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
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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
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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
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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.
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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
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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
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HAKf f~$F[[ L b, C/~LiFO I~NI A