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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 - 2 - 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.