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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"