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