HomeMy WebLinkAboutRES NO 85-89RESOLUTION NO. 85-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD FOR MAINTENANCE DISTRICT NO. 7
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. 7 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. 7 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:
AYES: COUNCILMEMSE~: /% NTHONY, DeI~OND, SMITH, RATFY, PETERSON, McDERMOTT, SALVAGGIO
NOES. COUNCILMEMBERS: f~one
ABSENT: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS: None
Assistant
CITY CLERK and Ex Offic~ Cl~rk of the
Council of the City of Bakersfield
APPROVED June 5, 1989
MAYOR of the City of Bakersfield
APPROVED as to form:
Attachments
M MAIN 4
MAIN7.1
5/31/89
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PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO.
City of Bakersfield
Fiscal Year 1989-90
City of Bakersfield Maintenance District No. 7 is generally described
as a district within the City of Bakersfield extending west from the west bound-
ary of the Arvin Edison Canal to the westerly curb line of the median strip of
Old River Road and the area extending north from the centerline of Ming Avenue
to the south property line of California State Aollege, Bakersfield, and the
north right of way of Camino Media in Section 5, 6, 7, and 8, T. 30 S., R. 27 E.
and a parcel of land south of the centerline of Ming Avenue, in Sections 7 and
8, T. 30, R. 27 E. described as follows:
Commencing at the intersection of the centerline of Old River Road with the cen-
terline of Ming Avenue, as shown on Parcel Map No. 6547, in Book 29 of Parcel
Maps, at Page 83, in the Office of the County Recorder of Kern County, said cen-
terline of Ming Avenue also being the North line of Section 7; thence North
89°11'19" West, on and along said North line of Section 7 a distance 13.00 feet,
to the True Point of Beginning; thence North 00°22'25" East, 1746.00 feet;
thence South 89o37'35" East, 104.00 feet, to the beginning of a tangent curve,
concave southerly, having a radius of 831.00 feet; thence easterly, on and along
said curve, through a central angle of 16%0'04", an arc distance of 241.74
feet, to the beginning of a second curve, concave southwesterly, having a radius
of 831.00 feet, from which point the radial point of said curve bears South
18°39'53" West; thence southeasterly, on and along said curve, through a central
angle of 22°43'41", an arc distance of 329.64 feet; thence South 48°52'50" East,
320.08 feet, to the beginning of a non-tangent curve, concave northeasterly,
having a radius of 725.00 feet, from which point the radial point of said curve
bears North 39°53'16" East, thence southeasterly, on and along said curve,
through a central angle of 39o02'07", an arc distance of 493.94 feet, to a point
on the west line of the southwest quarter of Section 5; thence South 00°22'47"
West, on and along said quarter section line, a distance of 45.00 feet, to a
point on the centerline of Camino Media; thence South 89o10'39" East, on and
along said cente21ine, a distance of 3893.79 feet, to a point on the west right
of way line of the Arvin Edison Canal; thence South, on and along said right of
way line the following courses (1) South 00°34'54" West, 107.757 feet, to the
beginning of a t!ngent curve, concave to the West, having a radius of 950.00
feet; thence (2) South, on and along said curve, through a central angle of
01°10'30", an arc distance of 19.43 feet; thence (3) South 0i%5'24" West,
295.78 feet, to the beginning of a tangent curve, concave to the East, having a
radius of 1050.00 feet; thence (4) South, on and along said curve, through a
central angle of 05o00'00", an arc distance of 91.63 feet; thence (5) South
03°14'36" East, 199.52 feet, to the beginning of a tangent curve, concave to the
West, having a radius of 950.00 feet; thence (6) South, on and along said curve,
through a central angle of 05o00'00", an arc distance of 82.90 feet; thence (7)
South 01o45'24" West, 422.83 feet; thence North 89o09'52" West, 555.03 feet;
MD7.NP1 -1-
thence South 89°58'03" West, 330.04 feet; thence North 89°09'52" West, 259.50
feet; thence South 45°50'08" West, 70.00 feet; thence North 89°09'52" West,
72.00 feet; thence South 00°50'08" West, 10.00 feet; thence North 89o09'52"
West, 60.00 feet; thence North 44°09'52" West, 72.00 feet; thence South
00°50'08" West, 10.00 feet; thence North 89°09'52" West, 60.00 feet; thence
North 44°09'52" West, 70.00 feet; thence North 89°09'52" West, 151.50 feet;
thence North 84°24'03" West, 120.42 feet; thence North 89°09'52" West, 995.i4
feet; thence South 45°50'08" West, 73.34 feet; thence North 89°09'52" West,
72.00 feet; thence South 00°50'08" West, 8.30 feet; thence North 89°09'52" West,
60.00 feet; thence North 44°09'52" West, 70.94 feet; thence North 89°09'52"
West, 150.84 feet; thence North 84°24'03" West, 120.42 feet; thence North
88°17'47" West, 330.04 feet; thence North 89°09'52" West, 415.48 feet, to a
point on the east line of Section 7, thence North 89°i1'19" West, 59i.56 feet;
thence South 89°56'36" West, 330.04 feet; thence North 89°11'19" West, 248.84
feet; thence South 45°35'33" West, 71.16 feet; thence North 89°37'35" West,
103.00 feet; thence North 00°22'25" East, 135.20 feet, to a point on the north
line of Section 7, which is also the centerline of Ming Avenue and the True
Point of Beginning.
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 dis-
trict to be assessed for the cost of maintaining and operating local public impro-
vements, 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. There may be other improvements of the general nature
designated above to be maintained and operated by the distr~ct. Any such improve-
ments 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 signs and sign posts, walls, fences, street and parkway
landscaping, which include, but are not limited to, plant forms, drainage
facilities, irrigation systems, 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, repla-
MD7.2 2
cements, 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.
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 developed 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 dis-
trict will be utilized strictly for the purposes of and applied to the mainte-
nance 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 co~rcial owners and/or
users therein be established as an integral part of the developr~nt process.
The district is designated for commercial development. Because of the natural
boundaries of the area occasioned in part by the character and timing of sur-
rounding development, the area within the district will receive the greatest
benefit from the contemplated improvements and maintenance thereof. Sensory
benefits fr~ installing street landscaping, signs, walls and fences, including
MD7.3 3
heat regulation, some noise attentuation and/or esthetic enhancement and
increased market value will accrue to the lots or parcels and owners and users
thereof within Maintenance District No. 7. 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 Formula is set forth in the Attachn~nt hereto.
NOW, THEREFORE, I, E. W. SC~{ULZ, 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. 7, subject to be assessed to pay the
cost of maintenance and operation in said District for the fiscal year 1989-90.
MD7.4 4
Said assessment is made in accordance with the benefit for~ala
attached hereto.
1989-1990
BUDGET
Sources of Funds
Beginning Fund Balance
Gross Amount Required
Armpunt of Contribution by City
Amount of Advances by City
Net Balance, to be assessed
Total
13,791
69,073
55,282
Use of Funds
City Staff Services or Contract
Supplies, Materials, Utilities
Estimated Maintenance Cost
34,828
20,454
55,282
City of Bakersfield
MD7.5 5
MAINTS~qANCE DISTRICT NO. 7
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 from the total acreage in the district or lot
or parcel, the acreage of public streets and other govern-
ment owned land within the district or lot or parcel.
MD7.6 ATTACF~ENT
ASSPDT~REPORT. COUNCIL CITY OF BAKERSFIELD PA~E~ 1
03:21PM BAKERSFIELD MAINTENANCE DISTRICTS RUN DATE: 05-10-8~
DIST#
PARCEL# ........ LOT/SEC... TRACT NO. ACRES..
7 390-010-13-00-5 1 PM6547 18.48
7 3~0-010-14-00-8 6,30 27 8.50
7 390-010-15-00-1 6,30 27
7 390-010-21-00-8 PM6547 2.25
7 3~0-010-22-00-I PM8547 2.06
7 390-010-27-00-6 5,30 27
7 390-010-32-00-0 5,30 27 1.48
7 390-010-33-00-3 5,30 27 89.72
TOTAL
AMOUNT...
8,340.37
3,836.21
0.00
1,015.47
929.72
0.00
667.~5
40,492.28
55,282.00
55,282.00
8 eecoeds listed.