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HomeMy WebLinkAboutRES NO 213-88RESOLUTION NO. 2±3-~8 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS MANAGER'S REPORT; APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO THE PROPOSED DISTRICT; THE BOUNDARIES THERE- OF; 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. 105], MAINTENANCE DISTRICT NO. 20). WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on October 26, 1988, its Resolution of Intention No. 1053, declaring its intention to establish Main- tenance District No. 20 and to assess the cost of maintaining certain local improvements upon the real property within said dis- trict, 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. 1053 referred said proposed district described in Exhibit "A" attached and assessment to the Public Works Manager, City of Bakersfield, and directed said Public Works Manager 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 13.04 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Public Works Manager has on this date filed with the Clerk of said Council his Report, in writing, containing 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. 1053; 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. 20, Exhibit "C", on file in the offices of the City Clerk and Public Works Manager 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 Manager's Report has been duly presented by said City 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 Public Works Manager'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 assessment against each parcel in said district, is hereby preliminarily adopted, confirmed and approved. 2. WEDNESDAY, NOVEMBER 30, 1988, 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 Clerk at 1501 Truxtun Avenue, Bakersfield, California, at or before said time set for hearing; and said Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointed for said hearing shall present to the Council all such protests filed with said Clerk. 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. 20 (EAST HILLS) NOTICE IS HEREBY GIVEN that the Public Works Manager 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 land- scaping, walls and signs to be borne by all parcels or property within proposed Maintenance District No. 20; generally bounded by 0swell Street on the east, Bernard Street on the south, Mount Vernon Avenue on the west and Freeway 178 on the north. Said Public Works Manager'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 mainte- nance 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 Public Works Manager'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 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 Manager's Report will be heard by the Council at its meeting to be held on WEDNESDAY, NOVEMBER 30, 1988, 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. 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 No. as Shown on Map Exhibit "C": Total Assessment FY 1988-89 130-161-42-00.-4 130-161-43-00-7 130-161-44-00--0 130-161-45-00-3 130-161-46-00-6 130-161-47-00--9 130-161-48-00--2 130-161-49-00--5 130-161-50-00--7 130-161-51-00--0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DATED: 1U-26-88 Council of the City of Bakersfield PUBLIC WORKS MANAGER'S REPORT MAINTENANCE DISTRICT NO. (EAST HILLS) City of Bakersfield Fiscal Year 1988-1989 20 WHEREAS, on Wednesday, October 26, 1988, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1053 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 Manager, directing him to make and file a Report; and Clerk of follows: WHEREAS, the Public Works Manager filed with the City the Council his report, in writing, which Report is as Public Works Manager's Report City of Bakersfield, Maintenance District No. 20, 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 Oswell Street on the east, Freeway 178 on the north, Bernard Street on the south and Mount Vernon Avenue on the west. 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 Manager 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 improve- ments, 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. All 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, street and median landscaping which include, but are not limited to, plant forms, drainage facilities, irrigation system 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 ~or said maintenance district and of special benefit to the terri- tory within the district and of a public nature, including the - 5 - 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 enlargements thereto which may hereafter be made. There may be other improvements of the general nature designated above to be maintained and operated by the district. In most of the City, street landscaping is maintained through the Community Services Department's budget expenditures. After Proposition 13, funds available for street landscaping, and other maintenance were 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 landscaping to be placed in the City--owned lands in the area included within this proposed maintenanoe 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. The estab].ishment of the proposed district has been specifically requested by the 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 commercial and residential owners and/or users therein be established as an integral part of the develop- ment 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 main- tenance thereof. Sensory benefits from installing street land- scaping, 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. 20. 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, Public Works Manager 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 1988-1989 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. 20, subject to be assessed to pay the cost of maintenance and operation in said district. Dated: 10-26-88 E. w. SCHULZ PUBLIC WORKS MANaGeR CITY OF BAKERSFIE~ - 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 October 26, 1988 , by the following vote: AYES: COUNCILMEMBERS: CHILDS, DeMIiNC, SMITH. RATI~ PEri,sON, McOERMOTF SALVA(~(~10 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: None CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED October Z6, 1988 MAYOR of the City of 'Bakersfield APPROVED as to form: Y ~%fq~ORt~ 5~-~he C/~.~of AJS/DH/meg Attachments Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" M MD20 4 R.PWRPT.1 10/25/88 Bakersfield - 8 - EXHIBIT "A" BOUNDARIES OF DISTRICT MAINTENANCE DISTRICT NO. 20 (EAST HILLS) A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portic, n of the North half of Section 22, Township 29 South, Range 28 East, more particularly described as follows: Beginning at the Southeast corner of Parcel 5 of Parcel Map No. 8267 recorded April 27, 1988 in Parcel Map Book No. 35, at Page 183 in the Office of the Kern Cc, unty Recorder. THENCE (1) South 89018'28" West, 604.69 feet; THENCE (2) North 00°27'27" West, a distance of 165.82 feet; THENCE (3) South 89°18'10" West, a distance of 659.60 feet; THENCE (4) South 00°25'32" East, a distance of 670.06 feet; THENCE (5) South 89°19'22" West, a distance of 645.13 feet to a point on a tangent curve concave to the Southeast having a radius of 1292.82: THENCE (6) Southwesterly along the last named curve through a central angle of 33°00'22", an arc distance of 744.75 feet; THENCE (7) South 56°19'00" West, a distance of 445.48 feet to a point on a tangent curve concave to the Northwest having a radius of 1306.80 feet; THENCE (8) Southwesterly along the last named curve through a central angle of 33°01'34", an arc length of 753.26 feet; THENCE (9) South 89°20'34" West, a distance of 209.40 East; THENCE (10) North 00°18'31" West, a distance of 1829.04 feet to a point on the Southerly right of way line of State Ronte 178; THENCE (11) Easterly along the last named right of way line the following 16 courses, North 59°15'34" East, a distance of 73.44 feet; THENCE (12) North 74°00'43" East, a distance of 292.60 feet; THENCE (13) North 77°28'02" East, a distance of 293.21 feet; THENCE (14) North 86°56'15" East, a distance of 488.19 feet; THENCE (15) North 79°42'11" East, a distance of 205.04 feet; 102688 4 LD.MD20.1 Page 1 of 2 TD:mro THENCE (16) North 89~53'51" East THENCE (17) South 61c03'34" East THENCE (18) South 61°01'52" East THENCE (19) South 61°03'53" East THENCE (20) North 89°17'34" East THENCE (21) North 24°39'42" East a distance of 442.30 feet; a distance of 118.82 feet; a distance of 127.49 feet; a distance of 542.42 feet; a distance of 591.45 feet; a distance of 365.42 feet to a point on a nontangent curve concave to the Southwest, having a radius of 790.00 feet, whose rsdiaI bears South 12°05'07" West from said point; THENCE (22) Southeasterly along the last named curve through a central angle of 16°15'06", sn arc distance of 232.35 feet; THENCE (23) South 52°52'16" East, a distance of 247.03 feet to a point on a tangent curve concave to the Northeast having a radius of 270.00 feet; THENCE (24) Southeasterly along the last named curve through a central angle of 36°48'56", an arc distance of 173.49 feet; THENCE (25) North 89°31'08" East, a distance of 101.46 feet; THENCE (26) South 36°04'43" East, a distance of 49.03 feet to a point on the West right of way line of Oswell Street; THENCE (27) North 00o29'22" West, a distance of 115.00 feet; THENCE (28) North 89o30'38" East, a distance of 70.00 feet; THENCE (29) South 00o29'22" East, a distance of 612.64 feet; THENCE (30) South 89°30'38" West, a distance of 70.00 feet to the POINT OF BEGINNING. EXCLUDING THEREFROM the following described parcel: Commencing at the Southeast corner of Parcel 5 of said Parcel Map No. 8267; thence North 00°29'22" West, 322.63 feet to the POINT OF BEGINNING THENCE (1) South 89°17'34TM West THENCE (2) North 00°29'22" West THENCE (3) North 89°17'34" East THENCE (4) South 00°29'22" East to the POINT OF BEGINNING. a distance of 150 feet; a distance of 175.00 feet; a distance of 150.00 feet; a distance of 175.00 feet 102688 4 LD.MD20.2 Page 2 of 2 TD:mro EXHIBIT "B" CITY OF BAKERSFIELD MAINTENANCE DISTRICT NO. (EAST HILLS) 20 BENEFIT FORMULA The various lots and parcels within the district shall be assessed at the following rates. For each assessable lot or parcel: Assessment shall equal the dollar amount allocated to maintenance and operation for that year of any and all improvements in the district (M), multiplied by:: the number of assessable the lot or parcel; (AL)' and divided by: the number of assessable acres, or portion thereof, in acres in the district (AT) Assessment = M x AL AT DH/meg M MD20 4 EXHIBITB 10/14/88 M~ AND ASSESSMENT DIAG ,M FOR MAINTENANCE DISTRICT NO.~O FOR FISCAL YEAR ~98~-198~ EXHIBIT "D" MAINTENANCE DISTRICT NO. 20 FISCAL YEAR 1988-1989 BUDGET Source of Funds Beginning Fund Balance Gross Amosant 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 ASSESSMENT ROLL FISCAL YEAR 1988-1989 Assessment Parcel No. as Shown on Map Exhibit "C": 130-161-42-00-4 130-161-43-00-7 130-161-44-00-0 130-161-45-00-3 130-161-46-00-6 130-161-47-00-9 130-161-48-00-2 130-161-49-00-5 130-161-50-00-7 130-161-51-00-0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Assessment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 M EXHIBITD