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HomeMy WebLinkAboutRES NO 83-85RESOLUTION NO. 8 3- 8 ~'~ A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PRELIMI- NARILY 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. 982, MAINTENANCE DISTRICT NO. 12). WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on the 12th day of June, 1985, its Resolution of Intention No. 982, declaring its intention to establish Maintenance District No. 12 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 Munic- ipal Code of the City of Bakersfield; and WHEREAS, said Council in and by said Resolution of Intention No. 982 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 Bakers- field; and WHEREAS, said Public Works Manager has on this date filed with the Clerk of said Council his Report in writing containing 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 C to Resolution of Intention No. 982; (c) a description of each parcel of property in the proposed maintenance district; and (d) the amount of assessment to be levied against each parcel; (e) the improvements to be maintained by this District spe- cifically are various items included in Landscape Plans within the boundaries as shown on map and assessment diagram for Maintenance District No. 12, Exhibit B. All such improvements will be constructed only after plans therefor have been filed with and approved by the City Engineer; and WHEREAS, said PuDlic Works Manager's Report has been duly presented by said Clerk to the City Council for consideration and has been fully 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, de- scriptions of property, descriptions of the improvements to be maintained by the District, proposed assessment against each parcel in said District, is hereby preliminarily adopted, confirmed and approved. 2. Wednesday, the 26th day of June, 1985, at 7:00 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 ASSESSEE); RESERVATION BY CITY OF RIGHT TO ELECT WHETHER TO PROCEED TO PERFORM WORK BY CITY FORCES. Any interested person may object to any of the above-listed matters by filing a written protest with the Clerk at 1501Truxtun Avenue, Bakersfield, California, at or before said time set Yor 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) day~ prior to such hearing. The form of notice shall be substantially as follows: -2- CITY OF BAKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. 12 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 certain local improvements to be borne by all parcels or property within pro- posed Maintenance District No. 12, generally bounded by Ming Avenue on the North, El Portal Drive on the West, the west line of Parcel Map No. 6132 on the East, and the northern boundary line of Tract No. 4289 on the South. Said Mana- ger's Report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each parcel of prperty in the proposed mainte- nance district by description sufficient to identify 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's Office, 1501Truxtun 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 parcels of property to be assessed, or the reservation 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 rounds of his/her protest, and may appear at said hearing and be heard in regard thereto. Said matters will be heard by the Council at its meeting to be held on June 26, 1985, at the hour of 7:00 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 following are descriptions of the parcels of property subject to assessment and the amount of the proposed assessment against each parcel of property as set forth in the Report: Assessment No. Assessor's Parcel No. Assessment I 380-010-21-00-5 -0- -3- 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 12th day of June, 1985, by the following vote: Council of the City of Bakersfield APPROVED this 12th day of June MAYOR of the City of uaKersT~elo / APPROVED as to form: C~TY ATTORNEY~oof the City d~ Bak'ersfield , 1985. -4- PUBLIC WORKS MANAGER'S REPORT MAINTENANCE DISTRICT NO. 12 City of Bakersfield Fiscal Year 1985 - 1986 WHEREAS, on the 12th day of June, 1985, the Council of the City of Bakersfield adopted its Resolution of Intention No. 982 to order the establish- ment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal 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. 12, is generally de- scribed as a district within the City of Bakersfield, generally bounded by Ming Avenue on the North, Et Portal Drive on the West, the west line of Parcel Map No. 6132 on the East, and the northern boundary line of Tract No. 4289 on the South. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Munici- pal 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 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. All such improvements will be constructed only after plans therefor have been filed with and approved by the City Engineer. The improve- ments generally include signs and sign posts, walls and fences and street and parkway landscaping which include, but are not limited to, plant forms, drainage facilities, irrigation systems 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, electric current, care, super- vision and any and all other items necessary for the proper maintenance and -5- operation thereof, and all additions, improvements and enlargements thereto which may hereafter be made. There may be other improvements of the general nature designated above to be mantained and operated by the district. 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 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 new development 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 median strips 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 purposes of and applied to the maintenance and upkeep of improvements within the district. Such funds will not supplant any City general fund expenditures, either present or future. The establishment of the proposed district has been specifically re- quested 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 to enhance the living environment of future commercial and residential owners and/or users therein be established as an integral part of the development process. The proposed district is designated for R-1 develop- ment. Because of the natural boundaries of the area occasioned in part by the character and timing of surrounding 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. 12. 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 scaping will not be constructed assessment will be levied during this fiscal year. set forth in ~he attachment hereto. The land- in the 1985-1986 Fiscal Year. Therefore, no 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 following budget and assessment upon all parcels of property within Maintenance District No. 12, 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 wi%h 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 0.00 0.00 0.00 0.00 Assessment No. 1 ASSESSMENT ROLL FISCAL YEAR 1985 - 1986 Assessor's Parcel No. 380-010-21-00-5 Assessment DATED: June 12, 1985. ,x ~. Dale Hawley ' Public Works Manager City of Bakersfield -8- MAINTENANCE DISTRICT NO. 12 EL PORTAL, A SMALL MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA The various lots and parcels within the district shall be assessed at the fol- lowing rate: For each assessable lot or parcel, the assessment shall equal the dollar amount determined by: (a) 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; multiplied by (b) in the case of a lot or parcel for which a subdivision map, indicating the actual number of dwelling units to be constructed on the lot or parcel, has been approved by the City or has been filed in the County Recorder's office, or for which the actual number of dwelling units to be constructed on the lot or parcel has been other- wise approved ~ the City, and provided that said ap- provals and filings occurred before the date set for the annual hearing on the assessment district before the City Council, the number of dwelling units permitted to be constructed on the lot or parcel pursuant to said approval; and divided by (c) the number of dwelling units permitted to be constructed in the district. a x b Assessment for each lot or parcel -9-