HomeMy WebLinkAboutRES NO 89-89RESOLUTION NO. 89-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD FOR MAINTENANCE DISTRICT NO. 11
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. ll 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. 11 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:
A'fE$: COUNOILMEMSERS: ANTHONY, [~eMOND, SMITH, RATTY, PETERSON, McOERMOTr, SALVAGGIO
NOES: COUNCILMEMSERS; l~one
ABSENT: COI.INCtLMEMBE~S None
A~STAI N: COUNCILMEMBERS; None
~ , ~ //~ ~'/
Assistant CITY CLERK and Ex Offic~(~ Clerk of the
Council of the City of Bakersfield
APPROVED June 5, 1989
MAYOR of the City of Bakersfield
APPROVED as to form:
AJS/DH/meg.~
Attachments
M MAIN 4
MAINll.1
5/31/89
- 2 -
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO.
City of Bakersfield
Fiscal Year 1989-1990
11
City of Bakersfield, Maintenance District No. 11 is generally
described as a district within the City of Bakersfield generally bounded by a
line 13 feet East of the centerline of Stine Road on the East, Panama Lane on
the South, the Arvin-Edison Canal on the West, and the Southern Pacific right-of-
way on the North.
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 to be maintained by this district generally include
parks, 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
MDll.P1 -1-
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 and parks are maintained
through the Community Services Department's budget expenditures. After
Proposition 13, funds available for street landscaping, parks and other mainte-
nance were substantially reduced. At present, the department's budget will not
accommodate maintenance of new improvements of the type described above and pro-
posed for newly development areas within the City. Thus, absent funds for mainte-
nance costs from a source other than general tax revenues, the City will not
accept or permit parks or median strip or other landscaping or signs or walls to
be placed in the City-owned lands in the area included within this maintenance
district. The funds generated as the result of the establishment of the 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 establishment of the 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 ~ntegral part of the development process. The
district is designated for residential and commercial development. Because of the
natural boundaries of the area occasioned in part by the character and timing of
surrounding development, the area within the district will receive the greatest
benefit from the contemplated improvements and maintenance thereof. Sensory bene-
fits from installing street landscaping, signs, walls and fences, including heat
regulation, some noise attenuation and/or esthetic enhancement and increased mar-
MDll.2 -2-
ket value will accrue to the lots or parcels and owners and users thereof within
_: ....... ~._ _~. .... ~ T ~ ' .......... ~'~ to the
The benefits will inure to the lots or parcels uniformly, and will be assessed at
a uniform acreage rate.
The benefit formula 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. 11, subject to be assessed
to pay the cost of maintenance and operation in said district for the Fiscal
Year 1989-1990.
MDll. 3 -3-
Said assessment is made in accordance with the benefit formula
attached hereto.
1988 - 1989
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
-0-
-0-
Use of Funds
City Staff Services or Contract
Supplies, Materials, Utilities
Estimated Maintenance Cost
-0-
-0-
DATED:
PUBLIC WORKS D~RECTOR
City of Bakersfield
MDll.4 -4-
MAINTENANCE DISTRICT NO. 11
CITY OF BAKERSFIELD
BENEFIT FORMULA
The various lots and parcels within the district shall be assessed at the fol-
lowing rates:
For each assessable lot or parcel the assessment shall be:
(1) Non-R~sidential Zone us Use.
Assessment shall equal the dollar amount determined by:
A portion of the total number of dollars budgeted by the
district for maintenance and operation of the assessment
district for the year in which the assessment is levied
equal to the dollar amount allocated to maintenance and
operation for that year of any and all improvements in
the district except parks and except any improvements
in or on any parks or incident thereto (MT)'
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 = MT x AL
(2) R-1 Residential Zone or Use
Assessment shall equal the dollar amount determined by:
A portion of the total number of dollars budgeted by the
district for maintenance and operation of the assessment
district for the year in which the asessment is levied equal
to the dollar amount allocated tomaintenance and operation
for that year of any and all improvements in the district in-
cluding parks and any improvements in or on any parks or in-
cident thereto, less the total amount frc~ (1) above.
(MR + P),
multiplied by the numeral 1.4,
Page 1 of 3
MDll.A1
divided by the sum of:
the number of detached dwellin~ units constructed or permitted to be
constructed in the district* (~1),
multiplied by the numeral 1.4,
and
the number of attached dwelling units constructed or permitted to be
constructed in the district ** (D2)'
Assessment = (MR + P) 1.4
1.4D1 + D2
(3) R-2 Residential Zone or Use.
Assessment shall equal the dollar amount determined by:
A portion of the total number of dollars budgeted by the district for
maintenance and operation of the assessment district for the year in
which the assessment is levied equal to the dollar amount allocated
to maintenance and operation for that year of any and all improve-
ments in the district including parks and any improvements in or on
any parks and any improvements in or on any parks or incident
thereto, less the total amount from (1) above. (MR + p),
multiplied by:
the number of dwelling units constructed or permitted to be con-
structed on the lot or parcel; (DL)'
divided by the sum of:
the number of detached dwelling units constructed or permitted to be
constructed in the district*, (D1)'
multiplied by the numeral 1.4,
and
the number of attached dwelling units constructed or permitted to be
constructed in the district**, (D2)'
Assessment = (MR + p) DL
1.4 D1 + D2
MDll.A2 Page 2 of 3
Detached dwelling units (those dwelling units not joined to any oth-
The number of detached dwelling units permitted to be constructed on
a lot or parcel shall be deemed to be the numeral 5 multiplied by the
number of assessable acres, or portion thereof, in the parcel or lot,
rounded off to the nearest whole number.
Attached dwelling units (those joined to another by one or more com-
mon walls) are deemed permissible in area zoned R-2. The number of
attached dwelling units permitted to be constructed on a lot or par-
cel shall be deemed to be the numeral 12 multiplied by the number of
assessable acres, or portion thereof, in the parcel or lot, rounded
off to the nearest whole number.
MDll.A3 Page 3 of 3
ASSPDT. REPORT. COUNCIL CITY OF BAKERSFIELD ~ACE: 1
04:I~PM BAKERSFIELD MAINTENANCE DISTRICTS RUN DATE: 05-10-8~
DIST# PARCEL# ........ LOT/SEC... TRACT NO.
ACRES..
11 370-020-22-00-8 PTN4 PM6868 37.00
11 370-020-30-00-1 22,30 27 i15.79
I1 370-020-35-00-6 PTN4 PM6868 179.80
11 370-020-36-00-9 3 PM6868 5.00
11 370-020-37-00-2 2 PM6868 77.90
11
5 records listed.
TOTAL
AMOUNT...
O, 00
O. CO
O. O0
O. O0
O. 00
O. O0
O. O0