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Home My WebLink AboutRES NO 93-89RESOLUTION NO. 93-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD FOR MAINTENANCE DISTRICT NO. 15 APPROVING AND ADOPTING THE 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. 15 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 of 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. 15 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 a3sessments 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, 1~8~ , by the following vote: AYES: COUNCILMEM BERS: ANTHONY, DeMOND, SMITH, RATTY, PETERSON, McDERMOTT, SALVAGGIO ABSENT: COUNCILMEMBERS ~TAJN: COUNCILMEMBERS: Assistant ¢[~¥ C~ER[ and E~ 0£[fc~o ClerA o~ the Council of the Cit¥ o~ Bakersfield APPROVED June 5, 1D89 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ~i ~ the~ aJS/DH/meg ~ Attachments M WIN 4 MAIN15.1 5/31/89 - 2 - PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. City of Bakersfield Fiscal Year 1989-90 15 City of Bakersfield, Maintenance District No. 15, is generally described as a district within the City of Bakersfield, generally bounded by Pacheco Road on the North, Wible Road on the West, Freeway on the East and Panama on the South. 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 maintained and operated by the district. All such improvements will be constructed or only after plans therefor have been filed with and approved by the City Engineer. The improvements generally include signs and sign posts, walls, fences, street and parkway landscaping which include, but are not limited to, plant forms, drainage facilities, irrigation system pipes, conduits, water mains and/or sprinkler systems and ornamental planting, including turf, lawns, shrubs, hedges, ground covers and trees now existing or hereafter to be constructed, laid or planted in and for said maintenance district, and of special benefit to the territory within 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 MD15.1 -1- 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 Co~unity 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 improvements of the type described above and proposed for new development areas within the City. Thus, absent funds for maintenance costs from a source than general tax revenues, the City will not accept or permit median strips or other landscaping or signs or walls 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 expenditures, either present or future. The establishment of the proposed district has been specifically requested by the present owner and 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 development. Because of the nature bounderies of the area occasioned in part by the character and timing of surrounding development, th~ area within the proposed district will receive the greatest benefit from th! contemplated improvements and maintenance thereof. Sensory benefits fr~m installing street landscaping, signs, walls and fences, including heat r~qulation, some noise attentuation MD15.2 -2- and/or esthetic enhancement and increased market value, will accrue to the lots 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. The benefit for~la is set forth in the attachment hereto. 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 following budget and assessment upon all parcels of property within Maintenance District No. 15, subject to be assessed to pay the cost of maintenance and operation in said district for the Fiscal Year 1989-90. MD15.3 3 Said assessment is made in accordance with the benefit formula attached hereto. 1989 - 1990 BUDGET Sources of Funds Beginning Fund Balance Gross Amount Required Amount of Contribution by City Amount of Advances by City Net Balance, to be Assessed Total $-7,673 10,016 $ 2,343 Use of Funds City Staff Services or Contract Supplies, Materials, Utilities Estimated Maintenance Cost $ 1,405 938 $ 2,343 PUBLIC WORKS DIRECTOR City of Bakersfield 52589 MD15.4 4 MAINTENANCE DISTRICT NO. 15 CITY OF BAKERSFIELD BENEFIT FORMULA The various lots and parcels within the district shall be assessed as follows: In each fiscal year, each lot or parcel shall be assessed a fraction of the cost of operating the district for that year, which fraction shall be determined by dividing the number of assessable acres (including parts thereof) in the lot or parcel by the total number of assessable acres in the district. The number of assessable acres shall be determined by subtracting frc~n the total acreage in the district or lot or parcel, the acreage of public streets and other government-owned land within the district or lot or parcel. MD15.5 AS8PDT. REPORTiCOUNCIL CITY OF BAKERSFIELD PAQE: 1 05:51PM BAKERSFIELD MAINTENANCE DISTRICTS RUN DATE: 05-10-89 DIST# PARCEL# ........ LOT/SEC.., TRACT NO. ACRES.. 372-010-35-00-7 1 PM7662 8.52 372-010-36-00-0 2 PM7662 3.00 372-010-37-00-3 3 PM7662 5.80 372-010-38-00-6 4 PM7662 14.40 372-010-39-00-9 5 PM7662 5.10 372-010-40-00-1 6 PM7662 10.11 372-010-41-00-4 7 PM7662 5.02 372-010-42-00-7 8 PM7662 5. 10 372-010-43-00-0 9 PM7662 5.10 372-010-46-00-9 12 PM7662 4.33 372-010-47-00-2 13 PM7662 4.40 372-010-52-00-6 PTN3 PM7662 6.00 372-010-53-00-9 PTN3, I0 PM7662 3.13 372-010-56-00-8 PTNIO, 11 PM7662 5.38 372-010-57-00-1 PNIi PM7662 4.79 372-021-02-00-1 2 PM7661 5.10 372-021-03-00-4 3 PM7661 5.08 372-021-04-00-7 4 PM7661 5.00 372-021-05-00-0 5 PM7661 4.87 372-021-06-00-3 6 PM7661 1.00 372-021-07-00-6 7 PM7661 1.00 372-021-09-00-2 9 PM7661 1.32 372-021-10-00-4 10 PM7661 6. il 372-021-11-00-7 11 PM786i 6.13 372-021-35-00-7 PTN1 PM7661 3.83 372-021-36-00-0 PTN1 PM7661 3.83 372-021-37-00-3 PTN1 PM7661 7.65 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 15 TOTAL AMOUNT... 147.57 51.96 0.00 249.00 88.33 175.11 86.95 88.33 88.33 75.00 76.21 103.92 54.21 93.18 82.96 88.33 87.98 86.60 84.35 17.32 17.32 22.86 105.83 106.17 66.34 66.34 132.50 2,343.00 2, 343. O0 27 records listed.