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:
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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.
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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:
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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.
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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.
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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
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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