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HomeMy WebLinkAboutRES NO 89-85RESOLUTION NO. 89-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD FOR MAINTENANCE DISTRICT ~O. 6 APPROVING AND ADOPTING THE 1985-86 BUDGET, LEVYING ASSESSMENTS, RESERVING THE RIGHT TO PERFORM MAINTENANCE WORK BY CITY FORCES AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. W~EREAS, the report of the Public Works Manager, including the 1985-86 budget for Maintenance District No. 6 and complying with the provisions of Section 13.04.130 of the Bakersfield Municipal Code, having heretofore been filed with the City Clerk as required by Section 13.04.140 of that Code, and the requirements of Sections 13.04.150 and 13.04.160 having been met, the City Council has this date held a noticed public hearing as required by Sections 13.04.210 and 13.04.220 of the Bakersfield Municipal Code; and WHEREAS, the City Council has considered the report of the Public Works Manager, including the aforementioned budget, and has received no protest to the amounts of the assessments or to the reservation of the right to perform maintenance work by City forces. NOW, T~EREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are found to be true and correct. 2. The report of the Public Works Manager, attached hereto, including the 1985-86 budget for Maintenance District No. 6 and the assessments therein contained, is hereby approved, such budget is hereby adopted and such assessments are hereby levied. 3. The reservation of the right to perform maintenance work by City forces is hereby made. 4. The City Clerk shall transmit the assessments levied herein to the Director of Finance with instructions to submit said list to the Kern County Auditor-Controller and Tax Collector, and such other County officers as may be required, for placement of such assessments on the secured roll of the County and request that said Tax Collector for the 1985-86 fiscal year collect and enforce said assessments in the same manner as ad valorem property taxes. 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 the 17th day of June , 1985, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 17th day of June , MAYOR of the City of Fakersfield 1985 APPROVED as to form: CITY ATTORNEY of the City Of Bakersfield AJS/mro R.MD6 -2- PUBLIC WORKS MANAGER'S REPORT MAINTENANCE DISTRICT NO. 6 City of Bakersfield Fiscal Year 1985-86 City of Bakersfield Maintenance District No. 6 is generally described as a district within the City of Bakersfield extending west from the east curb line of the median strip of Gosford Road to the eastern boundary of the Arvin Edison Canal and the area extending south from the centerline of Ming Avenue to the intersection of the northern boundary of the Arvin Edison Canal and Gosford Road. The owner and developer of property located within Maintenance District No. 6 has requested certain areas be deleted from the district because they provide no benefit. These areas are shown in yellow on the attached map and a written description is on file with the Public Works Department. The change in boundaries has no affect on the benefit formula or amount of assessments to be levied. 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 ~anager 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 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. The improvements to be maintained by this district generally include parks, street and parkway landscaping, signs and sign posts, walls and fences which include, but are not limited to, plant forms, drainage facilities, irrigation systems and equipment, restrooms, drinking fo~mtains, barbecues and storage buildings, and plumbing and fixtures therefor, recreation equi~nent, includinq ~ings, slides, play structures, etc., and picnic facilities, including tables, barbecues, trash cans, fountains, benches and tennis courts with coin operated lights, sidewalks, walkways, parking areas, poles, posts, wires, pipes, conduits, water mains and/or sprinkler systems and ornamental planting, including turf, lawns, shrubs, hedges, ground cover, 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, electric current, care, supervision 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. In most of the City, street landscaping and parks are maintained through this Department's 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 accomodate maintenance of new improvements of the type described above and proposed for newly developed areas within the City. Thus, absent funds for maintenance 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 Maintenance District. The funds generated as the result of the establishment of the district will be utilized strictly for the purposes of and applied to the maintenance and upkeep of improvements within the district. Such funds will not supplant any City general fund expenditure, either present or future. The establishment of the 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 -2- to enhance the living environment of future residents therein be established as an integral part of the development process. The district is designated for low/medium/high density residential development, and for 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 district will receive the greatest benefit from the contemplated improvements and maintenance thereof. Sensory benefits from installing street landscaping, signs, walls, fences, and parks, including heat regulation, some noise attenuation and/or esthetic enhancement, open space enjoyment and recreation will accrue to all the lot or parcel owners and residents within Maintenance D~strict No. 6. In addition, the parcel or lot owners will directly receive the benefit of increases in the market value of their lots or marcels. The benefit of increased market value, particularly from walls and street landscaping, will inure to the lots or parcels uniformly, and will be assessed at a uniform acreage rate. The sensory benefits from walls and street landscaping will similarly benefit all of the district, and will also be assessed at a uniform acreage rate. Park use and enjoyment is likely to be most directly susceptible of enjoyment by each resident. These benefits are, therefore, to be assessed on the basis of numbers of residents per lot or parcel. It would be impracticable to base the assessment on the actual number of residents in the district in any fiscal year. Instead, the 1980 census figures for detached and attached dwellings, taken from the census tracts in the southwest portion of Bakersfield, tracts 18, 28.01, 28.02, 28.03 and 28.04, have been used to determine the average number of residents in detached and attached dwelling units. From those averages, the number of residents presumed for each detached dwelling is 3.24; the -3- number of residents presumed for each attached dwelling is 2. There are no residential units in existence in the district at present. Until such time as residential units are built or permitted, benefits will be assessed on the varieties and numbers of units that are permissable, pursuant to the current zoning and general plan desiqnations. The benefit formula is set forth in the attachment hereto. NOW, THEREFORF, 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 following budget and assessment upon all parcels of property within Maintenance District No. 6, subject to be assessed to pay the cost of maintenance and operation in said district for the fiscal year 1985-86. -4- 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 Total (8,237) 57,705 65,942 Use of Funds City Staff Services/Contract Supplies, Materials, Utilities Estimated Maintenance Cost Total 43,044 22,898 65,942 Dated: / //PUBLIC WORKS M~RNAGER !/ City of Bakersfield -5- MAINTENANCE DISTRICT NO. CITY OF BAKERSFIELD BENEFIT FORMULA 6 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 the sum of "A" and "B," as defined below. "A" shall equal the dollar amount determined by: (a) A portion of the total number of dollars budgeted by the district for maintenance and operation of the assessment district for 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 except parks and except any improvements in or on any parks or incident thereto, multiplied by: (b) the number of assessable acres*, or portion thereof, in the lot or parcel; and divided by: (c) the number of assessable acres* in the district. "B" shall equal the dollar amount determined by: the sum of (d) The total number of dollars budgeted by the district for maintenance and operation of parks (including any improvements therein and/or incident thereto) in the assessment district for the year in which the assessment is levied (and this sum shall equal the remainder of funds budgeted by the district for a year after subtrac- tion of the sum described in (a) above for that year), multiplied by the numerals 3.24, and multiplied by: (e) (i), the number of detached dwelling units permitted to be constructed (even if not constructed) on the lot or parcel pursuant to the then currently effective zoning and/or City of Bakersfield State College Area General Plan as amended,** or multiplied by: (e) (ii) , in the case of a lot or parcel for which a building permit or permits indicating the actual number of detached dwelling units to be constructed on the lot or parcel has been issued by the City, or for which the actual number of detached dwelling units to be constructed ATTACHMENT Page 1 of 3 on the lot or parcel has been otherwise approved by the City, and evidence thereof has been filed in the County Recorder's office, and provided that said approvals and filings occurred before the date set for the annual hearing on the assessment district before the City Council, the number of detached dwelling units permitted to be constructed on the lot or parcel, pursuant to said approval; and (d) The total number of dollars budgeted by the district for maintenance and operation of parks (including any improve- ments therein and/or incident thereto) in the assessment district for the year in which the assessment is levied (and this sum shall equal the remainder of funds budgeted by the district for a year after subtraction of the sum described in (a) above for that year), multiplied by the numeral 2, and multiplied by: (f) (i), the number of attached dwelling units permitted to be constructed (even if not constructed) on the lot or parcel pursuant to the then currently effective zoning and/or City of Bakersfield State College Area General Plan as amended, *** or multiplied by: (f) (ii), in the case of a lot or parcel for which a building permit or permits indicating the actual number of attached dwelling units to be constructed on the lot or parcel has been issued by the City, or for which the actual number of attached dwelling units to be constructed on the lot or parcel has been otherwise approved by the City, and evidence thereof has been filed in the County Recorder's office, and provided that said approvals and filings occurred before the date set for the annual hearing on the assessment district before the City Council, the number of attached dwelling units permitted to be constructed on the lot or parcel, pursuant to said approval; divided by the sum of: (g) , the number of detached dwelling units permitted to constructed in the district ****, multiplied by the numeral 3.24; and (h), the number of attached dwelling units permitted to be constructed in the district. multiplied by the numeral 2. Page 2 of 3 OR A B a x b + d(3.24 x e(i)) + d(2 x f(i)) c (g x 3.24) + (h x 2) A B a x b + d(3.24 x e(ii)) + d(2 x f(±i)) c (g x 3.24) + (h x 2) = Assessment for each lot or parcel The number of assessable acres shall be determined by subtracting from the total acreage in the district or parcel or lot, the acreage of public streets, and other government owned land within the district or parcel or lot. Detached dwelling units (those dwelling units not joined to any others by any common walls) are deemed permissable in areas zoned R-1. The number of detached dwelling units permitted to be constructed on a lot or parcel shall be deemed to be the numeral 4 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 permissable in areas zoned R-2 or R-3 and in areas not yet zoned. The number of attached dwelling units permitted to be constructed on a lot or parcel shall be deemed to be the numeral 12 multiplied by the number of assessable acres, or portion thereof, in the parcel or lot, rounded off to the nearest whole number. The numbers of attached and detached dwelling units permitted to be constructed in the district shall be deemed to be the sum of each such type of units permitted to be constructed on all lots or parcels within the district, except that if the number of detached or attached dwelling units permitted on a lot or parcel is varied pursuant to Paragraphs (e) (ii) or (f) (ii), then the number of dwelling units permitted to be constructed in the district shall be deemed to be the sum of the number of dwelling units determined for any such lots or parcels pursuant to Paragraphs (e) (ii) and (f) (ii) and the remaining numbers of dwelling units determined as in ** and *** above. Page 3 of 3 RUN 06-05-85 CITY OF BAKERSFIELD PA~E 60 BAKERSFIELD MAINTENANCE DISTRICTS ASSMNT NUMBER FUND... 8001 20145 6002 20145 6003 20145 6004 20145 6005 20145 6006 20145 6007 20145 6008 20145 6009 20145 6010 20145 PARCEL NUMBER... 389-010-04-00-9 389-010-05-00-2 389-010-09-00-4 389-010-14-00-8 389-010-15-00-1 389-010-16-00-4 389-010-17-00-7 389-010-06-00-5 389-010-07-00-8 389-010-08-00-1 DESCRIPTION ............. LOT 76.64 ACRES, TRACT NO. 27 LOT , TRACT NO. 37 LOT 17, TRACT NO. LOT 4, TRACT NO. P73333 LOT 3, TRACT NO. P7333 LOT 2, TRACT NO. P7333 LOT 12.42 ACRES, TRACT NO. P7333 LOT .40 ACRES, TRACT NO. P7333 LOT 74.88 ACRES, TRACT NO. LOT , TRACT NO. TOTAL AMOUNT. 30,827.32 0.00 0.00 0.00 0.00 0.00 4,995.70 0.00 30,118.98 0.00 65,942. O0 MAP AMENDED AND ASSESSMENT DIAGRAM FOR f MAINTENANCE DISTRICT NO. 6 BAKERSFIELD, CALIFORNIA FOR FISCAL YEAR 1985- 1986 L :L HAKf f~$F[[ L b, C/~LiFO I~NI A