HomeMy WebLinkAboutRES NO 97-91RESOLUTION NO.
A RESOLUTION PRELIMINARY ADOPTING, CONFIRMING
AND APPROVING '£~ PUBLIC WORKS DIRECTOR' S
REPORT; APPOINTING TIME AND PLACE FOR HEARING
PROTESTS TO THE PROPOSED DISTRICT; S~='~"NG
BOUNDARIES THEREOF; THE FAII~ESS OF THE
BENEFIT FO1~'JLA; '£~ AMOUNT OF ASSESSMENT TO
BE LEVI ED AGAINST EACH PARCEL AND THE
RESERVATION OF RIGHT TO PE]~FOl~ WORK BY CiT¥
FORCES (RESOLUTION OF Ii~'~--~T£ON NO. 1083,
MAINT~ARCE DISTRICT NO. 29, CALLOWAY).
WHEi~EAS, the Council of the City of Bakersfield, State
of California, heretofore adopted on June 5, 1991, its Resolution
of Intention No. 1083, declaring its intention to establish
Maintenance District No. 29 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. 1083 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. 29,
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. 1083;
(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
W~REAS, 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 ~-~RE, BE IT RESOL%~_~) 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.
- 2 -
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 O~
PROPOSED MAIBT~ANCEDISTRICTNO. 29
NOTICE IS HE~KHf 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 street landscaping and walls
to be borne by all parcels or property within proposed Maintenance
District No. 29, generally described as a district bounded by
Hageman Road on the north, Calloway Drive on the east, Meacham Road
on the south and City limit 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 WF~NESDAY, 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.
- 3 -
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
449-171-01-00-1
449-171-02-00-4
449-171-03-00-7
449-172-01-00-8
449-172-02-00-1
449-172-03-00-4
449-172-04-00-7
449-172-05-00-0
449-172-06-00-3
449-172-07-00-6
449-172-08-00-9
449-172-09-00-2
449-172-10-00-4
449-172-11-00-7
449-172-12-00-0
449-172-13-00-3
449-172-14-00-6
449-173-01-00-5
449-173-02-00-8
449-173-03-00-1
449-173-04-00-4
449-173-05-00-7
449-173-06-00-0
449-173-07-00-3
449-173-08-00-6
449-173-09-00-9
449-174-01-00-2
449-174-02-00-5
449-174-03-00-8
449-174-04-00-1
449-174-05-00-4
449-174-06-00--7
449-174-07-00-0
449-174-08-00-3
449-174-09-00-6
449-174-10-00-8
449-174-11-00-1
449-174-12-00-4
449-174-13-00-7
449-174-14-00-0
449-175-01-00-9
449-175-02-00-2
TRACT NO. 5068B
$ 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- 4 -
449-175-03-00-5
449-175-04-00-8
449-175-05-00-1
449-175-06-00-4
449-175-07-00-7
~49-175-08-00-0
449-175-09-00-3
449-175-10-00-5
449-175-11-00-8
449-175-12-00-1
~49-175-13-00-4
449-175-14-00-7
449-175-15-00-0
449-175-16-00-3
449-175-17-00-6
449-175-18-00-9
449-175-19-00-2
449-175-20-00-4
449-175-21-00-7
449-]75-22-00-0
449-175-23-00-3
449-175-24-00-6
449-175-25-00-9
449-175-26-00-2
449-175-27-00-5
449-175-28-00-8
$ 0.00
0.00
0.00
0o00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TRACT NO. 5068A
449-162-01-00-5
449-162-02-00-8
449-162-03-00-1
449-162-04-00-4
449-162-05-00-7
449-162-06-00-0
449-.162-07-00-3
449-162-08-00-6
449-162-09-00-9
449-162-10-00-1
449-162-11-00-4
449-162-12-00-7
449-162-13-00-0
449-162-14-00-3
449-163-01-00-2
449-163-02-00-5
449-163-03-00-8
449-163-04-00-1
449-163-05-00-4
449-163-06-00-7
449-163-07-00-0
449-163-08-00-3
449-163-09-00-6
$ 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0o00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
- 5 -
449-163-10-00-8
449-163-11-00-1
449-163-12-00-4
449-163-13-00-7
449-163-14-00-0
449-163-15-00-3
449-163-16-00-6
449-163-17-00-9
449-163-18-00-2
449-163-19-00-5
449-163-20-00-7
449-163-21-00-0
449-163-22-00-3
449-163-23-00-6
449-163-24-00-9
449-163-25-00-2
449-163-26-00-5
449-163-27-00-8
449-163-28-00-1
449-164-01-00-9
449-164-02-00-2
449-164-03-00-5
449-164-04-00-8
449-164-05-00-1
449-164-06-00-4
449-164-07-00-7
449-164-08-00-0
449-164-09-00-3
449-164-10-00-5
449-164-11-00-8
449-164-12-00-1
449-164-13-00-4
449-164-14-00-7
449-165-01-00-6
449-165-02-00-9
449-165-03-00-2
449-165-04-00-5
449-165-05-00-8
449-165-06-00-1
449-165-07-00-4
$ 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total $ 0.00
DATE:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
- 6 -
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAIBT~NANCE DISTRICT NO. 29
( CALLOWAY )
Fiscal Year 1991-1992
WHEI~EAS, on WEDNESDAY, J%~NE 19, 1991, the Council of the
City of Bakersfield adopted its Resolution of Intention No. 1083
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 ReDort
City of Bakersfield, Maintenance District No. 29, is
generally described as a district bounded by Hageman Road on the
north, Calloway Drive on the east, Meacham Road on the south and
City limit 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
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, sidewalks, walkways and ornamental planting, including
turf, shrubs, ground cover 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.
- 7 -
For many years, 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
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 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 street landscaping
improvements within the district. Maintenance District No. 29 has
been specifically designated to address maintenance of street
landscaping, thus all parcels within the district are affected.
Maintenance District No. 29 contains single family homes.
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 installing street
landscaping, walls and fences, include some noise attenuation,
aesthetic enhancement and open space enjoyment. These benefits
will accrue to all the parcels or lot owners within proposed
Maintenance District No. 29.
The benefits of the street landscaping will inure to the
lots or parcels uniformly, and will be assessed on a per dwelling
unit or 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 ~FORE, 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 su~bmit 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. 29, subject to be assessed to pay
the cost of maintenance and operation in said district.
Dated:
E.W. SC~{ULZ
Director of Public Works
City of Bakersfield
- 8 -
I~IE~RR¥ 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 - 5 199! , by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS, DeMON~O. SMITH, BRLINN}. PETERSON, McOERMOT[, CAL';ACC:3
NOES; COUNCfLMEMBERS: ~/~/E
ABSENT COUNCILMEMBERS ~/~_ ~'~ ~ c~ / o
ABSTAIN: COUNCILMEMBERS' /~/p ,~,'E'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN - 5 ~991
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LU~A~DINI
CITY ATTORNEY of the City of Bakersfield
RMS/meg
MAIN-DIS\
MD29-PWD.RPT
5/21/91
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
- 9 -
EXHIBIT "A"
MAIN~IZNANCE DISTRICT 'NO., 29
BEING A PORTION OF SECTION 19, T.29S., R. 27E., M.D.B. & M., IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
CO~NCING AT THE NORTHEAST CORNER OF SECTION 19, T.29S., R. 27E., AS SHOWN
ON MAP OF TRACT 5068-B RECORDED IN MAP BOOK 38 AT PAGE 63 IN THE OFFICE OF
THE KERN COUNTY RECORDER SAID CORNER ALSO BEING THE INTERSECTION OF }{AGEMAN
ROAD AND CALLOWAY DRIVE, THENCE S. 00° 28' 15" W., A DISTANCE OF 868.91 FEET
TO THE POINT OF BEGINNING.
T~NCE (1)
THENCE (2)
THENCE (3)
THENCE (4)
T~NCE (5)
THENCE (6)
THENCE (7)
THENCE (8)
beginning.
S. 00° 28'
N. 89° 39'
N. 00° 34'
S. 89° 25'
N. 00° 34'
S. 89° 54'
N. 00° 28'
N. 89° 31'
15" W., a distance of 1152.35 feet;
37" W., a distance of 1337.87 feet;
29" E., a distance of 1128.83 feet;
31" E., a distance of 125.00 feet;
29" E., a distance of 10.95 feet;
59" E., a distance of 975.83 feet;
15" E., a distance of 9.25 feet;
45" W., a distance of 235.00 feet feet; to the point of
Page 1 of 1
EXHIBIT A
33:MD.29 JS/lh
MAF ~ND.ASSESSMENTDIAGF ,'vl I
FOR
MAINTENANCE DISTRICT NO. 29 ~
BAKERSFIELD, CALIFORNIA .
FOR ~SCAL YEAR 1991 - 1992 SC,~E: 1'= 200'
EXHIBIT "B"
EXHIBIT B
MAINTENANCE DISTRICT NO. 29
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 xa
b
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
1.0
DISTFORM.29
5-2-91
EXHIBIT C
EXHIBIT "D~
MAINTENANCE DISTRICT NO. 29
SAID ASSESSMENT iS MADE IN ACCORDANCE WITH THE BENEFIT
FORMULA ATTACHED HERETO.
1991 - 1992
BUDGET
Gross Budget Amount Required
(City Staff Services or Contrac[,
Supplies. Materials, Utilities,
and Overhead Costs)
Estimated Beginning Fund Balance I (Deficit)
Less: City Contribution
NET AMOUNT TO BE ASSESSED
$0.00
0.00
0.00
$0.00 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
EXHIBIT D
ASSESSMENT ROLL
FISCAL YEAR 1991 1992
Assessment Parcel No.
as shown on Map
Exhibit "B":
449-171-01-00-1
449-171-02-00-4
449-171-03-00-7
449-172-01-00-8
449-172-02-00-1
449-172-03-00-4
449-172-04-00-7
449-172-05-00-0
449-172-06-00-3
449-172-07-00-6
449-172-08-00-9
449-172-09-00-2
449-172-10-00-4
449-172-11-00-7
449-172-12-00-0
449-172-13-00-3
449-172-14-00-6
449-173-01-00-5
449-173-02-00-8
449-173-03-00-1
449-173-04-00-4
449-173-05-00-7
449-173-06-00-0
449-173-07-00-3
449-173-08-00-6
449-173-09-00-9
449-174-01-00-2
449-174-02-00-5
449-174-03-00-8
449-174-04-00-1
449-174-05-00-4
449-174-06-00-7
449-174-07-00-0
449-174-08-00-3
449-174-09-00-6
449-174-10-00-8
449-174-11-00-1
449-174-12-00-4
449-174-13-00-7
TRACT NO. 5068B
Total
Assessment
$ 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Page 1 of i EXHIBIT E
Maintenance District No. 29
Assessment Roll - Exhibit "E"
449-174-14-00-0
449-175-01-00-9
449-175-02-00-2
449-175-03-00-5
449-175-04-00-8
449-175-05-00-1
449-175-06-00-4
449-175-07-00-7
449-175-08-00-0
449-175-09-00-3
449-175-10-00-5
449-175-11-00-8
449-175-12-00-1
449-175-13-00-4
449-175-14-00-7
449-175-15-00-0
449-175-16-00-3
449-175-17-00-6
449-175-18-00-9
449-175-19-00-2
449-175-20-00-4
449-175-21-00-7
449-175-22-00-0
449-175-23-00-3
449-175-24-00-6
449-175-25-00-9
449-175-26-00-2
449-175-27-00-5
449-175-28-00-8
449-162-01-00-5
449-162-02-00-8
449-162-03-00-1
449-162-04-00-4
449-162-05-00-7
449-162-06-00-0
449-162-07-00-3
449-162-08-00-6
449-162-09-00-9
449-162-10-00-1
449-162-11-00-4
449-162-12-00-7
449-162-13-00-0
449-162-14-00-3
449-163-01-00-2
449-163-02-00-5
449-163-03-00-8
449-163-04-00-1
449-163-05-00-4
449-163-06-00-7
449-163-07-00-0
TRACT NO. 5068A
Page 2 of 2
$ 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$ 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Maintenance District No. 29
Assessment Roll - Exhibit "E"
449-163-08-00-3
449-163-09-00-6
449-163-10-00-8
449-163-11-00-1
449-163-12-00-4
449-163-13-00-7
449-163-14-00-0
449-163-15-00-3
449-163-16-00-6
449-163-17-00-9
449-163-18-00-2
449-163-19-00-5
449-163-20-00-7
449-163-21-00-0
449-163-22-00-3
449-163-23-00-6
449-163-24-00-9
449-163-25-00-2
449-163-26-00-5
449-163-27-00-8
449-163-28-00-1
449-164-01-00-9
449-164-02-00-2
449-164-03-00-5
449-164-04-00-8
449-164-05-00-1
449-164-06-00-4
449-164-07-00-7
449-164-08-00-0
449-164-09-00-3
449-164-10-00-5
449-164-11-00-8
449-164-12-00-1
449-164-13-00-4
449-164-14-00-7
449-165-01-00-6
449-165-02-00-9
449-165-03-00-2
449-165-04-00-5
449-165-05-00-8
449-165-06-00-1
449-165-07-00-4
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