HomeMy WebLinkAboutRES NO 138-92RESOLUTION NO. 138-92
A RESOLUTION PRELIMINARY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT; SETTING THE BOUNDARIES OF THE PROPOSED
DISTRICT; THE FAIRNESS OF THE BENEFIT FOP. MULA;
THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL AND THE RESERVATION OF RIGHT TO
PERFORM WORK BY CITY FORCES (RESOLUTION OF
INTENTION NO. 1094, MAINTENANCE DISTRICT NO. 3
DIVISION 5, McKEE ROAD).
W~EREAS, the Council of the City of Bakersfield, State
of California, heretofore adopted on July 15, 1992, its Resolution
of Intention No. 1094, declaring its intention to establish
Maintenance District No. 3, Division 5, to set the time and place
for hearing protests to the proposed district and to assess the
cost of maintaining certain local improvements upon the real
property within said district, in accordance with Chapter 13.04 of
Title 13 of the Municipal Code of the City of Bakersfield; and
WHEREAS, said Council in and by said Resolution of
Intention No. 1094 referred said proposed district and assessment
to the Public Works Director, City of Bakersfield, and directed
said Public Works Director to annually prepare and file with the
Clerk, a Report containing the matters specified in Section
13.04.130 and 13.04.140 of said Chapter 13.04 of the Municipal Code
of the City of Bakersfield; and
WHEREAS, said Public Works Director has on this date
filed with the Clerk of said Council his Report, in writing,
containing said matters, including the following:
a description of each parcel of property in the
proposed maintenance district, attached hereto as
Exhibit "A' and incorporated as though fully set
forth;
(b)
the improvements to be maintained by this district
specifically are various items included in
Landscape Plans within the boundaries as shown on
Map and Assessment Diagram for Maintenance District
No. 3, Division 5, Exhibit "B," on file in the
offices of the City Clerk and Public Works Director
of the City. All such improvements will be
constructed only after plans therefore have been
filed with and approved by the City Engineer;
(c)
the Benefit Formula previously set forth as Exhibit
"C" to Resolution of Intention No. 1094;
OR;G',NAL
(d)
a Budget, Exhibit "D," containing the matters
specified in Section 13.04.130 of the Bakersfield
Municipal Code; and
(e)
the amount of assessment to be levied against each
parcel, attached hereto as Exhibit "E" and
incorporated as though fully set forth; and
WHEREAS, said Public Works Director's Report has been
duly presented by said City Clerk for consideration and has been
fully considered by the Council.
NOW THEREFORE, BE IT RESOLVED and directed as follows:
1. Said Public Works Director's Report, including the
analysis, findings and conclusions set forth therein, the budget,
benefit formula, descriptions of property, descriptions of the
improvements to be maintained by the district, proposed assessment
against each parcel in said district, is hereby preliminarily
adopted, confirmed and approved.
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. 3, DIVISION 5.
Fiscal Year 1992-1993
WHEREAS, on WEDNESDAY, JULY 15, 1992, the Council of the
City of Bakersfield adopted its Resolution of Intention No. 1094
to order the establisb-ment of a maintenance district pursuant to
the provisions of Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and referred said proposal to the
Public Works Director, directing him to make and file a Report; and
Clerk of
follows:
Wq~EREAS, the Public Works Director
the Council his report, in writing,
filed with the City
which Report is as
Public Works Director's RePort
City of Bakersfield, Maintenance District No. 3, Division
5, is generally described as a district bounded by Hosking Avenue
on the north, Wible Road on the east, McKee Road on the south and
a line parallel to and 1320 feet west of Wible Road on the west and
as specifically shown on Map and Assessment Diagram marked Exhibit
"B," attached hereto and incorporated herein by reference as though
fully set forth, as a district within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13
of the Municipal Code of the City of Bakersfield, referred to as
the Maintenance District Procedure, the Public Works Director makes
and files this Report and proposed assessment of and upon all
parcels of property within the division for the cost of maintaining
a public Dark, public street median and other public street
landscaping improvements. The improvements generally include, but
are not limited to, plant forms, drainage facilities, irrigation
system pipes, conduits, water mains and/or sprinkler systems,
restrooms, drinking fountains, barbeques and storage buildings,
plumbing and fixtures therefore, recreation equipment, including
swings, slides, play structures, etc., and picnic facilities,
including trash cans, fountains, benches and sidewalks, waldways,
parking areas and ornamental planting, including shrubs, ground
covers and trees now existing or hereafter to be constructed or
planted in and for said maintenance district and are of a public
nature. The assessment includes the cost of necessary repairs,
replacement, water, electricity, care, supervision and any and all
other items necessary for the proper maintenance and operation
thereof, and all additions and improvements thereto which may
hereafter be made.
- 3 -
For many years, public parks, public street median and
other public street landscaping improvements in the City were
maintained through traditional tax revenues. After Proposition 13,
in 1978, funds available for maintenance and operation of parks,
street median and other street landscaping improvements were
substantially reduced. At present, the City's budget does not
allow for maintenance and operation of street landscaping
improvements of the type described above. Thus, absent funds for
maintenance and operating costs from a source other than general
tax revenues, the City does not permit new public parks, street
median and other street landscaping improvements to be constructed
within the City. The funds generated as the result of this
division will be utilized strictly for the purposes of and applied
to the maintenance and upkeep of a park, street median and other
street landscaping improvements within this division of the
district. Maintenance District No. 3, Division 5, has been
specifically designated to address maintenance of public park,
public street median and other street landscaping, thus all parcels
within the district are affected.
Maintenance District No. 3, Division 5, is designated for
single family homes and non-residential development. Because of
the natural boundaries of the division, the area within the
division receives the greatest benefit from the improvements and
maintenance thereof. Sensory benefits from installing street
landscaping are aesthetic enhancement and open space enjoyment.
These benefits will accrue to all the parcels or lot owners within
the proposed Maintenance District NO. 3, Division 5.
The benefits of public street landscaping will inure to
the lots or parcels uniformly, and will be assessed on an
Equivalent Dwelling Unit basis throughout the division. The
Benefit Formula set forth herein as Exhibit "C" and attached hereto
and incorporated in this resolution as though fully set forth
herein.
It is estimated that the maximum cost per Equivalent Dwelling Unit
will be $175.00. This estimate is based on full build out of the
benefit area of this maintenance district at existing zoning, using
1992 dollars and 1992 Parks Department maintenance and overhead
costs.
OR G, tA~
NOW THEREFORE, I, E.W. SCHULZ, Director of Public Works
of the City of Bakersfield, by virtue of the power vested in me and
the order of the Council of said City, hereby submit the Fiscal
Year 1992-93 Budget and Assessment Roll as set forth in Exhibit "D"
and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property
within the Maintenance District No. 3, Division 5, subject to be
assessed to pay the cost of maintenance and operation in said
division within the district.
Dated:
E.W. SCHULZ k
Director of Public Wo~s
City of Bakersfield
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 July 15, 1992 by the
following vote:
AYES~ COUNCIl. MEMBERS: EO~.~RDS, DeMOND, SMITH, BRUNNI. PETERSON, McOERMOTT, SALVAGGIO
ABSTAIN COUNCiLMEM~ERS'N 0~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED July 15, 1992
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of
DS/ds
md3div5.pre
6/24/92
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Bakersfield
MAINTENANCE DISTRICT NO.
DIVISION 5
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of
Kern, State of California, being a portion of Section 35, Township
30 South, Range 27 East, M.D.B.& M., more particularly described as
follows:
Beginning at
centerline of
of Section 35
the East Quarter Corner of Section 35 being the
Wible Road, the South line of the Northeast Quarter
being the centerline of McKee Road;
Thence (1) North 89'04'51" West along the centerline of McKee Road
a distance of 1,321.45 feet; as shown on Tract Map No. 4824 Unit A
recorded in Book 38, Page 110, Recorded March 15th 1991, in the
office of the Kern County Recorder;
Thence (2) North 00'34'47" East a distance of 1,978.11 feet;
Thence
Thence
(3) South 89'06'04" East a distance of 1,321.63 feet to
a point on the east line of the Northeast Quarter of
said Section 35 also being the centerline of Wible
Road;
(4) South 00'35'06" West along the centerline of Wlble
Road a distance of 1,978.58 feet to the point ~f
beginning.
60.01 Ac.
EXHIBIT "A"
MAP AND ASS~)~IENT DIAGRAM
MAINTENANCE DISTRICT NO, 3
DIVISION 5
BAKERSFIELD CALIFORNIA
FOR FISCAL YEAR 1992 - 1993
HOS~,;NG A,:
89" 04' 51' w
1321.45'
MAINTENANCE DISTRICT NO. 3, DIVISION
CITY OF BkKERSFIELD
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 ~ 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):
(2) = ~ x ~
b
The number of EDU's for the parcel, and;
The total number of EDU's in the district.
NOTE: (2) shall eaual zero dollars for any developed or
undeveloped church parcel.
(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):
Divided by (b):
The number of EDU's for the parcel, and;
The total number of EDU's in the district.
(3) = P x a b
EXHIBIT "C"
Page 1 of 2
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
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.
md3.5
4/28/92
page 2 of 2
EXHIBIT
.CN
EXHIBIT "D'
MAINTENANCE DISTRICT NO. 3
DIVISION 5
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1992- 1993
BUDGET
Gross Budget Amount Required
(city st~ff Services or Contract.
Supplies. Materials. Utilities.
and Overhead Costs)
Estimated Beginning Fund Balance ! (Deficit)
Less: City Contribution
$9,306.28
$0.00
$o.o0
NET AMOUNT TO BE ASSESSED $9,306.28
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO.
DIVISION 5
FISCAL YEAR 1992 - 1993
Assessment Parcel No.
as shown on Map
Exhibit "B":
373-070-02-00-6
373-271-01-00-8
373-271-02-00-1
373-271-03-00-4
373-271-04-00-7
373-271-05-00-0
373-271-06-00-3
373-271-07-00-6
373-271-08-00-9
373-272-02-00-8
373-272-03-00-1
373-272-04-00 4
373 272 05 00 7
373-272-06 00-0
373 272 07 00 3
373-272-08-00 6
373 272-09 O0 9
373 272 10 00-1
373-272-11 00-4
373-272-12-00-7
373-272 13-00-0
373 272 14 O0 3
373-272-15-00-6
373-272-16-00-9
373-272-17-00-2
373-272-18-00-5
373-272-19-00-8
373-272-20-00-0
373-272-21-00-3
373-272-22-00-6
373-272-23-00-9
373-272-24-00-2
373-273 01-00 2
373-273-02-00-5
373 273 I]} O0 8
373-273-04-00-1
373-274 O1 O0 9
373 274 02 O0 2
Total
Assessment
$108 08
$ 62 15
$ 62 15,
$ 62 15,
$ 62 15,
$ 62 15,
$ 62 15
$ 62.15,
$ 62.15
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15,
$ 62.15
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
$ 62.15,
Assessment Parcel No.
as shown on Map
Exhibit "B":
373-274 03-00-5
373-274 04-00-8
373-274-05-00 1
373-274-06-00-4
373-274 07-00-7
373 274-08-00-0
373 274-09-00-3
373-274-10-00-5
373-274-11-00-8
373-281-01-00-1
373-281-02-00-4
373-281-03-00-7
373 281-04-00-0
373-281-05-00-3
373 281 06-00-6
373 281-07-00-9
373 281-08-00-2
373-281-09-00-5
373-282-01-00-8
373-282 02 00-1
373-282-03-00-4
373-282-04-00 7
373-282-05 00-0
373-282 06-00-3
373-282 07-00-6
373 282 08 O0 9
373 282 09 00 2
373-283 01 00 5
373-283 02 00 8
373 291 01 00-4
373-291-02-00-7
373-291-03-00-0
373-291-04-00-3
373-291-05 00-6
373-291-(}6-00-9
373-291-07-00-2
373-291-08-00-5
373-291-09-00-8
373-291-10-00-0
373-291-11-00 3
373-291-12-00 6
373-291 13 00-9
373-291-14-00-2
373-291-15-00 5
373-291-16-00-8
373-291 17 00 1
373-291-18-00-4
Total
Assessment
62 15
62 15
62 15
62 15
62 15
62 15
62 151
62 151
62 15
62 15,
62 15;
62 15
62 15
62 15
62 15
62. 151
62.15,
62. i5
62.15,
62 . 15
62 . 15,
62 . 15,
62.15,
62.15,
62.15,
62.15,
62 15
62.15,
62.15
62.15,
62.15
62.15
62.15
62 . 15
62.15
$ 6~.1~
62.15
62.15
62.15
62.15
62.15
62.15
62.15
62.15
62.15
62.15
62.15
Assessment Parcel
as shown on Map
Exhibit "B":
373 291 19 00 7
373-291-20 00 9
373-291 21 00 2
373-292-01-00-1
373-292-02-00-4
373-292-03-00-7
373-292-04-00-0
373-292-05-00-3
373-292-06-00-6
373-292-07-00-9
373-292-08-00-2
373-292-09-00-5
373 292-10 00-7
373-292-11-00-0
373-292-12-00-3
373-301-01-00-6
373-301-02-00-9
373-301-03-00-2
373 301 04 00 5
373 301 05 00 8
373 301 06 00 1
373 301 07 00 4
373-301 08-00-7
373-301-09-00-0
373-301-10-00-2
373-301-11-00-5
373-301 12-00-~
373-301-13-00-1
373-301-14-00-4
373-302-02-00-6
373-302-03-00-9
373-302-04 00 2
373-302 05 00 5
373-302-06-00-8
373-302-07-00-1
373 302 0~ 00 4
373-302-09 00 7
373-302-10-00-9
373-302-11-00-2
373-302-12-00-5
373-302-13-00-8
373-302-14-00-1
373-302-15-00-4
373-302-16-00-7
373-302-17-00 0
373-302-18-00-3
373 302 19 00 6
NO.
Total
Assessment
62.15
62.15,
62.15,
62.15,
62.15
62.15
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.1_
62.1_
62.15
62.15
62.15
62.15
62.15
62.15,
62.15,
62.15,
62.15,
62. 15,
62. 15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
62.15,
3
Assessment Parcel No.
as shown on Map
Exhibit "B":
Total
Assessment
373-302-20-00-8
373 302-21-00-1
373 302-22-00-4
373-302 23-00-7
373-302-24-00-0
373-302 25 00-3
373 302-26-00-6
373-302-27-00-9
373-302-28-00-2
373-302-29-00-5
373-302-30-00-7
373-302-31-00-0
373-302-32-00-3
373-302-33-00 6
373-302-34-00 9
373 302 35-00-2
373 302 36-00-5
373-302-37-00-8
Total
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62 . 15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 62.15
$ 00.00
$ 9306.28
DATE:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield