HomeMy WebLinkAboutRES NO 068-05RESOLUTION NO. 0 6 8 - 0 5'
A RESOLUTION ADDING TERRITORY, AREA 4-37 (21st,
"R" NE), TO THE CONSOLIDATED MAINTENANCE
DISTRICT AND CONFIRMING THE ASSESSMENTS,
APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR. (WARD 2).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1375, adopted March 9, 2005, declared its
intention to add territory, Area 4-37 (21st, "R" NE), to the Consolidated Maintenance
District, preliminarily confirmed and approved the Public Works Director's Report, the
boundaries of the proposed additional territory, the fairness of the benefit formula and
the amount of assessment to be levied against each parcel. Said additional territory
shall be designated Area 4-37 (21st, "R" NE), as shown and designated on that certain
map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-37 (21st,
"R" NE), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal
Year 2004-2005 on file in the offices of the City Clerk and Public Works Director, City of
Bakersfield; and
WHEREAS, the Public Works Director duly filed with the City Clerk his
Report, including a budget, assessment formula, improvements to be maintained by the
district, description of property and proposed assessments; and
WHEREAS, the City of Bakersfield has received a letter from the property
owner within the additional territory, Area 4-37 (21st, "R" NE), which waives any and all
hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code or any
other law) concerning the formation of and assessments for Inclusion in the
Consolidated Maintenance District. The owner also has submitted a Proposition 218
Ballot (Official Assessment Ballot) indicating his consent to the assessment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
1. The foregoing recitals are true and correct and incorporated herein by
reference.
2. The Council hereby adds territory, Area 4-37 (21st, "R" NE), to the
Consolidated Maintenance District and confirms and adopts the Public Works Director's
Report (attached hereto as Exhibit 1 and incorporated herein by reference), including
the amounts of assessment for each assessed parcel, as set forth in the Public Works
Director's Report.
"R" NE).
3. Exhibits "A" and "B" describe the additional territory, Area 4-37 (21st,
4. All parcels within this additional territory shall be assessed an amount
not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as
that term is defined in Exhibit "C") per parcel. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los Angeles-Riverside-
Orange County/All Urban Consumers Consumers Price Index. However, parcels will
not be assessed until park and/or street landscape improvements have been installed.
When park and/or street landscape improvements have been completed, the
appropriate park and street tiers will be assigned, but in no case shall the assessments
exceed the amount established in Resolution No. 019-05 as escalated per the above
described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "D")
and assessment roll (Exhibit "E") are attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 2004-2005 fiscal year and each fiscal year thereafter,
the Public Works Director is hereby directed to prepare an Annual Report, as provided
in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within
the time allowed for placement of assessments on the County tax rolls for the applicable
fiscal year. Upon filing of the Annual Report, the Clerk shall set a hearing before the
City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of
said Code.
7. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements by City forces or by private
contractor. Such determination and election is to be made for each year at the time the
budget and assessment is approved for the year in question.
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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
NIJ~R .~ 0 ~l]0§ , by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNClLMEMBER
COUNClLMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio~__Je~k of the
Council of the City of Bakersfield
APPROVED:
MAR 3 0 2005
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD4-37Est05
ORIG',NAt
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-37 (21st, "R" NE)
Fiscal Year 2004-2005
Addition of territory, Area 4-37 (21st, "R" NE) to the Consolidated
Maintenance District is generally described as an area bounded by 23rd Street on the
north, the Kern Island Canal on the east, 21st Street on the south and "R" Street on the
west as specifically shown on Map and Assessment Diagram marked Exhibit "B,"
attached hereto and incorporated herein by reference as though fully set forth, as an
area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal
Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the
Public Works Director makes and files this Report and proposed assessment of and
upon all parcels of property within the area for the cost of maintaining a public park
and public street medians and other public street landscaping. The improvements
generally include, but are not limited to, recreation and sports equipment including
swings, slides, play structures and storage buildings; picnic facilities including tables,
benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system
including water mains, sprinklers, fountains, and electrical wires, conduits and timers;
plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways
now existing or hereafter to be constructed or planted in and for said area and are of a
public nature. The assessment includes the cost of necessary repairs, replacement,
water, electricity, care, supervision and any and all other items necessary for the proper
maintenance and operation thereof, and all additions and improvements thereto which
may hereafter be made.
For many years, public parks, public streets median and other public
street landscaping improvements in the City were maintained through traditional tax
revenues. After Proposition 13, in 1978, funds available for maintenance and operation
of parks, street median and other street landscaping improvements were substantially
reduced. At present, the City's budget does not allow for maintenance and operation of
park and street landscaping improvements of the type described above. Thus, without
funds for maintenance and operating costs from a source other than general tax
revenues, the City does not permit new public parks, street median and other street
landscaping improvements to be constructed within the City.
Additional territory, Area 4-37 (21st, "R" NE) is being added to the
Consolidated Maintenance District for the maintenance of a park and public street
EXHIBIT
'~ Of~IG HAil
median and other street landscaping. The area will be assigned appropriate park and
street tiers in the Consolidated Maintenance District so that each parcel will be
assessed the same amount as other parcels receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed
that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is
defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may
increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All
Urban Consumers Consumer Price Index. However, parcels will not be assessed until
park and/or street landscaping have been installed. When park and/or street landscape
improvements have been completed, the appropriate park and street tier levels will be
assigned, but in no case shall the assessments exceed the amount established in
Resolution No. 019-05 as escalated per the above described Consumer Price Index.
The area will consist of residential use, thus all parcels within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
A public park and public median and street landscaping will benefit all the
lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the
area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and
incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works 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 Fiscal Year 2004-2005 Budget and Assessment Roll as set
forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated
herein as though,,f,u,,lly set forth, upon all parcels of property within additional territory,
Area 4-37 (21s', R NE), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
2
LEGAL DESCRIPTION
Area 4-37
Being a portion of the Northeast quarter of Section 30, Township 29 South, Range 28 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the centerline intersection of 23rd Street and "R" Street as shown on that Record of Survey
recorded in Book 20 of Record of Surveys at Page 144, in the Office of the Kern County Surveyor;
thence North 90o00'00" East, along the centerline of 23rd Street, a distance of 451.25 feet to the True
Point of Beginning;
1) Thence continuing North 90°00'00" East, alongthe centerline °f said 23rd Street' a distance °f
234.66 feet, more or less, to a point on the Westerly right-of-way of the Kern Island Canal;
2) Thence South 01059'28'' East, along the Westerly right-of-way of the Kern Island Canal, a
distance of 477.62 feet;
3) Thence South 10°51 '32" West, continuing along said Westerly right-°f-way, a distance °f 219'62
feet, more or less, to a point on the centerline of 21 ~t Street;
4) Thence North 89°59'47" West, alongsaid centerline °f 21st Street, a distance °f 661'13 feet'
more or less, to the centerline intersection of 21 st Street and "R" Street;
5) Thence North 00°00'00'' East, along the centerline of"R" Street, a distance of 374.98 feet;
6) Thence departing said centerline, North 90o00'00'' East, a distance of 451.25 feet;
7) Thence North 00°00'00'' East, a distance of 318.00 feet, more or less, to the True Point of
Beginning.
Containing 7.69 acres, more or less.
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-37, 218t, 'R' NE) TO THE
CONSOMDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE
BY