HomeMy WebLinkAboutROI NO 1568
RESOLUTION OF INTENTION NO. 1568
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-78 (BRIMHALL, CALLOWAY NW
#2), 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 1-78 (Brimhall, Calloway NW #2), to the Consolidated
Maintenance District, said area is generally described in Exhibit "A" attached hereto, to
maintain and operate the local improvements including 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 "0," 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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ORIGINAL
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Parcel Map No. 11671 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:
herein.
1. The foregoing recitals are true and correct and are incorporated
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 1-78 (Brimhall, Calloway NW #2), 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 liB", entitled "Map and Assessment Diagram for Addition of
Territory, Area 1-78 (Brimhall, Calloway NW #2) 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 Zone of benefit and is assessed an amount as 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 Council of the City of Bakersfield at a regular meeting thereof held on
NOV 0 7 2007 , by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR;- COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER V\...thUL
COUNCILMEMBER ~
COUNCILMEMBER \d, .LA
fhs/;,
APPROVED:
NOV 0 7 2007
HARVEY ~. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:~?/h ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
MD1-78ri05.doc
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-78 (BRIMHALL, CALLOWAY NW #2)
Fiscal Year 2007-2008
Addition of territory, Area 1-78 (Brimhall, Calloway NW #2) to the
Consolidated Maintenance District is generally described as an area bounded by a line
approximately 660 feet north of Brimhall Road on the north, a line approximately 660
feet west of Calloway Drive on the east, Brimhall Road on the south and a line
approximately 830 feet west of Calloway Drive 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 public street
medians and other public street landscaping. The improvements generally include,
but are not limited to, 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 1-78 (Brimhall, Calloway NW #2) is being added
to the Consolidated Maintenance District for the maintenance of public street median
and other street landscaping. The area will be assigned appropriate street tiers in the
Consolidated Maintenance District so that each parcel will be assessed the same
EXHIBIT "1"
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ORIGINAL
1
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
street landscaping has been installed. When street landscape improvements have
been completed, the appropriate street tier level 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 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.
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 2007-2008 Budget and Assessment Roll as set
forth in Exhibit "0" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 1-78 (Brimhall, Calloway NW #2), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated: (('yz-Y'O'-;
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 1-78
Being a portion of the Southeast quarter of Section 30, Township 29 South, Range 27 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the Southeast comer of said Section 30, said point being on the centerline of Brimhall
Road; thence along the South line of said Section 30 and centerline of Brimhall Road, North 89006'37"
West, a distance of675.06 feet to the True Point of Beginning;
1) Thence continuing along said South line and centerline, North 89006'37" West, a distance of
168.76 feet;
2) Thence departing said South line and centerline, North 00051 '26" East, a distance of661.24 feet;
3) Thence South 89007'38" East, a distance of 168.76 feet;
4) Thence South 00051 '24" West, a distance of661.29 feet, more or less, to the True Point of
Beginning.
Containing 2.56 acres, more or less.
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF lERAfTORY
(AREA 1-78, BRIMHALL, CALLOWAY NW 12).TO THE
CONSOUDA lED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
N89'07'Ja"W 168. 76'
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SE COR.SEC. 30
T295, R27E, P.Q,B.
F1lED IN 1HE OFFlCE OF 'IllE OTY CLERIC 'IllIS _ DAY
OF 20~
FILED FOR RECORD lHS _ DAY OF
20~ AT _ ~Il., IN BDOIC _ OF ASSESSIlENT
D1S1R1CTS AT PAGE _ IN lHE OFFlCE OF 'IllE COUNTY
RECORDER OF lHE COUNTY OF KERN. STAlE OF CAI.F'ORNA.
OTY CLERIC OF lHE OTY OF
BAKERSFIELD, CAlIFORNIA
JAUES W FITCH
COUNTY ASSESSOR-RECORDER
AN ASSESSIlENT WAS LE'tlm BY 'IllE OTY COUNCI. ON THE LOlS,
PIECES AND PARCELS OF LAND SHO" ON THIS ASSESSIoIENT D1AGRAlA.
SAID ASSESSlAENT WAS LE\1m ON lHE _ DAY OF
2D.......; SAID ASSESSIlENT DIAGRAM AND
lHE ASSESSIlENT RlllL \1ERE RECORDED IN 'IllE OFFlCE OF lHE
DEPARllAENT OF PUIlUC WORKS OF SAID OTY ON 'IllE _ DAY
OF 20_ REFERENCE IS IlADE 10 lHE
ASSESSIlENT RlllL RECORDED IN THE OFFlCE OF lHE DEPAR1IlENT OF
PUIlUC WORKS FOR lHE EXACT AlAOUNT OF EACH ASSESSIlENT LE\1m
AGAINST EACH PARCEl. OF LAND SHO\W<l ON lHS ASSESSIlENT D1AGRAlA.
BY
CHIEF DEPUTY RECORDER
RECORDED IN 1HE 0FF1CE OF lHE DEPARllAENT OF PUBUC WllRICS
'IllIS _ DAY OF 2CL...
D1REClOR OF PUIlUC WORKS
BAICERSFIELD, CAlIFORNIA
OTY CLfRI( OF lHE aTY OF
BAKERSFIELD, CAlIFORNIA
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EXHIBIT -St
Ro..<, MOl-78 SHEET' .,Y
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INAL
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. AI<
EXHIBIT "C" 0'< v ~~<fl
Page 1 of 4 ;: *
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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
EDU
1.0
REMARKS
Agricultural Zone
Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0
Per parcel
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"
Page 2 of4
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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
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
Parks ide Villaoe (2-01)
Single Family
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential
(Castle & Cooke)
Non Residential
(Parkside Partners)
Brimhall & Verduoo (1-09)
Seven Oaks. North (2-11) & South (2-20)
Undeveloped R-1 zoned
5 acres or more
California Avenue (1-07)
Stockdale. California NE (1-18)
Stockdale. Villaae Lane (1-20)
Non Residential
EDU
REMARKS
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
1.0
0.86/unit
0.58/unit
24.26
7.56
3/acre
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage
EXHIBIT "C"
Page 3 of 4
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ORIGINAL
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11.4-16)
Wall Street (4-25)
Baker Street (4-24)
Baker Street" (4-29)
Stockdale. Callowav (1-15)
Coffee. Gosford (2-15)
Stockdale. Buena Vista SW (2-22)
S:\B30\211-00\docs\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" ~ ~Mf'9
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ORIGINAL
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 1-78
Said assessment is made in accordance with the benefit formula attached hereto.
2007 -2008
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$0.00
EXHIBIT
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ORIGINAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-78
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Assessor's Tax No.
Total amount to
be collected for
FY 2007-2008
110-170-13-00-0
$Q.OO
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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ORIGINAL
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
Parcel Map No. 11671. All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200_, by
David R. Wilson. Trustee of the Wilson Revocable Trust dated January 26. 1994. (hereinafter, "Owner"), in
connection with the Consolidated Maintenance District, located in the City of Bakersfield, California.
The real property herein described is located within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of public landscaping on public rights-of-way within the
district. The appropriate Street Tier will be assigned when landscape 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 public landscaping based on full buildout of this district, is $120.96
per equivalent dwelling unit, based on fiscal year 2004-2005 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.
Dated this
day of
,200_.
Owner(s )/Developer(s):
David R. Wilson.
Trustee of the Wilson Revocable Trust
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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ORIGINAL
MDI-78ym11671.doc
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 8th day of November, 2007 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1568,
passed by the Bakersfield City Council at a meeting held on the 7th day of November,
2007 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
1-78 (BRIMHALL, CALLOWAY NW #2), TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OFF 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:~~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP ,ROI, wpd
11/6/2007
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ORIGINAL
RESOLUTION OF INTENTION NO. 1568
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-78 (BRIMHALL, CALLOWAY NW
#2), 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.
,---
POSTED ON
--14r2{ 0 -7
by City Clerk's Office
,
I City of
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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 Bakersfreld
to add territory, Area 1-78 (Brimhall, Calloway NW #2), to the Consolidated
Maintenance District, said area is generally described in Exhibit "All attached hereto, to
maintain and operate the local improvements including 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 "0," 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
1
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