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HomeMy WebLinkAboutRES NO 142-87RESOLUTION NO. 142-87 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 BENE- FIT 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. 1030, MAINTENANCE DISTRICT NO. 18). WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on the 29th day of July, 1987, its Resolution of Intention No. 1030, declaring its intention to establish Maintenance 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. 1030 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, salad 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 containing Section 13.04.130 of Code; the matters specified in the Bakersfield Municipal (b) the benefit formula previously set forth as Exhibit "B" to Resolution of Intention No. 1030; (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 M:M.18-RES.1 (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. 18, 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: i. 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, the 19th day of August, 1987, 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 pro- tests 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. 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 De substantially as follows: - 2 - M:M.18-RES.1 CITY OF BAKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. 18 NOTICE IS HEREBY GIVEN that the Public Works Manager of the Cisy 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. 18, generally bounded by South "H" Street on the East, Pacheco Road on the South, Hughes Lane on the West and[ White Lane 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 198~ -1986 against each u. arcel 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 De 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, the 19th day of August, at the hour 7:00 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. M:M.18NOT.1 -3- The ~ollowing are Gescrlptlons of the parcels of property subject to assessment and 5he amount of the proposed assessment against said parcel of property as set forth in the report. Assessment Parcel No. as Shown on Map Exhibit "B": Total Assessment 373-220-01 through 0.00 373-220-30 373-220-31 0.00 373-220-32 through 0.00 373-220-75 DATED: July 29, 1987 CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield AJS/meg M MAIN 5 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 July 29z_~!_ , by the following vote: AYES: COUNCILME,~,IBERS: C~tLDS, CH21ST[¢~ [N SMITH /~ C, ORE D~CK~RSON ...... ~r n ABSENT COUNC~L~,'I ¥~ r p'; / ABSTAINING: COUNCiL~ M Bi~,~ CITY CLERK and Ex Officio Clerk of th~ Council of the City of Bakersfield APPROVED July_2!9_~_~1987 MAYOR of the City of B~Kersfield APPROVED as to form: ,~ ~1,~, ~IT~--Y~RN~ tT~-~'~-of ~akersfield AJS/meg M MAIN 5 M.18-RES.1 - 5 - PUBLIC WORKS MANAGER'S REPORT MAINTENANCE DISTRICT NO. 18 City of Bakersfield Fiscal Year 1987-1988 WHEREAS, on the 29th day of July, 1987, the Council of the City of Bakersfield adopted its amended Resolution of Intention No. 1030 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. 18, is gen- erally described as a district within the City of Bakersfield generally bounded by South "H" Street on the east, Panama Road on the north, Arvin-Edison Canal on the south and Akers Road 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, walls and fences, and street, parkway, and park landscaping which include, but are not limited to, plant forms, drainage facilities, irriga- tion system pipes, conduits, water mains and/or sprinkler systems and ornamental plan%ing, including turf, lawns, shrubs, hedges, ground covers and trees now existing or hereafter to be constructed, laid o~ 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, replace- ments, water, fuel, power, gas, electric current, care, Supervi- sion 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 this 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 maintenance costs from a source oEher than general tax revenues, the City will not accept or per- mit 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 improvemen.zs within the district. Such funds will not supplant any City general ~und expenditure, either present or future. 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 amenities specially designed to enhance the living environment of future commercial and residen- tial owners and/or users therein be established as an integral part of the development process. The proposed district is desig- nated for residential and 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 pro- posed district will receive the greatest benefit from the contem- plated 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. 18. 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. hereto. The benefit formula is set forth in the attachment NOW, THEREFORE, I, DALE HA~LEY, Public Wor~s Manager of the City of Bakersf2~eld, 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. 18, subject to be assessed to pay the cost of maintenance and operation in said district for the fiscal year 1987-1988. Said assessment is made in accordance with the Benefit Formula attached hereto. M:M.18-REP.1 --3-- 1987 - 1988 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 0.00 0.00 0.00 0.00 0.00 0.00 Use of Funds City Staff Services Supplies, Materials, Utilities Estimated Maintenance Cost Total 0.00 0.00 0.00 0.00 ASSESSMENT ROLL FISCAL YEAR 1987 - 1988 Assessment Parcel No. as Shown on Map Exhibit "B": 373-220-01 through 373-220-30 373-220-31 373-220-32 through 373-220-75 DATE ,_ / 77 Total Assessment 0.00 0.00 0.00 CITY OF BAKERSFIELD M M. 18-BDGT EXHIBIT "B" MAINTENANCE DISTRICT NO. 18 CITY OF BAKERSFIELD The assessed BENEFIT FORMULA various lots and parcels within the district as follows: shall be In each fiscal year, each lot or parcel shall be assessed* a fraction of the cost of operat- ing 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 deter- mined 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. In the case of lot or parcel of a final subdi- vision map, in residential zones, which has been filed for record in the County Recorder's Office, if lot or parcel sizes are approxi- mately equal (less than 10% variation) the assessment shall be equal. M M.18-EX.B RESOLUTION OF INTENTION NO. 1030 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING ITS INTENTION TO ESTABLISH MAINTENANCE DISTRICT NO. 18. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the several lots or parcels of prop- erty within the maintenance district established therefor; and WHEREAS, a written request has been transmitted to the City Council to establish a maintenance district in accordance with the procedures established therefor by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Manager recommends such ~ormation; and WHEREAS, the City Council intends to establish such a dis- trict to be designated Maintenance District No. 18, the exterior Doundaries of which are hereinafter specified and described. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and the City Council so finds and determines. 2. It is the intention of the City Council of the City of Bakersfield to order the establishment of a maintenance district under the provisions; of said Chapter 13.04, which district shall be designated Maintenance District No. 18, generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements also generally described in said Exhibit. 3. The City Council hereby declares that the territory within the boundaries so specified and described is the district benefiting from said local improvements; that the expense of main- taining and operating said improvements is hereby made assessable upon said district; and that the exterior boundaries of said dis- trict are hereby specified and described to be as shown on that cer- tain map now on file in the office of the City Clerk of the City of Bakersfield and in the office of the Public Works Manager, entitled "Map and Assessment Diagram for Maintenance District No. 18, Bakersfield, California, for Fiscal Year 1987-1988," which map indi- cates by a boundary line the extent of the territory included in said proposed district and shall govern for all details as to the extent of the maintenance district. 4. The Ci~sy Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces, such determination and election to be made for each year at the time the budget and assessment is approved for the year in question. 5. The City Council hereby refers said proposed mainte- nance district to the Public Works Manager and hereby directs said Public Works Manager to make and file with the City Clerk of the City Council a Report, in writing, containing a budget and the other matters specified in sections 13.04.120 and 13.04.130 of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, which will apportion the assessment representing the cost of maintenance and operation, if any, according to the formula set forth in Exhibit "B" attached hereto, and hereby sets August 19, 1987, at 7:00 P.M., at the Council Chambers of the City Council, 1501 Truxtun Avenues, Bakersfield, California, as the time and place for hearing protests on the establishment of this district and related matters. .......... o0o .......... - 2 - 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 July 29, 1987 , by the following vote: AYES: COUNCILMEMBERS: CHILDS. C~,~i~TEt;SEN, SMITH, RA]'rY, M. OORE, OICKERSO~, NOES: COUNCILMEMBERS: ~,~_~.~,_,,., .~~/~ ABSENT: COUNCILMEMBERS; ABSTAINING: COUNCILMEMBERS: /S/ CAROL WILLIAMS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED July 29, 1987 /S/ THOMAS A. PAYNE MAYOR of the City of Bakersfield APPROVED as to form: /S/ RICHARD OBERHOLZER CITY ATTORNEY of the City of Bakersfield AJS/DAH/meg Attachments M MAIN 5 MAIN.18.1 - 3 - EXHIBIT "A" BOUNDARIES OF DISTRICT MAINTENANCE DISTRICT NO. 18 Legal Description - Tract No. 4895 Being a subdivision in Lot 2 of Section 25, T.30 S., R.27 E., M.D.B.& M., in the City of Bakersfield, County of Kern, State of California, as per the Kern County Sales Map No. 1 of Lands of J. B. Haggin, recorded May 3, 1889 in the Office of the County Recorder, more particularly described as follows: Beginning at the NE Corner of Section 25 also being the centerline intersection of Panama Lane and South "H" Street; Thence (1) S 00037'34" E, of said Sou~th "H" Street, True Point of Beginning; along said centerline 660.80 feet to the Thence (2) S 00°03'21" E, 495.80 feet; Thence (3) N 89051'26" W, 785.59 feet, to a point on a curve concave to the southwest with a radius of 610 feet, the center of which bears S 00008'34" W; Thence (4) southwesterly along said curve through a central angle of 22009'25", with an arc distance of 235.89 feet to the end of said curve; Thence (5) S 67059'09" W, 162.15 feet to a point on a curve concave to the northwest with a radius of 390 feet, the center of which bears N 22°00'51" W; Thence (6) northwesterly along said curve through a central angle of 22009'25", with an arc distance 150.82 feet, to the end of said curve; Thence (7) along radial line of above men- tioned curve S 00008'34" w, 30.00 feet; EXHIBIT "A" - Continued Maintenance District No. 18 Thence (9) N 00°03'06" E, 660.33 feet; Thence (10) S 89°52'39" E, 1,321.91 feet to the True Point of Beginning. Contains 15.~83 Acres. IMPROVEMENTS All of the following improvement items may or may not be applica- ble for this maintenance district. However, the improvements generally are slopes, medians, parkways, street, and park landscaping including, but not limited to, walls, signs, landscape drainage basins and all drainage facilities, irrigation systems and equipment, structures and fixtures necessary or incidental to the installation, maintenance or use of the above mentioned items; and certain walls, fences, plant forms, trees, shrubs, ground covers, hedges, sidewalks, walkways, parking areas, landscaping, landscape appurtenances, poles, posts and signs, and security lighting. AJS/DAH/meg M M.18-EXH.2 - 2 - EXHIBIT "B" CITY OF BAKERSFIELD MAINTENANCE DISTRICT NO. 18 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 par- cel 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 dis- trict or lot or parcel, the acreage of public streets and other government-owned land within the district or lot or parcel. In the case of lot or parcel of a final subdivision map, in res- idential zones, which has been filed for record in the County's Recorder's Office, if lot or parcel sizes are approximately equal (less than 10% variation), the assessment shall be equal. AJS/DAH/meg M M.18-EXH.B