Loading...
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: 3 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. 4 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.