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
O0 00
00.00
O0.00
O0.00
O0.00
O0.00
00.00
00.00
O0.00
O0.00
Council of the City of Bakersfield
ORIGINAL