HomeMy WebLinkAboutROI NO 1456
RESOLUTION OF INTENTION NO. 1456
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 5-26 (E. PANAMA, S. UNION SE) TO
THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE
AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL.
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide
for the payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the several lots or parcels of property within the
maintenance district established therefore; and
WHEREAS, the property owner has requested the City Council to include
the property within the Consolidated Maintenance District in accordance with the
procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of
the City of Bakersfield and the Public Works Director recommends addition of territory to
the Consolidated Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield
to add territory, Area 5-26 (E. Panama, S. Union SE), to the Consolidated Maintenance
District, said area is generally described in Exhibit "A" attached hereto, to maintain and
operate the local improvements including a public park and public street landscaping;
and
WHEREAS, the Public Works Director has on this date filed with the Clerk
of said Council his Report, attached hereto and incorporated herein by reference as
Exhibit "1 ", containing the following:
(a) a description of the boundary of the additional territory, attached
hereto as Exhibit "A"; and
(b) a map and assessment diagram of the additional territory, attached
hereto as Exhibit "B"; and
(c) the benefit formula set forth as Exhibit "C"; and
(d) a budget, Exhibit "D," containing the matters specified in Section
13.04.130 of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E"; and
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i)RIGINAL
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tentative Tract No. 6333, which waives any and all hearings
(whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
WHEREAS, said property owner has returned his assessment ballot
indicating his support of the proposed assessments and inclusion in the Consolidated
Maintenance District.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated
herein.
2. The City Council hereby preliminarily adopts and approves the
Public Works Director's Report and declares that the territory within the boundaries so
specified and described is the area, Area 5-26 (E. Panama, S. Union SE), benefiting
from said local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the exterior
boundaries thereof are hereby specified and described to be as shown on that certain
map marked Exhibit "B", entitled "Map and Assessment Diagram for Addition of
Territory, Area 5-26 (E. Panama, S. Union SE) to the Consolidated Maintenance
District, Bakersfield, California," which map indicates by a boundary line the extent of
the territory to be added to the Consolidated Maintenance District and shall govern for
all details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street
Landscape and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In
each subsequent year, annual assessments may increase by the cost of living reflected
in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price
Index.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the COUJ1cjl ffothe City of Bakersfield at a regular meeting thereof held on
MAY 2006 , by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON. BENHAM. MAGGARD. COUCH. HANSON, SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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bcp, CITY CLERK and Ex Offici lerk of the
Council of the City of Bake sfield
APPROVED:
MAY 1 0 2006
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD5-26ri05.doc
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-26 (E. PANAMA, S. UNION SE)
Fiscal Year 2005-2006
Addition of territory, Area 5-26 (E. Panama, S. Union SE) to the
Consolidated Maintenance District is generally described as an area bounded by E.
Panama Lane on the north, a line approximately 1,980 feet east of S. Union Avenue on
the east, a line approximately 1,320 feet south of E. Panama Lane on the south and S.
Union Avenue on the west as specifically shown on Map and Assessment Diagram
marked Exhibit "B," attached hereto and incorporated herein by reference as though
fully set forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal
Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the
Public Works Director makes and files this Report and proposed assessment of and
upon all parcels of property within the area for the cost of maintaining a public park
and public street medians and other public street landscaping. The improvements
generally include, but are not limited to, recreation and sports equipment including
swings, slides, play structures and storage buildings; picnic facilities including tables,
benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system
including water mains, sprinklers, fountains, and electrical wires, conduits and timers;
plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways
now existing or hereafter to be constructed or planted in and for said area and are of a
public nature. The assessment includes the cost of necessary repairs, replacement,
water, electricity, care, supervision and any and all other items necessary for the proper
maintenance and operation thereof, and all additions and improvements thereto which
may hereafter be made.
For many years, public parks, public streets median and other public
street landscaping improvements in the City were maintained through traditional tax
revenues. After Proposition 13, in 1978, funds available for maintenance and operation
of parks, street median and other street landscaping improvements were substantially
reduced. At present, the City's budget does not allow for maintenance and operation of
park and street landscaping improvements of the type described above. Thus, without
funds for maintenance and operating costs from a source other than general tax
revenues, the City does not permit new public parks, street median and other street
landscaping improvements to be constructed within the City.
Additional territory, Area 5-26 (E. Panama, S. Union SE) is being added to
EXHIBIT "1"
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ORIGINAl
the Consolidated Maintenance District for the maintenance of a park and public street
median and other street landscaping. The area will be assigned appropriate park and
street tiers in the Consolidated Maintenance District so that each parcel will be
assessed the same amount as other parcels receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed
that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is
defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may
increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All
Urban Consumers Consumer Price Index. However, parcels will not be assessed until
park and/or street landscaping have been installed. When park and/or street landscape
improvements have been completed, the appropriate park and street tier levels will be
assigned, but in no case shall the assessments exceed the amount established in
Resolution No. 019-05 as escalated per the above described Consumer Price Index.
The area will consist of residential use and non-residential use, thus all
parcels within the area will be affected. Sensory benefits from installing street
landscaping are aesthetic enhancement and open space enjoyment.
A public park will benefit all the residential lots and public median and
street landscaping will benefit all the lots or parcels and will be assessed on an
Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth
herein as Exhibit "C" and attached hereto and incorporated in this resolution as though
fully set forth herein.
NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works 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 Fiscal Year 2005-2006 Budget and Assessment Roll as set
forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 5-26 (E. Panama, S. Union SE), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 5-26
Being a portion of the of the Northwest quarter of Section 29, Township 30 South, Range 28 East,
M.D.B.&M., more particularly described as follows:
Beginning at the Northwest corner of said Section 29, said point being the centerline intersection of
South Union Avenue and East Panama Lane, said point being the True Point of Beginning;
I) Thence along the North line of said Section 29 and centerline of East Panama Lane, South
89"31' 15" East, a distance of 1978.56 feet;
2) Thence departing said North line and centerline, South 00"33'16" West, a distance of 1321.71
feet, more or less, to a point on the North line of the Arvin-Edison Canal;
3) Thence along the North line of the Arvin-Edison Canal, North 89"31 '39" West, a distance of
1703.80 feet;
4) Thence North 00"35'18" East, a distance of900.00 feet;
5) Thence North 89"31 '39" West, a distance of275.55 feet, more or less, to a point on the West line
of said Section 29 and centerline of South Union Avenue;
6) Thence North 00"35' 18" East, along said West line and centerline, a distance of 421.94 feet,
more or less, to the True Point of Beginning.
Containing 54.36 acres, more or less.
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MAP AND ASSESSMENT DIAGRAM
FOR ADDI1lON OF TERRITORY
(AREA 5-26, E. PANAMA, S. UNION SE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
NW CORN
r I ER SEC~ON 29
1305, R2BE, T.P.0.8.
N 89'31'15' W 1978.56 ~ e EAST PANAMA LANE
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275.55 OERBYSHIREORIVE .-----'
, 0 -<ro . ^' HARTl[POOl AVENUE f;
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N 89'31'39" W 1703.60
ARVIN - EDISON CANAL
fiLED IN THE ornCE Of THE OTY CLERK THIS _ DAY
Of 20-,
fiLED FOR RECORO THIS _ DAY Of'
20____ AT _ --,W., IN BOOK _ Of ASSESSMENT
OlsmlCTS AT PAGE _ IN THE OFFICE Of THE COUNTY
RECORDER Of THE COUNTY Of KERN, STATE Of CAUf'ORNIA.
CITY CLERK OF THE CITY Of
BAKERSflELD, CALIFORNIA
.JAIJF'5;; W F1TCH
COUNTY ASSESSOR-RECORDER
AN ASSESSNENT WAS L..£Y1ED BY THE OTY COUNCIL ON THE LOTS.
PIECES AND PARŒlS OF LAND SHO'MII ON THIS ASSESSt.IENT DIAGRAM.
SAID ASSESSMENT WAS LE'YIED ON TI£ DAY Of
20-, SAID ASSESSMENT DlAGRAW AND
THE ASSESSMENT RDU. ~E RECORDED IN TH£ omŒ OF THE
OEPARTMENT Of PUBUC WORKS Of SAID CITY ON THE DAY
OF 20-, REFERENCE IS MADE TO THE
ASSESSMENT ROLL RECORDED IN THE OffICE OF THE DEPARTMENT OF
PUBUC 'lltlRKS fOR THE EXACT ANOUNT OF EAQi ASSESSt.IENT LEVIED
AGAINST EACH PARCEL Of LAND SHO'MII ON THIS ASSESSMENT DIAGRAM.
BY
QiIEf' DEPUTY RECORD£R
RECORDED IN THE OFFICE Of THE DEPARTMENT Of' PUBUC WORKS
THIS OA Y Of 20-,
DIRECTOR Of PUBUC WORKS
SAlŒRSflELD, CALIfORNIA
OTY CLERK OF THE CITY Of
BAKERSFlELD. CALIFORNIA
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EXHIBIT .~.
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CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount
as defined in (1) below:
Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2)
below:
Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the
amounts as defined in (1) and (2) below:
(1) shall equal the dollar amount budgeted for the maintenance and operation of
the STREET LANDSCAPING (S) within the district, adjusted for prior year fund
balance or deficit;
Multiplied by (a): The number of Equivalent Dwelling Units (EDU's as defined
on page 2 of this exhibit) for the parcel, and;
Multiplied by (t): The factor for the tier level, which equals the street tier
number, and;
Divided by (b): The total number of street EDU's in the district.
(1) = S x a x t
b
NOTE: Undeveloped residential and commercial parcels with no existing adjacent median or
street landscaping shall be assessed one-half the number of EDU's for that parcel.
Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be
assessed one-fourth the number of EDU's for that parcel
(2) shall be the dollar amount budgeted for the maintenance and operation of the
PARKS (P) within the district, adjusted for prior year fund balance or deficit;
Multiplied by (a): The number of EDU's for the parcel, and;
Multiplied by (t): The factor for the tier level, which equals the park tier number,
and;
Divided by (b): The total number of park EDU's in the district.
(2) = P x a x t
b
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
January 12, 2005 have been frozen at the 1996-1997 level. Areas formed after January 12, 2005 will be
assessed an amount not to exceed $146.70 for 2005-2006. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All
Urban Consumers Consumer Price Index. AK
EXHIBIT "C" ~ '?> ~1'ú'
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ORIGINAl .'
EQUIVALENT DWELLING UNIT (EDU) CHART
An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shall be
calculated by use or potential use per zoning as follows:
USE
Single Family (Detached)
Dwelling Unit, less than
5 acres
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
Agricultural Zone
Undeveloped R-1 zoned
5 acres or more.
4/acre
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Rounded down to the
nearest whole number.
Multi-Family (Attached)
0.71/unit
Undeveloped R-2, R-3
0.71/unit
Number of units shall equal
the acreage multiplied by 12
rounded down to the nearest
whole number.
Non Residential
6/acre
Rounded to nearest .01
Mobile Homes in parks
(Rent Space)
0.71/unit
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per the
above.
EXHIBIT "C" '< 'òA.K~1'
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ORIGINAL
EDU EXCEPTIONS
Several exceptions have been made to the base EDU rates in the areas listed below
due to commitments made at the time of formation of the original districts.
USE
EDU
REMARKS
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parks ide Villaqe (2-01)
Single Family
Dwelling Unit (Vineyard)
1.0
Multi-Family
Dwelling Unit (Shores)
0.86/unit
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
0.58/unit
Non Residential
(Castle & Cooke)
24.26
Non Residential
(Parkside Partners)
7.56
Brimhall & Verduqo (1-09)
Seven Oaks. North (2-11) & South (2-20)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Villaqe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage
EXHIBIT "C" 'ò1\K~
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USE
Union Avenue(4-0n
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11, 4-16)
Wall Street (4-25)
Baker Street (4-24)
Baker Street II (4-29)
Stockdale, Callowav (1-15)
Coffee, Gosford (2-15)
Stockdale, Buena Vista SW (2-22)
S:\B30\211-00ldocs\ExhC_06.doc
EDU
REMARKS
3
Per parcel
0.71/unit
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Area for each parcel is based
6/acre
50% on lot area and 50% on
building area.
Park maintenance fee to be
paid per Agreement 96-81 (1).
Park maintenance fee to be
paid per Ordinance No. 3957.
EXHIBIT "C" 'òAK~
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ORIGINAL
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 5-26
Said assessment is made in accordance with the benefit formula attached hereto.
2005-2006
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
$0.00
Estimated Beginning Fund Balance(Deficit)
$0.00
Less: City Contributions
$0.00
NET AMOUNT TO BE ASSESSED
$0.00
EXHIBIT
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 5-26
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total amount to
be collected for
FY 2005-2006
518-030-01-00-6
518-070-01-00-8
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Tentative Tract No. 6533. All Lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of
Lennar Homes of California. Inc.. (hereinafter, "Owner"), in connection with the Consolidated
District, located in the City of Bakersfield, Califomia.
, 200_, by
Maintenance
The real property herein described is located within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way
within the district. The appropriate Street and Park Tiers will be assigned when landscape and park improvements
have been installed.
Although this property may have been assessed a lesser amount in the present tax year, the ultimate
estimated annual assessment for maintenance of a public park and public landscaping based on full buildout of this
district, is $146.70 per equivalent dwelling unit, based on fiscal year 2005-2006 dollars and labor costs of the
district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los
Angeles-Riverside-Orange County! All Urban Consumers Consumer Price Index. (See Bakersfield City Council
Resolution No. 019-05.)
This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This
covenant shall run with the land.
day of
,200_.
Dated this
ûwner( s )/Developer( s ):
Lennar Homes of Califomia. Inc.
Citv of Bakersfield:
Raul M. Rojas, Public Works
Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
MD5-26_T6333.doc
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ORIGINAl~
NOTICE OF EXEMPTION
Appendix I
TO: County Clerk
COUNTY OF KERN
1115 Truxtun Avenue
Bakersfield, CA 93301
Project Title: Addinq Territorv (Area 5-26. E. Panama. S. Union SE or Tract 6333) to the
Consolidated Maintenance District.
Project Location-Specific: The area is qenerally bounded bv E. Panama Lane on the north. a
line approximatelv 1.980 feet east of S. Union Avenue on the east. a line approximatelv 1.320
feet south of E. Panama Lane on the south and S. Union Avenue on the west.
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Maintenance of public park. street and median landscapinq
improvements.
Name of Public Agency Approving Project: CITY OF BAKERSFIELD
Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS
Exempt Status: (Check One)
Ministerial (Sec. 21080 (b) (1); 15268 (a);
Declared Emergency (Sec. 21080 (b) (4); 15269 (b) (c);
Emergency Project (Sec. 21080 (b) (4); 15269 (b) (c);
2S.. Categorical Exemption. State type and section number.
Section 15305(f)
Statutory Exemptions. State code number.
Reasons why project is exempt: Minor alteration in land use limitations with addition of territorv
to an existinq Maintenance District. CEQA quid eline, Citv of Bakersfield Resolution No. 212-92.
Lead Agency
Contact Person: Marian Shaw Area CodelTelephone/Extension: (661) 326-3579
If filed by applicant:
1. Attach certified document of exemption findin9.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes 2S.. No
Signature:
Date:
2006
Title: Marian P. Shaw, Civil Enqineer IV
2S.. Si9ned by Lead Agency Date received for filing at OPR:
2S.. Signed by Applicant
Noe5-26.doc
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
COUNTY OF KERN )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 11th day of Mav , 2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1456.
passed by the Bakersfield City Council at a meeting held on the 10th day of May, 2006
and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
5-26 (E. PANAMA, S. UNION SE) TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~.År Jé
DEPUTY C' y Clerk
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ORIGINAL