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Home My WebLink AboutRES NO 109-88RESOLUTION NO. 109-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD FOR MAINTENANCE DISTRICT NO. 11 APPROVING AND ADOPTING THE 1988-89 BUDGET, LEVYING ASSESSMENTS, RESERVING THE RIGHT TO PERFORM MAINTENANCE WORK BY CITY FORCES AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the report of the Public Works Manager, including the 1988-89 budget for Maintenance District No. 11 and complying with the provisions of Section 13.04.130 of the Bakersfield Municipal Code, having heretofore been filed with the City Clerk as required by Section 13.04.140 of that Code, and the requirements of Section 13.04.150 and 13.04.160 having been met, the City Council has this date held a noticed public hearing as required by Sections 13.04.210 and 13.04.220 of the Bakersfield Municipal Code; and WHEREAS, the City Council has considered the report of the Public Works Manager, including the aforementioned budget, and has considered and heard any and all protests which may have been filed against the amounts of the assessments or to the fairness of the benefit formula or formulae. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are found to be true and correct. 2. The report of the Public Works Manager, attached here- to, including the 1988-89 budget for Maintenance District No. 11 and the assessments therein contained, is hereby approved, such budget is hereby adopted and such assessments are hereby levied. 3. Tne reservation of the right to perform maintenance work by City forces is hereby made. 4. The City Clerk shall transmit the assessments levied herein to the Director of Finance with instructions to submit said list to the Kern County Auditor-Controller and Tax Collector, and such other County officers as may be required, for placement of such assessments on the secured roll of the County and request that said assessments be collected in the same manner as ad valorem property taxes. .......... o0o .......... 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 June 13, 1988 , by the following vote: NO~$ CO,NOn LIL~'_.~!-!j~ AS~[N7 COUN~H.I~EM~EnS ABSTAINING: COUNCILMEMBERS. None DeMond None CITY ~/C d~ O~~ci' o~C~e~rk o~the Council of the City of Bakersfield APPROVED June 13, 1988 MAYOR of the City ~f Bakersfield APPROVED as to form: CITY ATT_O~NEY ~kf thecity 6~f AJS/meg Attachments 7:R.MAINll.1 5/18/88 Bakersfield - 2 - PUBLIC WORKS MANAGER'S REPORT MAINTENANCE DISTRICT NO. 11 City of Bakersfield Fiscal Year 1988-1989 City of Bakersfield, Maintenance District No. 11 is generally described as a district within the City of Bakersfield generally bounded by a line 13 feet East of the centerline of Stine Road on the East, Panama Lane on the South, the Arvin-Edison Canal on the West, and the Southern Pacific right-of- way on the North. 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 il~provements, which are now contemplated or ar~ in various planning stages and some of which may be constructed or installed within and would then be main- tained and operated by the district. All such i~provements 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 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 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 mainte- nance and operation thereof, and all additions, improvements and enlarge- ments 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 and parks are maintained through the Comr~nity Services Department's budget expenditures. After Proposition 13, funds available for street landscaping, parks and other mainte- nance were substantially reduced. At present, the department's budget will not accommodate maintenance of new improvements of the type described above and pro- posed for newly development areas 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 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 maintenance district. The funds. generated as the result of the establishment of the 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 establishment of the 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 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 development process. The district is designated for residential and co~ercial development. Because of the natural boundaries of the area occasioned in part by the character and timing of surrounding development, the area within the district will receive the greatest benefit from the contemplated improvements and maintenance thereof. Sensory bene- fits from installing street landscaping, signs, walls and fences, including heat regulation, some noise attenuation and/or esthetic enhancement and increased mar- -2- ket value will accrue to the lots or parcels and owners and users thereof within Maintenance District No. 11. 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 rste. The benefit formula is set forth in the Attachment hereto. NOW, THEREFORE, I, E. W. Schulz, Acting 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 following budget and assessment upon all parcels of property within Maintenance District No. 11, subject to be assessed to pay the cost of maintenance and operation in said district for the Fiscal Year 1988-1989. -3- Said assessment is made in accordance with the benefit forn~la attached hereto. 1988 - 1989 BUDGET Sources of Funds Beginning Fund Balance Gross Amount Required Amount of Contribution by City Amount of Advances by City Net Balance, to be assessed Total -0- -0- Use of Funds City Staff Services or Contract Supplies, Materials, Utilities Estimated Maintenance Cost -0- -0- DATED: ACTING PUBLIC WORKS MANAGER City of Bakersfield k~ -4- MAINTENANCE DISTRICT NO. CITY OF BAKERSFIELD BENEFIT FORMULA 11 The various lots and parcels within the district shall be assessed at the fol- lowing rates: For each assessable lot or parcel the assessment shall be: (1) Non-Residential Zone us Use. Assessment shall equal the dollar amount determined by: A portion of the total number of dollars budgeted by the district for maintenance and operation of the assessment district for the year in which the assessment is levied equal to the dollar amount allocated to maintenance and operation for that year of any and all improvements in the district except parks and except any improvements in or on any parks or incident thereto (MT)' multiplied by: the number of assessable acres, or portion thereof, in the lot or parcel; (AL), and divided by: the number of assessable acres in the district Assessment = MT x AL AT (AT) (2) R-1 Residential Zone or Use Assessment shall equal the dollar amount determined by: A portion of the total number of dollars budgeted by the district for maintenance and operation of the assessment district for the year in which the asessment is levied equal to the dollar amount allocated to maintenance and operation for that year of any and all improvements in the district in- cluding parks and any improvements in or on any parks or in- cident thereto, less the total amount from (1) above. (MR + P), multiplied by the numeral 1.4, ATTACHMENT Page 1 of 3 divided by the sum of: the number of detached dwellin~ units constructed or permitted to be constructed in the district (1), ~ltiplied by the numeral 1.4, and the number of attached dwelling units constructed or permitted to be constructed in the district ** (D2)' Assessment = (MR + P) 1.4 1.4D1 + D2 (3) R-2 Residential Zone or Use. Assessment shall equal the dollar amount determined by: A portion of the total number of dollars budgeted by the district for maintenance and operation of the assessment district for the year in which t~ assessmmnt is levied equal to the dollar amount allocated to maint.~nance and operation for that year of any and all improve- ments in the district including parks and any improvements in or on any parks and any improvements in or on any parks or incident thereto, less the total amount from (1) above. (MR + p), multiplied by: the numbe~ of dwelling units constructed or permitted to be con- structed on the lot or parcel; (DL)' divided by the ~um of: the numbe~ of detached dwelling units constructed or permitted to be constructed in the district*, (D1)' m~ltiplied by the numeral 1.4, and the numbe~ of attached dwelling units constructed or permitted to be constructed in the district**, (D2)' Assessment = (MR + p) DL 1.4 D1 + D2 Pa~e 2 of 3 Detached dwelling units (those dwelling units not joined to any oth- ers by any common walls) are deemed permissible in areas zoned R-1. The number of detached dwelling units permitted to be constructed on a lot or parcel shall be deemed to be the numeral 5 ~ultiplied by the number of assessable acres, or portion thereof, in the parcel or lot, rounded off to the nearest whole number. Attached ~welling units (those joined to another by one or more com- mon walls) are deemed permissible in area zoned R-2. The number of attached ~welling units permitted to be constructed on a lot or par- cel shall be deemed to be the numeral 12 ~ultiplied by the number of assessable acres, o~ portion thereof, in the parcel or lot, rounded off to t~ nearest whole number. Page 3 of 3 RUN 05-25-88 CITY OF BAKERSFIELD PA~E103 BAKERSFIELD MAINTENANCE DISTRICTS FUND... 20153 20153 20153 20153 20153 PARCEL# ........ 370-020-22-00-8 370-020-30-00-1 370-020-35-00-& 370-020-36-00-9 370-020-37-00-2 DESCRIPTION ............. LOT PTN4o TRACT NO. P6868 37.00 AC LOT , TRACT NO. 115.79 LOT PTN4, TRACT NO. P6868 179.80 AC LOT 3, TRACT NO. P&8~58 5.00 AC LOT 2, TRACT NO. P6868 77~90 AC TOTAL AMOUNT... 0.00 0.00 0.00 0.00 0.00 20153 0.00