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Home My WebLink AboutRES NO 98-89RESOLUTION NO. 98-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD FOR MAINTENANCE DISTRICT NO. 20 APPROVING AND ADOPTING TRE 1989-90 BUDGET, LEVYING ASSESSMENTS, RESERVING THE RIGHT TO PERFORM MAINTENANCE WORK BY CITY FORCES AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the Report of the Public Works Director, including the 1989-90 budget for Maintenance District No. 20 and complying with the provisions of Section 13.04.130 of the Bakersfield Municipal Code, having heretofore been filed with the City Clerk as required by Section 13.04.140 of that Code, and the requirements of Section 13.04.150 and 13.04.160 having been met, the City Council has this date held a noticed public hearing as required by Sections 13.04.210 and 13.04.220 of the Bakersfield Municipal Code; and WHEREAS, the City Council has considered the Report of the Public Works Director, including the aforementioned budget, and has considered and heard any and all protests which may have been filed against the amounts of the assessments or to the fairness of the benefit formula or formulae. NOW, THEREFORE, BE IT RESOLVED by the Council of the City Bakersfield as follows: 1. The above recitals are found to be true and correct. 2. The Report of the Public Works Director, attached here- to, including the 1989-90 budget for Maintenance District No. 20 and the assessments therein contained, is hereby approved, such budget is hereby adopted and such assessments are hereby levied. 3. The reservation of the right to perform maintenance work by City forces is hereby made. 4. The City Clerk shall transmit the assessments levied herein to the Director of Finance with instructions to submit said list to the Kern County Auditor-Controller and Tax Collector, and such other County officers as may be required, for placement of such assessments on the secured roll of the County and request that said assessments be collected in the same manner as ad valorem property taxes. .......... o0o .......... 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 June 5, 1989 , by the following vote: ABSENT: COUNCILMEMBER8 None A,B~TA] N: (X)UNC;ILMEMBERS; Non~ Assistant CITY CLERK and Ex Officio Clerk of the Council of the City o~ Bakersfield APPROVED June 5~ 1989 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTOR E~th~y of Bakersfield AJS/DH/meg Attachments M MAIN 4 MAIN20.1 5/31/89 - 2 PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 20 City of Bakersfield Fiscal Year 1989-1990 City of Bakersfield, Maintenance District No. 20 is generally described ~n Exhibit "A" attached hereto and incorporated herein by reference as through fully set forth, as a district within the City of Bakersfield gener- ally bounded by Oswell Street on the east, Freeway 178 on the north, Bernard Street on the south and Mount Vernon Avenue on the west. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Bakersfield 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 to be assessed for the cost of maintaining and operating local public improvements, which are now contemplated or are in various planning stages and some of which may be constructed or installed within and would then be main- tained and operated by the district. All such improvements will be constructed only after plans therefor have been filed with and approved by the City Engineer. The improvements generally include signs and sign posts, street and parkway landscaping which include, but are not limited to, plant forms, drainage faciiitie, irrigation system pipes, conduits, water mains and/or sprinkler sys- tems and ornamental planting, including turf, lawns, shrubs, hedges, ground cov- ers and trees now existinE or hereafter to be constructed, laid or planted in and for said maintenance district and of special benefit to the territory within MD20.1 -1- the district and of a public nature, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions, improvements and enlargements thereto which may hereafter be made. There may be other improvements of the general nature designated above to be maintained and operated by the district. In most of the City, street landscaping is maintained through the Community Services Department's budget expenditures. After Proposition 13, funds available for street landscaping, and other maintenance were substantially reduced. At present, the department's budget will not accommodate maintenance of new improvement of the type described above and proposed for newly develop- ment area within the City. Thus, absent funds for maintenance costs from a source other than general tax revenues, the City will not accept or permit median strip landscaping to be placed in the City-owned lands in the area included within this proposed maintenance district. The funds generated as the result of the establishment of the proposed district will be utilized strictly for the purposes of and applied to the maintenance and upkeep of improvements within the district. Such funds will not supplant any City general fund expenditure, either present or future. The establishmemt of the proposed district has been specifically requested by the developer of all property located within the district, in order that funding for the maintenance and upkeep of amenities specially designed to enhance the living environment of future commercial and residential owners and/or users therein be established as an integral part of the development process. The proposed district is designated for commercial development. Because of the natural boundaries of the area occasioned in part by the charac- ter and timing of surrounding development, the area within the proposed district MD20.2 -2- will receive the greatest benefit from the contemplated improvements and mainte- nance thereof. Sensory benefits from installing street landscaping, including heat regulation, sc~e noise attenuation and/or esthetic enhancement and increased market value will accrue to the lots or parcels and owners and users thereof within proposed Maintenance District No. 20. Increased market value will accrue to the owners. The benefits will inure to the lots or parcels uniformly, and will be assessed at a uniform acreage rate. Said assessment is made in accordance with the Benefit Formula set forth herein as Exhibit "B" and attached hereto and incorporated in this resolu- tion as though fully set forth herein. MD20.3 -3- NOW, THEREFORE, I, E. W. SCHULZ, Public Works Director 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 1988-1989 Budget and Assessment Roll as set forth in Exhibit "D" attached hereto and incorporated herein as though fully set forth, upon all parcels of property within Maintenance District No. 20, sub- ject to be assessed to pay the cost of maintenance and operation in said district. 1989-1990 BUDGET Source of Funds Beginning Fund Balance Gross Amount Required Amount of Contribution by City Amount of Advances by City Net Balance, to be Assessed Total -0- 9,708 9,708 Use of Funds City Staff Services Supplies, Materials, Utilities Estimated Maintenance Cost 5,754 3,954 9,708 PUBLIC WORKS DIRECTOR CITY OF BAKERSFIELD MD20.4 -4- CITY OF BAKERSFIELD MAINTENANCE DISTRICT NO. (EAST HILLS) 20 BENEFIT FORMULA The various lots and parcels within the district shall be assessed at the following rates. For each assessable lot or parcel: Assessment shall equal the dollar amount allocated to maintenance and operation for that year of any and all improvements in the district (M), multiplied by: the number of assessable acres, or portion thereof, in the lot or parcel; (AL)' and divided by: the number of assessable acres in the district (AT) Assessment = M x AL AT DH/meg M MD20 4 ASSPDT~ REPORT~ COUNCIL 10 ~ 48AM D~ST# 20 20 20 20 20 20 ~0 PARCEL# ........ 130-161-42-00-4 130-161-44-00-0 130-i61-45-00-3 130-i61-46-00-6 130-161-47-00-9 130-i61-48-00-2 130-161-49-00-5 130-161-50-00-7 130-16i-51-00-0 20 CITY OF BAKERSFIELD BAKERSFIELD MAINTENANCE DISTRICTS LOT/SEC... TRACT NO. ACRES.. PAGE: 1 RUN DATE: 05-15-89 TOTAL AMOUNT... 3 P8267 5.90 575.82 22,29 28 8.99 877.40 8 P8267 23. 10 2,254.70 1 P8267 5.63 549.47 5 P8267 6. 13 598.27 6 P8267 14.14 1,380.02 7 P8267 7.66 747.60 9 P8267 3.04 298.69 2 P8267 24.88 2,428.03 9,708.00 9,708.00 9 ~eco~ds listed.