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:
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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
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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
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M.18-RES.1
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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 ..........
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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
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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.
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M M.18-EXH.2
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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.
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M M.18-EXH.B