HomeMy WebLinkAboutROI NO 1580
RESOLUTION OF INTENTION NO. 1580
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-82 (34TH STREET FROM "Q"
STREET TO UNION AVENUE), TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR1S REPORT, THE BOUNDARIES OF THE
ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA,
ZONE OF BENEFIT AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL,
AND SETTING TIME AND PLACE FOR HEARING
PROTESTS TO THE PROPOSED ADDITION OF
TERRITORY.
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a 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 City proposes to construct Median Islands and install
street landscaping including trees, tree grates, lights and automatic irrigation in 34th.
Street between "a" Street & Union Avenue; and
WHEREAS, 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 4-82 (34th Street), to the Consolidated Maintenance District, said
area is generally described in Exhibit "A" attached hereto, to maintain and operate the
local improvements including median and street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the City
Clerk 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
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(d) a budget, Exhibit "D," containing the matters specified in Section
13.04. of the Bakersfield Municipal Code; and
(e) the amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E".
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 4-82, (34th Street from "a" St. to Union Ave.)
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 4-82 (34th Street from "a" Street to Union Avenue) 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.
4. The City Council hereby fixes Wednesday, March 12, 2008, at
6:30 PM, or as soon as thereafter as may be heard, at the Council Chambers of the City
Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing
protests on the following matters:
ADDING TERRITORY TO THE DISTRICT;
SETTING THE BOUNDARIES OF THE ADDITIONAL
TERRITORY;
FAIRNESS OF THE BENEFIT FORMULA;
ZONE OF BENEFIT (STREET) INCLUDING TIER LEVEL;
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THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL
OF PROPERTY TO BE ASSESSED;
RESERVATION BY CITY OF THE 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 City Clerk at 1501 Truxtun Avenue, Bakersfield,
California, at or before said time set for the protest hearing; and said City Clerk shall
endorse on each protest the date and hour of its receipt, and at said hearing shall
present to the Council all such protests filed with said Clerk.
5. The City Clerk is hereby further directed to cause notice of said
protest hearing to be published, posted and mailed in the manner prescribed by
Sections 13.04. of the Bakersfield Municipal Code, and to mail to each property owner a
notice of proposed assessment and assessment ballot in compliance with Proposition
218.
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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
JAtJ 1 6 Z008 , by the following vote:
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ABSTAIN:
ABSENT:
COUNCILMEMBER CAR~N, QitJlIAM, w~coucH: HAN~ SULL~N, SC~ER
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER t)/?..h~
CITY CLERK and Ex Officio Clerk of e
Council of the City of Bakersfield
APPROVED:
JAN 1 6 Z008
HARVEY L. HALL
MA YOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ~--m. ~
MD4-82ri08.doc
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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. .
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-82, (34th STREET)
Fiscal Year 2007-2008
Area 4-82 (34th Street from "a" st. to Union Av.), which is an addition of
territory to the Consolidated Maintenance District, is generally described as an area
bounded Union Avenue on the east, "a" Street on the west, 36th Street on the north,
33rd. Street on the south with all maintenance improvements being on 34th Street, and
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 street
landscaping improvements. The improvements generally include, but are not limited
to, trees, irrigation system, conduits, lights, 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 street 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 the cost of all maintenance and
operation of 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 4-82, (34th Street from "a" St. to Union Av.) is
being added to the Consolidated Maintenance District for the maintenance of street
landscaping. The area will be assigned the appropriate street tier in the Consolidated
Maintenance District. Each parcel will be assessed based on an Equivalent Dwelling
Unit basis.
EXHIBIT "111
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. .
All parcels within this additional territory shall be assessed an amount per
parcel as set forth in Exhibit "C". However, parcels will not be assessed until street
landscape improvements have been installed. When median and street landscape
improvements have been completed, street tier 2 assessments will be assessed at the
amounts set forth in Exhibit "E",
The area will consist of nonresidential use, thus all parcels within the area
will be affected. Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
Public 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 "D" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional area, Area
4-82, (34th Street from "a" St. from Union Av.), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
1<"/ I ohj-
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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MD4-B2riOB.DOC
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r
LEGAL DESCRIPTION
Area 4-82
A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion
of Section 19, Township 29 South, Range 28 East, M.D.B.&M" more particularly described as follows:
Assessors Tax Number
As shown of Recorded Map
120-290-08-00-4
120-290-10-00-9
PM 6822 Lot 3
120-290-11-00-2
PM 6822 Lot 2
120-290-12-00-5
PM 6822 Lot 1
120-310-34-00-4
LLA 03-1315 Lot 2 Memorial Hospital
120-210-01-00-9
PM 546 Lot 01
120-210-02-00-2
PM 546 Lot 02
120-210-03-00-5
PM 546 Lot 03
120-210-04-00-8
PM 546 Lot 04
120-210-05-00-1
PM 546 Lot 05
120-210-06-00-4
PM 546 Lot 06
120-210-07-00-7
PM 546 Lot 07
120-210-11-00-8
PM 546 Lot 11
120-210-12-00-1
PM 546 Lot 12
120-210-13-00-4
PM 546 Lot 13
120-210-14-00-7
PM 546 Lot 14
120-210-15-00-0
PM 546 Lot 15
120-210-18-00-9
PM 546 Lot 18
120-210-19-00-2
PM 546 Lot 19
120-210-20-00-4
PM 546 Lot 20
120-210-22-00-0
PM 546 Lot 8 & N,1/2 of 9
EXHIBIT "A"
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P:\34th Street MD\LegaI4-82.doc
Assessors Tax Number
120-210-23-00-3
120-210-24-00-6
120-181-15-00-9
002-011-01-00-7
002-011-06-00-2
002-011-15-00-8
002-011-16-00-1
002-011-17-00-4
002-011-26-00-0
002-011-25-00-7
002-042-17-00-0
002-042-16-00-7
002-041-05-00-8
002-041-04-00-5
002-041-03-00-2
002-041-18-00-6
P:\34th Street MD\LegaI4-82.doc
As shown of Recorded Map
PM 546 Lot 10 & 8,1/2 of 9
PM 546 Lot 16 & 17
Northern Division City of Bakersfield Block 630 Lot 3
Pm 820 Parcel A
PMW P98-0467 Lot 2
PMW P98-0467 Lot 1
Homemaker Park Block 4 Lot 1, 2 & Easterly 86' of Lot 3
Homemaker Park Block 4 Lot 4 & Westerly 14' of Lot 3
Homemaker Park Block 3 Lot 1, 2 & E. 1/2 of Lot 3
Homemaker Park Block 3 W. 1/2 of Lot 3 & E. 1/2 of Lot 4
Homemaker Park Block 3 W. 1/2 of Lot 4
Homemaker Park Block 3 Lot 5
EXHIBIT "A"
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
AREA 4-82, (34TH ST FROM 'a' TO UNION AVE) !
TO THE CONSOLIDATED MAINTENANCE DISTRICT I
BAKERSFIELD, CALIFORNIA l1
.
NOT TO SCALE
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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. <<. ~p..K~-9
EXHIBIT IICII 0 %
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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 IICII
Page 2 of 4
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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.
Parkside Villaae (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 & Verduao (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
O,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 IICII
Page 3 of 4
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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 II (4-29)
19TH, Eye. W (4-52)
34th Street (4-82)
from "a" Street to Union Av.
Stockdale. Calloway (1-15)
Coffee. Gosford (2-15)
Stockdale. Buena Vista SW (2-22)
P:\34th Street MD\MD4-82 Example C.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.
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 IICII ~ ~p..K~-9
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EXHIBIT "0"
MAINTENANCE DISTRICT AREA 4-82
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)
$0.00
Estimated Beginning Fund Balance(Deficit)
$0.00
Less: City Contributions
$0.00
NET AMOUNT TO BE ASSESSED
$0.00
MD4-82d.XLS
EXHIBIT
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Total
Date:
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-82
Assessor's Tax No.
120-290-08-00-4
120-290-10-00-9
120-290-11-00-2
120-290-12-00-5
120-31 0-34-00-4
120-210-01-00-9
120-210-02-00-2
120-210-03-00-5
120-210-04-00-8
120-210-05-00-1
120-210-06-00-4
120-210-07 -00-7
120-210-11-00-8
120-210-12-00-1
120-210-13-00-4
120-210-14-00-7
120-210-15-00-0
120-210-18-00-9
120-210-19-00-2
120-210-20-00-4
120-210-22-00-0
120-210-23-00-3
120-210-24-00-6
120-181-15-00-9
002-011-01-00-7
002-011-06-00-2
002-011-15-00-8
002-011-16-00-1
002-011-17 -00-4
002-011-26-00-0
002-011-25-00-7
002-042-17 -00-0
002-042-16-00-7
002-041-05-00-8
002-041-04-00-5
002-041-03-00-2
002-041-18-00-6
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Total amount to be
collected for FY 2007-2008
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
P:\34th Street MD\MD4-82E05.xls
EXHIBIT IIEII
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ORIGINAL
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 17th day of Januarv. 2008 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1580,
passed by the Bakersfield City Council at a meeting held on the 17th day of Januarv,
2008 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ADD TERRITORY, AREA 4-82 (34TH STREET FROM Q STREET TO
UNION AVENUE) 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
AND SETTING TIME AND PLACE FOR HEARING PROTESTS TO THE
PROPOSED ADDITION OF TERRITORY.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~~.
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .ROl.wpd
1/17/2008
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ORIGINAL
RESOLUTION OF INTENTION NO. 1580
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-82 (34TH STREET FROM "Q"
STREET TO UNION AVENUE), 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,
ZONE OF BENEFIT AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL,
AND SETTING TIME AND PLACE FOR HEARING
PROTESTS TO THE PROPOSED ADDITION OF
TERRITORY.
r---' POSTED ON l
~ In/ce "
by CIty Clerk's Office I
City of I
Bakersfield I
L!:Y-_~ ~
WHEREAS, Chapter 13,04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a 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 City proposes to construct Median Islands and install
street landscaping including trees, tree grates, lights and automatic irrigation in 34th,
Street between "a" Street & Union Avenue; and
WHEREAS, 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 4-82 (34th Street), to the Consolidated Maintenance District, said
area is generally described in Exhibit IIAII attached hereto, to maintain and operate the
local improvements including median and street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the City
Clerk his Report, attached hereto and incorporated herein by reference as Exhibit "111,
containing the following:
(a) a description of the boundary of the additional territory, attached
hereto as Exhibit IIAII; 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 "CII; and
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ORIGINAL