HomeMy WebLinkAboutRES NO 119-85RESOLUTION NO. 11~-~5
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. 986, MAINTENANCE DISTRICT NO. 14).
WHERE~S, the Council of the City of Bakersfield, State
of california, heretofore adopted on the 14th day of August, 1985,
its Resolution of Intention No. 986 declaring its intention to
establish Maintenance District No. 14 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. 984 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 Eakersfield; and
WHEREAS, said Public Works Manager has on this date
filed with the Clerk of said Council his report in writing con-
taining said matters, including the following:
A. A budget containing the matters specified in
Section 13.04.130 of the Bakersfield Municipal Code;
B. The benefit formula previously set forth as
Exhibit "B" to Resolution of Intention No. 984;
C. A description of each parcel of property in the pro-
posed maintenance district; and
D. The amount of assessment to be levied against each
parcel;
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 tor Maintenance District No. 14,
Exhibit "B". All such improvements will be con-
structed only a~ter 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 Clerk to the City Council tor considera-
tion and has been tully considered by the Council.
NOW, THEREFORE, BE IT RESOLVED and directed as follows:
1. 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 assess-
ment against each parcel in said district, is hereby prelimi-
narily adopted, confirmed and approved.
2. Wednesday, the 11th day ot September, 1985, at ! 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;
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.
Any interested person may object to any ot the above-listed mat-
ters by filing a written protest with the clerk at 1501 Truxtun
Avenue, Bakersfield, California, at or betore said time set tor
hearing; and said Clerk shall endorse on each protest the date
and hour of its receipt, and at said time appointed for said
hearing shall present to the Council all such protests filed with
said Clerk.
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 be substantially as follows:
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CITY OF BAKERSFIELD
NOTICE OF HEARING ON
PROPOSED MAINTENANCE DISTRICT NO. 14
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 street and parkway
landscaping, walls and signs to be borne by all parcels or prop-
erty within proposed Maintenance District No. 14, generally
bounded by Pacheco Road on the north, wible Road on the east,
north line of Arvin-Edison Canal on the south, and $tine Road on
the west.
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 pro-
posed maintenance district by a description sufficient to iden-
tify the same, and the amount of assessment to be levied for the
Fiscal Year 1985-1986 against each parcel of property. Said
report shall be open to public inspection at the Public Works
Manager' 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 parcel so property to be 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
identified, and stating the grounds of his/her protest, and may
appear at said hearing and be heard in regard thereto.
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Said Public Works Manager's Report will be heard by the
Council at its meeting to be held on Wednesday, the 11th day of
September, 19~5, at the hour ot 7 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.
The ~ollowing are descriptions o~ the parcels o~ prop-
erty subject to assessment and the amount ot the proposed assess-
ment against said parcel of property as set torth in the report.
Assessment Parcel Number
as Shown on Map Exhibit "B"
County Assessor's
Parcel Number:
Total
Assessment:
The Assessor's Parcel Numbers are on file with
the original resolution documents tot Maintenance
District No. 14 in the City Clerk's Office.
0.O0
Dated: A]~g~l~ 14~ lqRK
City Clerk
City of Bakersfield
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the city of Bakersfield at
regular meeting thereof held on the l~th day of August ,
1985, by the following vote:
CITY CLERK and Ex officio Clerk of the
Council of the City of Bakersfield
APPROVED this l~th day of AuKus% ,
MAYOR of the City of B~kersfield
1985
APPROVED as to form:
CfTY ATTO,~NEY of the city of Bakersfield
DH/AJS/bl 6
R.MD14-1
PUBLIC WORKS MANAGER'S REPORT
MAINTENANCE DISTRICT NO. 14
City of Bakersfield
Fiscal Year 1985-1986
WHEREAS, on the 14th day of August, 1985, the Council of
the City of Bakersfield adopted its Resolution of Intention
No. 986 to order the establishment of a maintenance district pur-
suant to the provisions of Chapter 13.04 of Title 13 of the
Municipal Code of the City of Bakersfield, and referred said pro-
posal to the Public works 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 WORKS MANAGER'S REPORT
City of Bakersfield, Maintenance District No. 14, is
generally described as a district within the City of Bakersfield
generally bounded by Pacheco Road on the north, Wible Road on the
east, north line of Arvin-Edison Canal on the south, and stine
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
improvements, which are not contemplated or are in various plan-
ning 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 there-
for have been filed with and approved by the City Engineer. The
improvements generally include parks, signs and sign posts, walls
and fences, equestrian easements, and street and parkway land-
scaping 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, elec-
tric current, care, supervision and any and all other items nec-
essary for the proper maintenance and operation thereof, and all
additions, improvements and enlargements thereto which may here-
after 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 this department' budget expenditures. After
Proposition 13, funds available for street landscaping, parks 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
developed 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 proposed maintenance
district. The funds generated as the result of the establishment
of the proposed district will be utilized strictly for the pur-
poses of and applied to the maintenance and upkeep of improve-
ments within the district. Such funds will not supplant any City
general fund expenditure, either present or future.
The establishment of the proposed district has been spe-
cifically requested by the residents within the area in order
that funding for the maintenance and upkeep of amenities spe-
cially designed to enhance the living environment of future com-
mercial and residential owners and/or users therein be
established as an integral part of the development process. The
proposed district is designated mostly for residential and some
commercial development. Because of the natural boundaries of the
area occasioned in part by the character and timing of surround-
ing development, the area within the proposed district will
receive the greatest benefit from the contemplated 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. 14.
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.
The benefit formula is set forth in the attachment
hereto. The park will not be constructed in the 1984-1985 fiscal
year. Therefore, no assessment will be levied during this fiscal
year.
NOW, THEREFORE, I, DALE HAWLEY, 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 follow-
ing budget and assessment upon all parcels of property within
Maintenance District NO. 14, subject to be assessed to pay the
cost of maintenance and operation in said district for the fiscal
year 1985 - 1986.
Said assessment is made in accordance with the Benefit
Formula attached hereto.
1985 - 1986 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
ASSESSMENT ROLL
Fiscal Year 1985 - 1986
0.00
0.00
0.00
0.00
Assessment Parcel Number
as Shown on Map Exhibit "B"
County Assessor's
Parcel Number:
The Assessor's parcel Numbers are on file with
the original resolution documents for Maintenance
District NO. 14 in the City Clerk's office.
Total
Assessment:
0.00
Dated:
J. DALE HAWLEY
public Works Manager
City of Bakersfield
MAINTENANCE DISTRICT NO. 14
CITY OF BAKERSFIELD
BENEFIT FORMULA
The various lots and parcels within the district shall be
assessed at the following rates:
For each assessable lot or parcel the assessment shall be:
1. 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 tor 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 for the park and any improvements in or on
the park or incident thereto. (P),
divided by the sum of:
the number of detached dwelling units constructed or per-
mitted to be constructed in the district* (D1),
and
the number of attached dwelling units constructed or per-
mitted to be constructed in the district** (D2),
multiplied by the numeral .7
Assessment = P
D1 + .7D2
See Paragraph 3 below.
2. Multiple 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 tor 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 tor the park and any improvements in or
on the park or incident thereto. (P),
multiplied by:
the number of dwelling units constructed or permitted to
be constructed on the lot or parcel; (DL),
multiplied Dy the numeral .7 and divided by the sum of:
the number of detached dwelling units constructed or per-
mitted to be constructed in the district*, (D1),
and
the number of attached dwelling units constructed or per-
mitted to be constructed in the district**, (D2),
multiplied by the numeral .7
Assessment = (P) -7DL
D1 + .7D2
See Paragraph 3 below.
In addition to the above, maintenance of any street and park-
way landscaping and walls required for or provided by any new
development within the Maintenance District shall be paid for
by the property owners within that development.
Detached Dwelling Units (those dwelling units not joined to
any others by any common walls) are deemed permissible in
areas zoned R-1. The number of detached dwelling units per-
mitted to be constructed on a lot or parcel shall De deemed
to be the numeral 5 multiplied by the number of assessable
acres, or portion thereof, in the parcel or lot, rounded off
to the nearest whole number.
Attached Dwelling Units (those joined to another by one or
more common walls) are deemed permissible in areas zoned R-2.
The number of attached dwelling units permitted to be con-
structed on a lot or parcel shall be deemed to be the numeral
12 multiplied by the number of assessable acares, or portion
thereof, in the parcel of lot, rounded off to the nearest
whole number.