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HomeMy WebLinkAboutRES NO 15-83RESOLUTION NO. 15-83 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING 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. 969-MAINTENANCE DISTRICT NO. 7). WHEREAS, the Council of the City of Bakersfield, State Of California, heretofore adopted on the 19th day of January, 1983, its Resolution of Intention No. 969, declaring its intention to establish Maintenance District No. 7 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. 969 referred said proposed district and assessment to the Director of Public Works, City of Bakersfield, and directed said Director to make and file with the Clerk a Report containing the matters specified in Section 13.04.130 and 13.04.140 of said Chapter 13o04 of the Municipal Code of the City of Bakers- field; and WHEREAS, said Director has on this date filed with the Clerk of said Council his Report in writing containing said matters, including the following: (a) a budget 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.969; (c) a description of each parcel of property in the proposed maintenance district; and (d) the amount of assessment to be levied against each parcel; (e) The improvements to be maintained by this district specifi- cally are all the items include.~ in the Landscape Plans for Ming Avenue from Gosford Road to Old River Road and in the Landscape Plans for Old River Road which are on file with the office of the City Engineer and were approved and signed by the City Engineer on November 17, 1982. There may be other improvements of the general nature designated above to be maintained and operated by the District. Any such improvements will be constructed only after plans therefor have been filed with and approved by the City Engineer; and WHEREAS, said Director's Report has been duly presented by said Clerk to the City Council for consideration and has been fully considered by the Council, NOW, THEREFORE, BE IT RESOLVED and directed as follows: 1. Said Director's Report, including the analyis, findings and conclusions set forth therein, the budget, benefit formula, descriptions of property, descriptions of the improvements to be maintained by the district, proposed assessment against each parcel in said district, is hereby pre- liminarily adopted, confirmed and approved,. 2. Wednesday, the 9th day of February, 1983, at 7 o'clock 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 Clerk at 1501 California, at or before said time set for endorse on each protest the date and hour of appointed for said hearing shall present to filed with said Clerk. Truxtun Avenue, Bakersfield, hearing; and said Clerk shall its receipt, and at said time the Council all such protests 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: -2- CITY OF BAKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. NOTICE IS HEREBY GIVEN that the Director of Public Works 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 property within proposed Maintenance District No. 7, extending west from the east boundary of the Arvin Edison Canal to the westerly curb line of the median strip of Old River Road and the area extending north from 30 feet south of the Ming Avenue right of way to the south property line of California State College, Bakersfield, and Media in Section 6, T. 30 S., R. 27 E. Said Director's Report sets forth the amounts budget for maintenance and operation, description of the north right of way of Camino to be provided in the 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 1983 - 1984 against each parcel of property. Said report shall be open to public inspection at the Public Works Director's office, 1501 Truxtun Avenue, Bakersfield, California. Any interested owner objecting to establishment of the district or the boundaries 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 reservation 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 identified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto. -3- Said Director's Report will be heard by the Council at its meeting to be held on Wednesday, on the 9th day of February, 1983, at the hour of 7 o'clock p.m., or as soon thereafter as may be heard, in the regular meeting place of said Council, Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, at which time and place said Council will examine said Report and hear protests, if any. The following are descriptions assessment and the amount of the proposed property as set forth in the report. Assessment No. 1 2 Dated: Janugry 19, of the parcels of property subject to assessment against said parcel of Assessor's Total Assessment Parcel No. PTN 357-010-14 0.00 PTN 357-010-33 0.00 1983 Philip Kelrngr City Clerk, City of Bakersfield 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 the 19th day of January, 1983 by the following vote: CIT~iERK~n~dEx ~fficio Clerk of the Council of the City of Bakersfield APPRO~ his 19%h day of Janugl~Y, 19 83  e Cit; ~f Bakersfield APPROVED as to form: -4- FI'LED PUBLIC WORKS DIRECTOR' S REPORT MAINTENANCE DISTRICT NO. City of Bakersfield Fiscal Year 1983 - 1984 JAN 17 9 :: 51 WHEREAS, on the 19th day of January, 1983, the Council of the City of Bakersfield adopted its Resolution of Intention No. 969 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 WHEREAS, the Director of Public Works filed with the Clerk of the Council his Report in writing, which Report is as follows: PUBLIC WORKS DIRECTOR'S REPORT City of Bakersfield, Maintenance District No. 7 is generally described as a district within the City of Bakersfield extending west from the east boundary of the Arvin Edison Canal to the westerly curb line of the median strip of Old River Road and the area extending north from 30 feet south of the Ming Avenue right of way to the south property line of California State College, Bakersfield, and the north right of way of Camino Media in Section 6, T. 30.S., R. 27 E. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Munici- pal Code of the City of Bakersfleld, referred to as the Bakersfield Main- tenance District Procedure, the Director of Public Works 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. The improvements to be maintained by this district specifically are all the items included in the Landscape Plans for Ming Avenue from Gosford Road to Old River Road and in the Landscape Plans for Old River Road which are on file with the office of the City Engineer and were approved and signed by the City Engineer on November 17, 1982. There may be other improvements of the general nature designated above to be maintained and operated by the District. Any such improvements will be constructed only after plans therefor have been filed with and approved by the City Engineer. The improvements generally include signs and sign posts, walls and fences and 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, 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, improve- ments and enlargements thereto which may hereafter be made. In most of the City, street landscaping and parks are maintained through this Department's budget expenditures. After Proposition 13, funds available for street landscaping, parks and other maintenance were substan- tially reduced. At present the Department's budget will not accommodate maintenance of new improvements of the type described above and proposed for newly development areas within the City. Thus, absent funds for maintenance 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 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 expenditure, either present or future. -2- 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 ameni- ties specially designed to enhance the living environment of future commercial owners and/or users therein be established as an integral part of the development process. The proposed district is designated for 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 enhancement and increased market value will accrue to the lots or parcels and owners and users thereof within proposed 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 Attachment hereto. NOW, THEREFORE, I, Dale Hawley, 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 1983 -1984. -3- Said assessment is made in accordance with the benefit formula attached hereto. 1983 - 1984 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 0.00 0.00 0.00 0.00 0.00 Total 0.00 Use of Funds City Staff Services Supplies, Materials, Utilities Estimated Maintenance Cost Total 0.00 0.00 0.00 0.00 Dated: ASSESSMENT ROLL FISCAL YEAR 1983 - 1984 Assessment Assessor's Total No. Parcel No. Assessment 1 PTN 357-010-14 2 PTN 357-010-33 0.00 0.00 -4- MAINTENANCE 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 government-owned land within the district or lot or parcel. ATTACHMENT