HomeMy WebLinkAboutRES NO 123-88RESOLUTION NO. 123-88
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
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. 1047, MAINTENANCE DISTRICT NO. 18).
WHEREAS, the Council of the City of Bakersfield, State
of California, heretofore adopted on June 22, 1988, its Resolution
of Intention No. 1047, declaring its intention to establish Main-
tenance District No. 18 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. 1047 referred said proposed district 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 budget containing the matters specified in
Section 13.04.130 of the Bakersfield Municipal
Code;
The benefit formula previously set forth as
Exhibit "B" to Resolution of Intention No. 1047;
A description of each parcel of property in the
proposed maintenance district;
The amount of assessment to be levied against each
parcel; and
The improvements to be maintained by this district
specifically are the slopes, roads and drainage
faci].ities within the slope easements dedicated to
the City on the title sheet of Tract 4487 as shown
on map and assessment diagram for Maintenance
District No. 18, Exhibit "B." Such improvements
have been constructed and completed pursuant to
plans which have been filed with and approved
by the City Manager; and
WHEREAS, said Public Works Manager's Report has been
duly presented by said Clerk to the City Council for consideration
and has been fully considered by the Council.
NOW, TtIEREFORE, BE IT RESOLVED and directed as follows:
1. Said Public Works Manager's Report, including the
analysis, ~indings 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
adoptea, confirmed and approved.
2. Wednesday, the 27th daf of July, 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;
BOUNDAKIES OF THE DISTRICT;
FAIRNESS OF THE BENEFIT FORMULA;
THE AMOUNT OF THE ASSESSS~NT ON ANY PARCEL OF
PROPERTY' TO BE ASSESSED;
RESERVATION BY CITY OF RIGHT TO ELECT %~HETHER
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 ior sai¢~ hearing shall present to the Council all
such protests liled with said Clerk.
3. The City Clerk is hereby further directed to cause
notice of said nearing 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.
18
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 slopes easements
dedicated to the City within Tract 3933, to be borne by all parcels
or property within proposed Maintenance District No. 18, generally
comprised of all lots within Tract 4487 and Lots 47, 48, 49, 50,
51, 52 and 54 of Tract 3933, Unit A, and Lots 1 through 5, 8
through 22, and 29 through 41 of Tract 3933, Unit B, generally
in the vicinity of Panorama Drive and Charger Avenue on the south,
Meadow Vista Court on the west, Dorset Drive on the north and
Fairfax Road on the east.
Said Public Works Manager's Report sets forth the
amounts to be provided in the budget for maintenance and opera-
tion, 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 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 so property to be assessed, or the reserva-
tion by the City of its right to elect to perform t~e work of
maintenance by City forces, may ~ile 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.
Sa~d Public %{orks Manager's Report will be heard by the
Council at its meeting to be held on Wednesday, the 27th day of
July, 1988, at the hour oi 7:00 p.m., or as soon thereaiter 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 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.
- 3
~ACr/LO~
4487-1
4487-2
4487-3
4487-4
4487-5
4487-6
4487-7
4487-8
4487-9
4498-10
4487-11
4487-12
4487-13
4487-14
4487-15
4487-16
4487-17
4487-18
4487-19
4487-20
4487-21
4487-23
4487-24
4487-25
4487-26
4487-27
3933B-36
3933B-37
3933B-38
3933B-39
3933B-40
3933B-41
3933B-29
3933B-30
3933B-31
3933B-32
3933B-33
39338-34
3933B-35
3933B-16
3933B-17
3933B-18
3933B-19
3933B-20
3933B-21
3933B-22
3933B-8
3933B-9
3933B-10
3933B-11
ASSESSMENT
PARCEL NUMBER
AS SHOWN ON
MAP EXHIBIT "B"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
COUNTY ASSESSOR'S
PARCEL NUMBER:
146-372-01
146-372-02
146-372-03
146-372-04
146-372-05
146-372-06
146-372-26
146-372-15
146-372-16
146-372-17
146-372-18
146-372-19
146-372-20
146-373-01
146-373-02
146-373-03
146-373-04
146-373-05
146-373-06
146-373-07
146-373-13
146-373-14
146-373-15
146-373-16
TOTAL
ASSESSMENT:
100
100
100
100
100
600
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
4:NO.1 4
3933B-12
3933B-13
3933B-14
3933B-15
3933B-1
3933B-2
3933B-3
3933B-4
3933B-5
3933A-54
3933A-52
3933A-51
3933A-50
3933A-49
3933A-48
3933A-47
ASSESSMENT
PARCEL NUMBER
AS SHOWN ON
MAP EXHIBIT "B"
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
COUNTY ASSESSOR'S
PARCEL NUMBER:
146-373-17
146-373-18
146-373-19
146-373-20
146-374-01
146-374-02
146-374-03
146-374-04
146-374-05
146-364-10
146-365-02
146-365-03
146-365-04
146-365-05
146-365-07
146-365-06
TOTAL
ASSESSMENT:
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
TOTAL $ 7,100
DATED JUN 2 2 1988
, 1988
DEPUTY CITY CLERK
City of Bakersfield
4:NO.2 5
PUBLIC WORKS MANAGER'S REPORT
MAINTENANCE DISTRICT NO. 18
City of Bakersfield
Fiscal Year 1988-1989
WHEREAS, on the 22nd day of June, 1988, the Council
of the City of Bakersfield adopted its Resolution of Intention
No. 1047 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 ~orks Manager, directing him to make
and file a report; and
WHEREAS, the Public Works Manager filed with the Clerk
of the Council his report in writing, which report is as follows:
PUBLIC %~RKS MANAGER'S REPORT
City of Bakersfield, Maintenance District No. 18, is
generally described as a district within the City of Bakersfield
consisting of all lots within Tract 4487 and Lots 47, 48, 49, 50,
51, 52 and 54 of Tract 3933, Unit A, and Lots 1 through 5, 8
through 22, and 29 through 41 of ~ract 3933, Unit B, Panorama
Drive and Charger Avenue on the south, Meadow Vista Court on the
west, Dorset Drive on the north and Fairfax Road on the east.
Pursuant. to the provisions of Chapter 13.04 of Title 13
of the Municipal Code of the City of Bakersfield, re~erred 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
improvements, which are now contemplated or are in various planning
stages and some oi which may be constructed or installed within
and would then De 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 include, but are not limited to, signs, sign posts,
plant forms, drainage facilities, native grasses, 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, improvements and
enlargemets 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 this particular instance, the purpose of the
district is to maintain slopes, paved benches and drainage
facilities within Lot 22 dedicated to the City on the face
sheet of Tract 4487. These slopes, with an intermediate
paved bench and drainage facilities, were constructed by the
developer at its own expense according to plans and specifi-
cations approved by the City. The City has accepted the slope
construction as complete. The slopes have been hydraseeded
with native grasses and will require minimal maintenance,
however, since the integrity of all lots, streets, drainage
and other subdivision improvements in Tracts 4487 and 3933
depend upon the stability of such slopes, a maintenance
district is required to ensure perpetual monitoring and main-
tenance. The funds generated as a result of the establishment
of the proposed district will be utilized strictly for the
purposes of and applied to the maintenance and upkeep of the
slopes within Lot 22 of Tract 4487. Such funds will not
supplant any City general ~und expenditure, either present
or future.
The establist~ent o~ the proposed district has been
specifically requested by the present owners and developers of
all property located within the district, in order that funding
for the maintenance and upkeep of slopes essential to the
stability of lots, streets, drainage facilities and other sub-
division improvements within the district can be assured. The
proposed district is designated for residential development.
Because the slopes straddle ?racts 3933 and 4487, the area
within the proposed district will receive the greatest benefit
from the contemplated improvements and maintenance thereof.
Increased market value will accrue to the owners of parcels
within the district because of the permanent monitoring an~
maintenance of the slopes. The benefits will inure to the
lots or parcels uniformly, and will be assessed at a uniform
dwelling unit rate.
The benefit formula is set forth in the attachment
hereto.
NOW, THEREFORE, I, E. W. SCHULZ, Public Works Manager
of the City of Bakersfield, by virtue of the power w~sted 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. 18, sub3ect to be assessed to
pay the cost of maintenance and operation of said district for
the fiscal year 1988-1989.
Said assessment is made in accordance wit~ the Denefit
Formula attached hereto.
- 7 -
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 ~ervices
Supplies, Materials, Utilities
Estimated Maintenance Cost
TOTAL
7,100
$4,100
3,000
7,100
7,100
7,100
7,100
BENEFIT FORMULA
MAINTENANCE DISTRICT NO. 18
CITY OF BAKERSFIELD
The amount of the assessment on each assessable lot or parcel
within the district each year (A) shall be:
The total amount budgeted by the district for
maintenance and operation of the district for
the year in which the assessment is levied (M)
multiplied by a fraction, the numerator of which
is the number of dwelling units permitted to be
constructed on such lot or parcel* (D), the
denominator of which is the total number of
dwelling units permitted to be constructed on
all lots or parcels within the district* (DT),
or, expressed mathematically:
A = M x D
R DT
* The number of dwelling units permitted to be constructed
on each lot or parcel within the district shall be deemed one
(1), except for Lot 6 of Tract 4487, on which the number of
dwelling units permitted to be constructed thereon shall be
deemed six (6).
- 9 -
MAINTENANCE DISTRICT NO. 18
ASSESSMENT ROLL
Fiscal Year 1988 - 1989
TRACT/LOT
4487-1
4487-2
4487-3
4487-4
4487-5
4487-6
4487-7
4487-8
4487-9
4498-10
4487-11
4487-12
4487-13
4487-14
4487-15
4487-16
4487-17
4487-18
4487-19
4487-20
4487-21
4487-23
4487-24
4487-25
4487-26
4487-27
3933B-36
3933B-37
3933B-38
3933B-39
3933B-40
3933B-41
3933B-29
3933B-30
3933B-31
3933B-32
3933B-33
3933B-34
3933B-35
ASSESSMENT
PARCEL NUMBER
AS SHOWI~ ON
MAP EXHIBIT "B"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
39
COUNTY ASSESSOR' S
PARCEL NUMBER:
146-372-01
146-372-02
146-372-03
146-372-04
146-372-05
146-372-06
146-372-26
146-372-15
146-372-16
146-372-17
146-372-18
146-372-19
146-372-20
TOTAL
ASSESSMENT:
100
100
100
100
100
600
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
71388
4 MD18.10 -10- DAH:mro
ASSESSMENT
PARCEL NUMBER
AS SHOWN ON
MAP EXHIBIT "B"
COUNTY ASSESSOR'S
PARCEL NUMBER:
TOTAL
ASSESSMENT:
3933B-16
3933B-17
3933B-18
3933B-19
3933B-20
3933B-21
3933B-22
3933B-8
3933B-9
3933B-10
3933B-11
3933B-12
3933B-13
3933B-14
3933B-15
3933B-1
3933B-2
3933B-3
3933B-4
3933B-5
3933A-54
3933A-52
3933A-51
3933A-50
3933A-49
3933A-48
3933A-47
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
146-373-01
146-373-02
146-373-03
146-373-04
146-373-05
146-373-06
146-373-07
146-373-13
146-373-14
146-373-15
146-373-16
146-373-17
146-373-18
146-373-19
146-373-20
146-374-01
146-374-02
146-374-03
146-374-04
146-374-05
146-364-10
146-365-02
146-365-03
146-365-04
146-365-05
146-365-07
146-365-06
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
TOTAL $ 7,100
I1ATED ~UN 2 2 19881
E. W. SCBULZ ,,,~
Public Works Manager
CITY OF BAKERSFIELD
71388
4 MD18.11 -11- DAH:mro
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 22nd day of JUNE
1988, by the following vote:
AYES: COUNCILUEUBER$: CHILDS, DeMO#O, 8111~, I~r[Y,-I~'~H~I~, McOERMOTI' ~L~GGIO
NOES COUNCILME~BE~: NONE
CITY CLERK and Ex Officio
Clerk of the Council of the
City of Bakersfield
APPROVED this22nd day of JUNE
, 1988.
MAYOR of the City of
Bakersfield
APPROVED as to form:
C o~
/
- 12
®
.j%,,~l¥-[
MAP AND ASSESSMEtlT DIAG£At4
FOR MAINT£11AtlCE DIST£1CTAIO.
BAKEqSFI£LD, CALIFORNIA
~XflIBIT "B"