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HomeMy WebLinkAboutRES NO 79-89RESOLUTION NO. 79-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT; APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO THE PROPOSED DISTRICT; THE BOUNDARIES THEREOF; THE FAIRNESS OF THE BENEFIT FORMULA; THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL AND THE RESERVATION OF RIGHT TO PERFORM WORK BY CITY FORCES (RESOLUTION OF INTENTION NO. 1064, MAINTENANCE DISTRICT NO. 26, OSWELL). WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on May 31, 1989, its Resolution of Intention No. 1064, declaring its intention to establish Main- tenance District No. 26 and to assess the cost of maintaining certain local improvements upon the real property within said district, in accordance with Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Council in and by said Resolution of Intention No. 1064 referred said proposed district and assessment to the Public Works Director, City of Bakersfield, and directed said Public Works Director to annually prepare and file with the Clerk, a Report containing the matters specified in Section 13.04.130 and 13.04.140 of said Chapter 13.04 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Public Works Director has on this date filed with the Clerk of said Council his Report, in writing, con- taining said matters, including the following: (a) a Budget, Exhibit "D", containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; (b) the Benefit Formula previously set forth as Exhibit "B" to Resolution of Intention No. 1064; (c) a description of each parcel of property in the proposed maintenance district; (d) the amount of assessment to be levied against each parcel; and (e) the improvements to be maintained by this district specifically are various items included in Landscape Plans within the boundaries as shown on Map and Assessment Diagram for Maintenance District No. 26, Exhibit "C", on file in the offices of the City Clerk and Public Works Director of the City. All such improvements will be constructed only after plans therefor have been filed with and approved by the City Engineer; and WHEREAS, said Public Works Director's Report has been duly presented by said City Clerk to the City Council for consid- eration and has been fully considered by the Council. NOW, THEREFORE, BE IT RESOLVED and directed as follows: 1. Said Public Works Director's Report, including the analysis, findings and conclusions set forth therein, the budget, benefit formula, descriptions of property, descriptions of the improvements to be maintained by the district, proposed assess- ment against each parcel in said district, is hereby preliminarily adopted, confirmed and approved. 2. WEDNESDAY, JUNE 14, 1989, at 7:00 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place for hearing protests on the following matters: ESTABLISHMENT OF THE DISTRICT; BOUNDARIES OF THE DISTRICT; FAIRNESS OF THE BENEFIT FORMULA; THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL OF PROPERTY TO BE ASSESSED; RESERVATION BY CITY OF RIGHT TO ELECT WHETHER TO PROCEED TO PERFORM WORK BY CITY FORCES. Any interested person may object to any of the above-listed matters by filing a written protest with the City Clerk at 1501 Truxtun Avenue, Bakersfield, California, at or before said time set for hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointment for said hearing shall present to the Council all such protests filed with said Clerk. - 2 - 3. The City Clerk is hereby further directed to cause notice of said hearing to be published, posted and mailed in the manner prescribed by Sections 13.04.150 through 13.04.170 of the Bakersfield Municipal Code, said notice to be completed not less than ten (10) days prior to such hearing. The form of notice shall be substantially as follows: CITY OF BAKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. 26 NOTICE IS HEREBY GIVEN that the Public Works Director of the City of Bakersfield has caused to be prepared and filed with the City Clerk a Report, in writing, which provides the basis for the benefit assessment for maintaining street and parkway landscaping, walls and signs to be borne by all parcels or prop- erty within proposed Maintenance District No. 26, generally bounded by Virginia Avenue on the north, Oswell Street on the west, Dee Street on the south and Sterling Road on the east. Said Publ£c Works Director's Report sets forth the amounts to be provided in the budget for maintenance and operation, description of the improvements to be maintained by the district, a description of each parcel of property in the proposed maintenance district by a description sufficient to identify the same, and the amount of assessment to be levied for the Fiscal Year 1988-1989 against each parcel of property. Said report shall be open to public inspection at the Office of the Director of Public Works, 1501 Truxtun Avenue, Bakersfield, California. Any interested owner objecting to establishment of the district or the bo~ndaries of the district or the fairness of the benefit formula or the amount of the assessment on any of his or her parcel or parcels of property to be assessed, or the reserva- tion by the City of its right to elect to perform the work of maintenance by City forces, may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him/her, describing the parcel of property so that it may be iden- tified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto. Said Public Works Director's Report will be heard by the Council at its meeting to be held on WEDNESDAY, JUNE 14, 1989, at the hour 7:00 P.M., or as soon thereafter as may be heard, in the regular meeting place of said Council, City Hall, Council Chambers, 1501 Truxtun Avenue, Bakersfield, California, at which time and place said Council will examine said Report and hear protests, if any. - 3 - The following are descriptions of the parcels of property subject to assessment and the amount of the proposed assessment against said parcel of property as set forth in the report. Assessment Parcel as Shown on Map Exhibit "C": NO. Total Assessment 143-160-01-00-2 143-160-03-00--8 0.00 0.00 DATED: .MAY $ 1 1989 CITY CLERK an Ex Officio Clerk of the Council of the City of Bakersfield - 4 - City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. (OSWELL) Fiscal Year 1988-1989 26 WHEREAS, on WEDNESDAY, MAY 31, 1989, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1064 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to make and file a Report; and Clerk of follows: WHEREAS, ~he Public Works Director filed with the City the Council his Report, in writing, which Report is as Public Works Director's Report City of Bakersfield, Maintenance District No. 26, is generally described in Exhibit "A", attached hereto and incorpo- rated herein by reference as though fully set forth, as a district within the City of Bakersfield generally bounded by Virginia Avenue on the north, Oswell Street on the west, Dee Street on the south and Sterling Road on the east. 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 plan- ning 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 only after plans there- for have been filed with and approved by the City Engineer. The improvements generally include signs and sign posts, walls and fences, and street and median landscaping which include, but are not limited to, plant forms, drainage facilities, irrigation sys- tem pipes, conduits, water mains and/or sprinkler systems and orn- amental 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 - 5 - 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 and enlarge- ments thereto which may hereafter be made. There may be other improvements of the general nature designated above to be main- tained and operated by the district. In most of the City, street landscaping is maintained through the Community Services Department budget expenditures. After Proposition 13, funds available for street landscaping, and other maintenance ~ere substantially reduced. At present, the department's budget will not accommodate maintenance of new improvements of the type described above and proposed for newly development area 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 median strip 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 dis- trict 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 proposed district has been specifically requested by the owner/subdivider of all property located within the district, in order that funding for the mainte- nance 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 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 proposed district will receive the greatest benefit from the contemplated improvements and maintenance thereof. Sensory benefits from installing street landscaping, signs, walls and fences, including heat regulation, some noise attenuation and/or esthetic enhance- ment and increased market value will accrue to the lots or parcels and owners and users thereof within proposed Maintenance District No. 26. 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 resolution as though fully set forth herein. - 6 - NOW, THEREFORE, I, E. W. SCHULZ, Director of Public Works 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 1988-89 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. 26, subject to be assessed to pay the cost of mainte- nance and operation in said district. MAY $ 1 1989 Dated: E. W. SCHULZ~ \_ DIRECTOR OF PUBLIC ~RKS CITY OF BAKERSFIELDkQ - 7 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 _ M~y 31~ 1989 , by the following vote: · ~oo~l~l r. COUNCILMEMBER~ NO rl ~. AI~,TAIN: COIJNCILMENiBER~ .W O]1 e CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED M~y 31, 1989 MAYOR of the City of Bakersfield APPROVED as to form: ///~/~R~UI ~TJ6RNSE F~r ~/ARTHUR J F~ sfield AJS/DH/meg Attachments Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" M MAIN 4 MD26.RPT1 5/19/89 - 8 - EXHIBIT "B" CITY OF BAKERSFIELD MAINTENANCE DISTRICT NO. 26 (OSWELL) BENEFIT FORMULA The various lots and parcels within the district shall be assessed at the following rates: For each assessable lot or parcel, the assessment shall be: 1. Non-Residential Zone or Use Assessment shall equal the dollar amount determined by: A portion of the total number of dollars budgeted by the district ~or 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 AT 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 ~or maintenance and operation of the assessment Page 1 of 3 Maintenance District No. Benefit Formula EXHIBIT "B" - Continued 26 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 ~mprovements in the district including parks and any improvements in or on any parks or incident thereto, less the total amount from (1) above, (MR + p), multiplied by the numeral 1.4, 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 x 1.4) 1.4 D1 + D2 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 improvements in the district including parks and any improvements in or on any parks or incident thereto, less the total amount amount from (1) above, (MR + p), multiplied by: the number' of dwelling units constructed or permitted to be constructed on the lot or parcel; (DL)' Page 2 of 3 Maintenance District No. Benefit Formula EXHIBIT "B" - Continued 26 divided by the sum of: the number of detached dwelling units constructed or per- mitted to be constructed in the district*, multiplied by the numeral 1.4, and (D1), the number of attached dwelling units constructed or per- mitted to be constructed in the district**, (D2)' Assessment = (MR + P) DL 1.4 D1 + D2 Detached dwelling units (those dwelling units not joined to any others by any common walls) are deemed permissible in areas zoned R-1. 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 common walls) are deemed permissible in area zoned R-2.. The number of attached dwelling units permit- ted to be constructed on a lot or parcel shall be deemed to be the numeral 12 multiplied by the number of assess- able acres, or portion thereof, in the parcel or lot, rounded off to the nearest whole number. DH/meg M MAIN 4 MD26.EXB.1 5/11/89 Page 3 of 3 6) (4 ~ ,v/'gg&T EXHIBIT "D" MAINTENANCE DISTRICT NO. FISCAL YEAR 1988-1989 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 Use of Funds City Staff! Services Supplies, Materials, Utilities Estimated Maintenance Cost Total 26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ASSESSMENT ROLL FISCAL YEAR 1988-1989 Assessment Parcel No. as Shown on Map Exhibit "C": 143-160-01-00--2 143-160-03-00--8 Total Assessment 0.00 0.00 DAH/meg M MAIN 4 MD26.EXD.1 5/11/89