Loading...
HomeMy WebLinkAboutRES NO 40-92RESOLUTION NO. 4 0 - 9 2 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 FORMULA; 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. 1090, MAINTENANCE DISTRICT NO. 3 DIVISION 5, McKEE ROAD). WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on March 11, 1992, its Resolution of Intention No. 1090, 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. 1090 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) 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. 1090; ORIQ~^L (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 preliminartly adopted, confirmed and approved. - 2 - City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 3, DIVISION 5. Fiscal Year 1992-1993 WHEREAS, on WEDNESDAY, MARCH 11, 1992, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1090 to order the establishment 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: WHEREAS, the Public Works Director filed with the City the Council his report, in writing, 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 public street landscaping improvements. The improvements generally include, but are not limited to, plant forms, irrigation system pipes, conduits, water mains and/or sprinkler systems, and ornamental planting, including shrubs, ground covers and trees now existing or hereafter to be constructed or planted in and for said division within the 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. For many years, 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 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 - 3 - OI:tlQiNAL 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 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 street landscaping improvements within this division of the district. Maintenance District No. 3, Division 5, has been specifically designated to address maintenance of public 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. 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 Director of Public Works City of Bakersfield - 4 - ORIGINAL 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 MAR ! ! 1992 , by the following vote: CITY~LERK and ~x Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 1 1 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: k i CITY ATTORNEY of the City o Ba ersf eld DS/ds md3div5.pre 3/3/92 Attachments Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" - 5 - ORIG!NAL MAINTENANCE DISTRICT NO. DIVISION 5 LEGAL DESCRIPTION 3 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 the East Quarter Corner of Section 35 being the centerline of Wible Road, the South line of the Northeast Quarter of section 35 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 (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; Thence (4) South 00'35'06" West along the centerline of Wible Road a distance of 1,978.58 feet to the point of beginning. 60.01Ac. EXHIBIT "A" MAP AND ASSESSMENT D~AGRAM I FOR MAINTENANCE DISTRICT NO. 3 ~ DIVISION 5 BAKERSFIELD CALIFORNIA FOR FISCAL YEAR 1992 1993 HOSKING AVE ~- c~'~ ¢~ S 89'06'04' E 1521.63' (~) MCKEE ROAD ' EXHIBIT B GALE S ENSTAD ORIGINAL MAINTENANCE DISTRICT NO. 3, DIVISION CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel shall be assessed at the following rates: For each assessable residential parcel the assessment shall be equal to (1) as defined below. (1) 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: (1) shall equal undeveloped church parcel. The number of EDU's for the parcel, and; The total number of EDU's in the district. (1) = S 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 REMARKS Single Family (Detached) Dwelling Unit Non Residential (including Churches) 1.0 6/acre Rounded to nearest .01 md3.5 3/3/92 EXHIBIT "C" ORIG!NAI. 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 Staff Services or Contract, Supp(ies, Materials, Utilities, and Overhead Costs) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $10,631.91 $0.00 $0.00 $10,631.91I ORIGtNAL EXHIBIT "E" ASSESSMENT ROLL FISCAL YEAR 1992 - 1993 Assessment Parcel No. as shown on Map Exhibit "B": 373-271-01-00-8 373-271-02-00-1 373-271-03-00-4 373-271-04-00-7 373-271-05-00-0 373-271-06-00-3 373-271-07-00-6 373-271-08-00-9 373-272-01-00-5 373-272-02-00-8 373-272-03-00-1 373-272-04-00-4 373-272-05-00-7 373-272-06-00-0 373-272-07-00-3 373-272-08-00-6 373-272-09-00-9 373-272-10-00-1 373-272-11-00-4 373-272-12-00-7 373-272-13-00-0 373-272-14-00-3 373-272-15-00-6 373-272-16-00-9 373-272-17-00-2 373-272-18-00-5 373-272-19-00-8 373-272-20-00-0 373-272-21-00-3 373-272-22-00-6 373-272-23-00-9 373-272-24-00-2 373-273-01-00-2 373-273-02-00-5 373-273-03-00-8 373-273-04-00-1 373-274-01-00-9 Total Assessment 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 ORIG!~'AL Assessmenk Parce~ No. as shown on Map Exhibit "B": 373-274-02-00-2 373-274-03-00-5 373-274-04-00-8 373-274-05-00-1 373-274-06-00-4 373-274-07-00-7 373-274-08-00-0 373-274-09-00-3 373-274-10-00-5 373-274-11-00-8 373-281-01-00-1 373-281-02-00-4 373-281-03-00-7 373-281-04-00-0 373-281-05-00-3 373-281-06-00-6 373-281-07-00-9 373-281-08-00-2 373-281-09-00-5 373-282-01-00-8 373-282-02-00-1 373-282-03-00-4 373-282-04-00-7 373-282-05-00-0 373-282-06-00-3 373-282-07-00-6 373-282-08-00-9 373-282-09-00-2 373-283-01-00-5 373-283-02-00-8 373-291-01-00-4 373-291-02-00-7 373-291-03-00-0 373-291-04-00-3 373-291-05-00-6 373-291-06-00-9 373-291-07-00-2 373-291-08-00-5 373-291-09-00-8 373-291-10-00-0 373-291-11-00-3 373-291-12-00-6 373-291-13-00-9 373-291-14-00-2 373-291-15-00-5 373-291-16-00-8 373-291-17-00-1 373-291-18-00-4 373-291-19-00-7 2 Total Assessment 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70 41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 ORIGINAL Assessmen~ Pa~ce! No. as shown on ~ap Exh~b~ "B": 373-291-20-00-9 373-291-21-00-2 373-292-01-00-1 373-292-02-00-4 373-292-03-00-7 373-292-04-00-0 373-292-05-00-3 373-292-06-00-6 373-292-07-00-9 373-292-08-00-2 373-292-09-00-5 373-292-10-00-7 373-292-11-00-0 373-292-12-00-3 373-301-01-00-6 373-301-02-00-9 373-301-03-00-2 373-301-04-00-5 373-301-05-00-8 373-301-06-00-1 373-301-07-00-4 373-301-08-00-7 373-301-09-00-0 373-301-10-00-2 373-301-11-00-5 373-301-12-00-8 373-301-13-00-1 373-301-14-00-4 373-302-02-00-6 373-302-03-00-9 373-302-04-00-2 373-302-05-00-5 373-302-06-00-8 373-302-07-00-1 373-302-08-00-4 373-302-09-00-7 373-302-10-00-9 373-302-11-00-2 373-302-12-00-5 373-302-13-00-8 373-302-14-00-1 373-302-15-00-4 373-302-16-00-7 373-302-17-00-0 373-302-18-00-3 373-302-19-00-6 373-302-20-00-8 373-302-21-00-1 373-302-22-00-4 3 Total Assessment 70.41 70.41 70.41 70.41 70.41 70,41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 ORIGi,~AL Assessment Parcel No. as sho~n on Nap Exhibit "B": 373-302-23-00-7 373-302-24-00-0 373-302-25-00-3 373-302-26-00-6 373-302-27-00-9 373-302-28-00-2 373-302-29-00-5 373-302-30-00-7 373-302-31-00-0 373-302-32-00-3 373-302-33-00-6 373-302-34-00-9 373-302-35-00-2 373-302-36-00-5 373-302-37-00-8 373-070-02-00-6 Total Assessment 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 70.41 Total $ 10,631.91 CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 4