HomeMy WebLinkAboutRES NO 98-91RESOLUTION NO. ~ 8 - 9 1
A RESOLUTION PRELIMINARY ADOPTING, CONFII~I~ING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT; APPOINTING TIME AND PLACE FOR WRARING
PROTESTS TO THE PROPOSED DISTRICT; SETTING
THE BOUNDARIES '~'~8OF; THE FAIlS-ESS OF THE
BENEFIT FO~u-LA; THE AMOUNT OF ASSRSS~T TO
BE LEVIED AGAINST EACH PARCEL AND THE
RESERVATION OF RIGHT TO P~ WORK BY CITY
FORCES (RESOLUTION OF IBT~z4TION NO. 1084,
MAIBT~ANCE DISTRICT NO. 30, ALLEN).
WHEREAS, the Council of the City of Bakersfield, State
of California, heretofore adopted on June 5, 1991, its Resolution
of Intention No. 1084, declaring its intention to establish
Maintenance District No. 30 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. 1084 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. 30, 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. 1084;
(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
WI{ERF_~%~, 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 T~EREFORE, 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.
2. WEDNESDAY, JUNE 19, 1991, 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, is hereby
fixed as the time and place for hearing protests on the following
matters:
ESTABLISHMENT OF THE DISTRICT;
SETTING THE BOUNDARIES OF THE DISTRICT;
FAIRNESS OF THE BENEFIT FORMULA;
THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL
OF PROPERTY TO BE ASSESSED;
RESERVATION BY CITY OF RIGHT TO ELECT WHETHER
TO PROCEED TO PERFORM WORK BY CITY FORCES.
Any interested person may object to any of the above-
listed matters by filing a written protest with the City Clerk at
1501 Truxtun Avenue, Bakersfield, California, at or before said
time set for hearing; and said City Clerk shall endorse on each
protest the date and hour of its receipt, and at said time
appointment for said hearing shall present to the Council all
such protests filed with said Clerk.
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3. The City Clerk is hereby further directed to cause
notice of said hearing to be published, posted and mailed in the
manner prescribed by Sections 13.04.150 through 13.04.170 of the
Bakersfield Municipal Code, said notice to be completed not less
than ten (10) days prior to such hearing. The form of notice
shall be substantially as follows:
CITY OF BAKERSFIELD
NOTICE OF HEARING ON
PROPOSED MAIB'£~ANCE DISTRICT NO. 30
NOTICE IS B~EBY GIVEN that the Public Works Director
of the City of Bakersfield has caused to be prepared and filed
with the City Clerk a Report, in writing, which provides the
basis for the benefit assessment for maintaining and operating
public street median and other public street landscaping and
walls to be borne by all parcels or property within proposed
Maintenance District No. 30, generally described as a district
bounded by Stockdale Highway on the north, Allen Road on the
east, Tract 4445 on the south and Tract 4444 on the west.
Said Public Works Director's Report sets forth the
amounts to be provided in the budget for maintenance and
operation, description of the improvements to be maintained by
the district, a description of each parcel of property in the
proposed maintenance district by a description sufficient to
identify the same, and the amount of assessment to be levied for
the Fiscal Year 1991-1992 against each parcel of property. Said
report shall be open to public inspection at the Office of the
Director of Public Works, 1501 Truxtun Avenue, Bakersfield,
California.
Any interested owner objecting to establishment of the
district or the boundaries of the district or the fairness of the
benefit formula or the amount of the assessment on any of his or
her parcel or parcels of property to be assessed, or the
reservation by the City of its right to elect to perform the work
of maintenance by City forces, may file with the City Clerk at or
before the hour fixed for hearing a protest, in writing, signed
by him/her, describing the parcel of property so that it may be
identified, and stating the grounds of his/her protest, and may
appear at said hearing and be heard in regard thereto.
Said Public Works Director's Report will be heard by
the Council at its meeting to be held on WEDNESDAY, JUNE 19,
1991, at the hour of 7:00 P.M., or as soon thereafter as may be
heard, in the regular meeting place of said Council, City Hall,
Council Chambers, 1501 Truxtun Avenue, Bakersfield, California,
at which time and place said Council will examine said Report and
hear protests, if any.
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The following are descriptions of the parcels of
property subject to assessment and the amount of the proposed
assessment against said parcel of property as set forth in the
report.
Assessment Parcel No.
as shown on Map
Exhibit "B":
Total
Assessment
161-010-48-00-7
161-010-49-00-0
373.88
2,513.12
Total $ 2,887.00
DATE:
Council of the City of Bakersfield
the
- 4
City of Bakersfield
PUBLIC WOP/(S DIRECTOR'S ~RDORT
MAINTENANCE DIS~CT NO. 30.
( A~LEN )
Fiscal Year 1991-1992
WHEREAS, on WEDNESDAY, JUNE 19, 1991, the Council of
the City of Bakersfield adopted its Resolution of Intention No.
1084 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
WHEREAS, the Public Works Director filed with the City
Clerk of the Council. his report, in writing, which Report is as
follows:
Public Works Director's Report
City of Bakersfield, Maintenance District No. 30, is
generally described as a district bounded by Stockdale Highway on
the north, Allen Road on the east, Tract 4445 on the south and
Tract 4444 on the west and 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 district for the cost of
maintaining and operating public street median and other public
street landscaping improvements. The improvements generally
include, but are not limited to, walls, fences and street
landscaping which include, but are not limited to, plant forms,
irrigation system pipes, conduits, water mains and/or sprinkler
systems, and ornamental planting, including turf, shrubs, ground
cover and trees now existing in and for said maintenance district
and are of a public nature. The assessment includes the cost of
necessary repairs, replacements, 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, median and street landscaping
improvements in the City were maintained through traditional tax
revenues. After Proposition 13, in 1978, funds available for
maintenance and operation of median and street landscaping
improvements were substantially reduced. At present, the City's
budget does not allow for maintenance and operation of median and
street landscaping improvements of the type described above and
proposed for existing or newly developed areas within the City.
Thus, absent funds for maintenance and operating costs from a
source other than general tax revenues, the City does not permit
median or street landscaping improvements to be constructed
within the City. The funds generated as the result of this
district will be utilized strictly for the purposes of and
applied to the maintenance and upkeep of median and street
landscaping improvements within the district. Maintenance
District No. 30 has been specifically designated to address
maintenance of public street median and other street landscaping
improvements and all parcels within the district are affected.
Maintenance District No. 30 consists of commercial/non-
residential development. Because of the natural boundaries of
the area, the area within the district receives the greatest
benefit from the improvements and maintenance thereof. Sensory
benefits from installling street landscaping, walls, include some
noise attenuation and/or aesthetic enhancement and open space
enjoyment. These benefits will accrue to all the parcels or lot
owners within proposed Maintenance District No. 30.
The benefits of the median and street landscaping will
inure to the lots or parcels uniformly, and will be assessed on a
equivalent dwelling unit basis. The Benefit Formula set forth
herein as Exhibit "C" and attached hereto and incorporated in
this resolution as though fully set forth herein.
NOW T~IEREFORE, I, E.W. $c~r~Lz, 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 1991-92 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 Maintenance District No. 30, subject to be
assessed to pay the cost of maintenance and operation in said
district.
Dated:
E.W. S CR~3LZ
Director of Publ rks
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 JUN - 5 1991 , by
the following vote:
AYES: COUNCiLMEMBERS: EDWARD~,~DeMONO, SMITH, BRUNNI, PETERSON, McOERMOTI',
NOES; COUNCILMEMBERS'
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCIlEMBERS'
Council of the City of Bakersfield
APPROVED JUN - ~ 1991
CL~i~ENCE E.
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
RMS/meg
MAIN-DIS\
MD3 0 -PWD. RPT
5/23/9]
At t achmen'~s
Exhibit "A"
~?bibit "'~"
q~bibit "D"
~wb~bi~ "E"
EXHIBIT "A"
MA~WrmmNC~, D! STriCT' ~0.. 30
BEGINNING AT THE NORTHEAST CORNER OF SECTION 2, T.30S., R. 26E., M.D.B. & M.,
AS SHOWN ON PARCEL MAP NO. 9105 RECORDED IN BOOK 40 AT PAGE 8 IN THE OFFICE
OF THE KERN COUNTY RECORDER, ALSO BEING A POINT ON THE CENTER LINE OF ALLEN
ROAD.
THENCE (1) S. 89° 22' 08" E., a distance of 55 feet;
THENCE (2) S. 00° 31' 36" W., a distance of 524.41 feet;
THENCE (3) N. 89° 25' 12" W., a distance of 731.61 feet;
THENCE (4) N. 00° 34' 48" E., a distance of 525.00 feet;
TH~ (5) N. 89° 22' 08" W., a distance of 658.12 feet, to the point of
beginning.
Page 1 of ·
EXHIBIT A
33:MD.30 JS/lh
AND ASSESSMENT DIAr"RAM j
FOR
MAINTENANCE DISTRICT NO. 30
BAKERSFIELD, CALIFORNIA
FOR ~SCAL YEAR 1991 - 1992 SCALE:
EXHIBIT "B"
_STOCKDALE! HWY
EXHIBIT B
MAINTENANCE DISTRICT NO. 30
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each residential parcel shall be assessed 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):
The number of EDU's for the parcel, and;
The total number of EDU's in the district.
S x e
b
Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per
zoning as follows:
USE EDU REMARKS
Non Residential
6/acre
Rounded to nearest .01
DISTFORM. 30
s-2-91 EXHIBIT C
EXHIBIT "D"
MAINTENANCE DISTRICT NO. 30
SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1991 -1992
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
$2,465.00
(422.00)
0.00
I $2'887'00 I
Note:
Fiscal Year 1989-90 Delinquencies for This District, Based
Upon Information Obtained From The Kern County Tax
Collector's Office, on May 6, 1991 were: I
sol
EXHIBIT O
ASSESSM~ ROLL
FISCAL YEAR 1991 - 1992
Assessment Parcel No.
as shown on Map
Exhibit "B":
Total
Assessment
161-010-48-00-7
161-010-49-00-0
$ 373.87
2,513.13
Total
$ 2,887.00
JS/meg
MAIN-DIS\
MD30-EXE
5/28/91
EXHIBIT E
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