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HomeMy WebLinkAboutMD Packet 4-1B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM T0: .Allen Abe,, Assistant Recreation and Parks Director FROM: Marian P. Shaw, Civil Engineer IV -DATE: July 3, 2002 SUBJECT: Delete Assessments Area 4-01 Q-- o I Re: Area 4-01, bounded generally by Fairfax Road, College Avenue, Morning Drive and Hi hwa 178. g Y .,When this maintenance district was formed under the original system, all parcels within the \~ ~ district were assessed. Undeveloped parcels were assessed at one half the rate of developed parcels. All parcels continue to be assessed. Under the current policy the general rule is only parcels within a half mile, measured perpendicular, to a street with Iandsca-ping are assessed. The parcels in the east half of this section would not be assessed under the current policy. Many... of the parcels in this area have been foreclosed on by East Niles Community Services District for failure to pay some water district bond assessments. We have received a requestto havetheassessmentsonthese parcelsdeleted. Sincethese parcels would not be assessed under the current policy we are proposing to delete. the current~and past assessments on the parcels in the east half of the section. The total amount of the assessments for these parcels is $14,265 per year. Note that- the assessments on the undeveloped parcels in the west half of the section would not be deleted. Since this affects your budget we would like your approval to delete these assessments. Pf~~~2S ~ ~ ~ ~2 1 S:\Projects\MAINDIST~Memo\4-01.wpd ~~L ~~~ ~ Fwd rvt ~'L I B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM To: Dani Smith From: Lauren Dimberg Date: July 17, 2001 Subject: CMD Parcels That Do Not Get A Tax Bill ~~ { ;-~ r,. 1 ~ P ,; r"~ f ~ ~ f. ~`~ ~; ~. The following parcels are within the Chester Avenue area of the CMD but do not get a tax bill. ..~.~mY~ These uarce~~~nee~~"~o~e billed. ~~~"~_ ~.-. ~... ~~~°~~ APN ~- Name Amt ~~ ~'°, 5 ~ ~f r` Qf,.~~` 005-431-02 BC downtown 585.50 ~ ~ ~ ~~ ~~~ r 005-442-01 ~ 005-452-07 GET transfer AT&T 149.98 194.26 ~~~ 006-172-09 Board of Ed (City Ctr) 749.86 ~' 006-182-04 COB Dev Services 211.60 ' ~, 006-182-05 COB Dev Serv Parking 47.88 ~ ~`~-,. 006-192-07 ~~~~ Hall of Records 115.06 A~ t~erral~lh~ govt roll are: ~~~~~~~...~~. ynY+~ 009-471-21 Turner Motel (City owned) 68.40 ~ ~. 434-010-07* - Hwy 178 & Morning 1,045.38 Y '~ ' ~` 434-010-08* ~ Ditto $63.84. ~, ~ ,~.~ ~~ ` 434-010-09*~~~~ Ditto 2,912.24 434-010-10~~-- Ditto 2,030.12 434-010-11 * ~~~ Ditto 523.50 `~~ 435-010-05* ~` Ditto ~ ~ 957.60 ~ ~'~' 435-010-07 Ditto 2128.84 435-010-08'~ Ditto 1,436.54 435-010-10~ .~ f Ditto 2,264.18 '"=~... ,,.. ~~ ::~ ~ t ps1,!. i r: ~~ ,,` ~yy y } ~~. ,,~;, ~~s FA ~ V~q+~~~ 'r• ft1r~~~~~..: .. ~~Aq~~,f.~~: pb .., . 501-010-43 * * Brimhall & Coffey 151.8b 501-010-44* ~ Ditto 131, 34 501-010-45** Ditto ~ 384.42 501-010-46* * Ditto 72.50 501-010-47** Ditto 73,88 501-010-48 * * Ditto 1,342.02 * Per Sue at the Assessor's Office these arcels were forecl p osed on by East Niles Community Services District for non payment of assessments. They are listed as residential acres a and co 1 g u d be developed as such. ~` * These parcels were acquired by the State of California for the Kern River Parkw ay right of. way. Not all of these parcels will be used for the right of wa and ~ could later be develo ed. Y p S:IProjectslMA1NDISTIMemolGovtPar~ l~.wpd ~,~~ ~. PRINCIPALS _ WIll.lAM L FIELDMAN 1917•i998 LAWRENCE G. ROLAPP THOMAS G. JONNSEN THOMAS M. UEMAR5 TIMOTHY I. SCHAEFER KATHERINE A. KOSTER SOUTHERN ~ CALIFORNIA. OFFICE 210C! MAIN ST<{EET suITE ZiQ lRfi~INE, CA '92614.6266 949•G60.8500 FAX 949.474.8773 NORTFIERN CA~.IFORNIA OFFICE 92S•933.6096 FAX 925.933.6098 CHARTER MEMBER NATIONAL ASSOCIATION OF INUEFENDENT PUBLIC FINANCE ADVISORS ~ ~~ ..y ~ Fieldman, Rolapp & Associates „~/~ ,., INDEPENDENT FINANCIAL ADVISORS TO GOVERNMENT June 11, 2002 Mr. John Stinson City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 RE: City of Bakersfield CS MD Kern County Bond Fund #20184 East Niles Community Services District Assessment District #4 1VIr. tmson: l~ a` ~V M1', amount required to be paid to AD No. 4 bondowners on delinquencies and statute requires a 75% :~~~" ~~ approval to accept less. Therefore, the District's plan must accomplish minimum requirements. Critical to the District's plan is the combination of a cancellation of all, or some reasonable portion of, the uncollectable tax liens, through the use of Revenue and Taxation Code Section 49$6.3, along with the District's purchase of the property at foreclosure sale via the "credit bid" mechanism which it implemented in January of 2000. The pertinent language in the Section reads as follows: "AIl or any portion of any uncollected tax, penalty, or costs, may be cancelled by the auditor on order of the board of supervisors with the written consent of the district attorney if it was levied on property subject to assessment for the payment of bonds issued under the Improvement Bond Act of 1915 where that property was acquired after the lien date by a City on foreclosure proceedings. If a city is entitled to bring foreclosure proceedings against any property and the city acquires the property in any other manner than by foreclosure and the governing body of the city by resolution, declares that the acquisition was in lieu of acquisition under foreclosure proceedings, that acquisition is, for the purposes of this section,. an acquisition by foreclosure proceedings. This section applies regardless of whether the property acquired by the city is impressed with a public trust or is acquired for the purpose of resale." This code section has been used successfully in other counties to resolve similar issues including the counties of San Diego, Nevada and Riverside. In November of 2001 the Office of the County Counsel, County of Kern, after a proposal was submitted by the District to waive delinquent ad valorem taxes in total, counter-proposed with the waiver of a portion of the delinquent taxes in question in order to facilitate the sale of the delinquent property. The Treasurer/Tax Collector was, however, only prepared to recommend the cancellation based on recouping $Sg3,443.75 from the net proceeds of such sale. Their position was based partially on the necessity to pay the principal amount of both general and special taxes due to other agencies such as yours. Based on our sale offer of $1.3 million, after payment of a 10% broker fee and the $5$3,443.75, 75% of the AD No. 4 bondowners would need to agree to accept less than 34% of the principal amount due and owing to them. We believe this is highly unlikely. The District would like to engage in discussion with your agency in an attempt to develop a resolution which is mutually acceptable to the County, the City and other taxing agencies and which will result in a more positive result from AD No. 4 bondowners. The ultimate goal is to sell the property and get it on the rolls. We don't believe it possible for everyone to get paid the full amount of principal due and. owing to them; however, we do believe that it is in the best interest of all of the taxing :agencies to come to a mutually beneficial allocation of the proceeds of the sale so that the AD No. 4 bondowners will approve the sale. istance in this matter. If ou have any questions regarding this _ Thank you ~n .advance for your ass Y r uest lease do not hesitate to call me directly at (949) b60-$500 ~ ' p ~ ~, ~ 3~~ Sincerely, FIELDM[AN,- LAPP.. ASSUCTES ~~," ~~+ ~ therine A. Koster Principal KK:kak Cc: Kelly Ulrich, East Niles Community Services District Willa~a~Palmer, Esq., Robinson, Palmer & Logan BAKER_~SFIELD PUBLIC WORKS DEPARTMENT ~~ MEMORANDUM T0: Marian Shaw ~ Engineer III. FROM: Subdivision Squad . 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V .,... . :r+.:. -. r .r.'.. .i..s..... r. rr..r e. r.,n .. ... ..ul .. ..._.. :.e.~. ..... r. n r. ..r.. .rrr t .. r. _t. r....r.~r.. ~......n .. ~.... .. .....rr .r .. t.. . .. r. rr r...r rr .rr....... rr r rt. ~ ~., t....... .. r.. r r.. r.. r rr. . rr.. .. ... rr ..,r ... r r. .r.. .. r. .. r. r.... i. . .. r.. .. ! r. r v,.~......~ .~ C" ~~~A -j: V~ ~, r ~~ ` C.V OY' ~~~+NI\ 11.1' ,~ ~ OR C I T Y 0 F B A l~ E R S F I E L D DEPA RTMENT 0-~ PUBLIC WORK S 1501 Truatun. Avenue Bakersfield, California 93301 (ROS) 326-3724 DALE HAVI'LFY, Manager November 6, 1986 Martin-McIntosh 4130 Ardmore Avenue, Suite 201 Bakersfield, CA 93309 RE: PRELIMINARY' REPORT - PARCEL MAP WAIVER N0. 33-86 Gentlemen: This "Preliminary Report" is to inform you of the Advisory Agency's intention to approve .your request for the waiver of a parcel map to create five parcels for single family dwellings. The site is identified as being a division of Parcel 1 of Parcel Map 2974, located north of Willis Avenue between Latham Street and Morning Drive. The title report lists the owners as Church of God: of Prophecy Holding Association. The anticipated conditions of approval are as follows: 1) Construct standard street paving, curb & gutter, and sidewalk adjacent to all parcels, including the parcel labeled "Not a Part." 2) Construct standard handicap ramps at all returns. ff,-~}'~ Replace the substandard cross-gutter. at .Willis Ave. and Morning Dr. ~~~ ~' -- 4} Remove the County road designations. -These are now City Streets. 5) Provide utility services to .each .parcel, including a separate sewer lateral to each parcel. 6) Include those items circled on the attached list. 7) A11 required improvements shall be completed prior to recordation of the Certificate of Compliance, or the subdivider shall enter into an Improvement Agreement with the City and post approved security. 8) This area is within the Pioneer Planned Drainage Area, and a fee of $2,100 per gross acre shall be paid prior to recordation of the Certificate~of Compliance. Additionally, prior to issuance of a building permit, a sewer connection fee shall be paid, with the fee based on the adopted charge at the time of issuance of the building permit. 9) Prior to recordation of the Certificate of Compliance, the subdivider shall request to be inc-Iuded within Maintenance District No. 8 for maintenance of parks and walls & landscaping along College Avenue and Morning Drive. ~:. t i i v~~ll?~' ,Q Dl'v/~'IO/7 OF o~/ZCFG / 0~ p,4,QC~~ M,4P CID. 2974 ~Z~"C0~0 ED //~ BDoIC l4 OF p,4,~C~L M,4p~, ~,ql'E /(o' l/7 7"~,lE O~'FIC~ DF 7',c~E X~,ll7 COG~/7T'Y ~Z~CO,~ZD~'~2 . .4Lr~'D $~//7~' A P0~2 7"/D!'I OF' T,UE SDCI7"~l - ~J,4L ~ OF Tye' /~D~ T~~.Q 5'r Q1,~,4,~TE~2 0~' 7"~l~' Cl oQT~IE~1 ~'T r l~ l,~,4~ T~,~ D~ ~'EC T/0~ 25 r ~ 7" z 9 S. , ,~Z. 28~. , ~I.O .tit . , C OU/? 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E .02.00 ~~: a, ~, ~y1 m, .,.r:; ~,,~ ~ MaRnlrl~ D~~v,~ CounTY Ro~#o no i6 ~o ~'s' ~,v~'cic, R,W t~i~~G';~4Ef~r PER 3k 2432 , P~; ?9(? , 4. R, ,~,~ , ,. r,` ,~ a Fl r,(' ~ .i . } .fi S-~ f ~ PUBLIC ti S DIRECTOR'S REPORT MAINTENANCE DISTRICT N0. 8 City of Bakersfield Fiscal Year 1983-84 ` W"rIEREAS, on the 3rd day of August, 1983, the Council of the City of Bakersfield adopted its Resolution of Intention (Resolution No. 973) to order the establishment 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 Director, directing him to make and file a Report; and WHEREAS, the Director of Public Works filed with the Clerk of the Council his Report in writing, which Report is as f ollows PUBLIC WORKS DIRECTOR'S REPORT City of Bakersfield Maintenance District No. 8 is. generally described as the area within the City of Bakersfield generally bounded by Morning Drive on the East, College Avenue on the South, Fairfax Road (including those parcels adjacent to and on both sides of Fairfax Road) on the West, and State Route VI Ker 178 on the North, which properties are more specifically identi.fiPd on the Assessment RoJ.I set forth hereinbelow. Pursuant to the provisions of Chapter 13.04 of Title 13 of the P~unicipal Code of the City of Bakersf-field, referred to as the Bakersfield Maintenance District Procedure, ,the Director of Public Works 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 improvements, including,~but not limited to, parks, slopes, medians, parkways and street .landscaping, including, but not limited to, walls, signs, and recreation and play equipment, including among others, slides, swings, play structures, game courts with lights, picnic facilities, including among others cabanas, tables, barbecues, .trash cans, drinking fountains, benches, storage buildings and rest rooms, and all drainage facilities, irrigation systems and. r~ drainage facilities, irr'~ation systems and equipment, plumbing, . ~' r ~ structures and fixtures .~~cessary or incidental to the insta !tion, maintenance or use of the above mentioned items; and certain walls, fences, plant forms, trees, shrubs, ground covers, hedges, . ,- sidewalks, walkways, parking areas, landscaping and landscape appurtenances, poles, posts and signs and security lighting 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. Absent funding from another source, it is not probable that the maintenance and operation of a public park would be permitted in the area encompassed by Aaintenance District No. 8. The proposed district is primarily designated for low density development. It is bounded by .three (3} major arterials and a state highway. 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. Benefits from maintenance and operation of a public park include a traffic-free recreational area, some noise attenuation and/or aesthetic enhancement accruing to the parcel owners within proposed r~iaintenance District No. 8. In addition, the parcel owners wil]: receive the benefit of increases in the market value of their parcels. ' The benefit of increased land value will inure to the' parcels uniformly and. can be assessed at a uniform rats. The recreational, aesthetic and,~to some extent, noise reduction and heat/li.ght regulation, will benefit all. of .the district and are most susceptible of ,enjoyment by each resident. These benefits ` are, therefore, to be uniformly assessed on the basis of each residential unit. 2_ r, The benefit formula is set forth i.n the attachn~ . .. c hereto. The park will not be constructed in the 1983--84~fiscal ear. Therefore, no assessments will be levied during that Y fiscal year. NOW, THEREFORE, I Dale Hawley, Public Works Director 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 bud et and assessments upon all parcels of property within g Maintenance District No. 8, subject to be assessed to pay the cost of maintenance and operation in said District for the fiscal year 1983-84. Said assessments are made in accordance with the benefit . formula attached hereto. Sources of Funds Beginning Fund Balance'. Gross Amount Required. Amount of Contribution by City Amount of Advances by City Net Balance, to be Assessed Use of Funds City Staff Services or Contract Supplies, Materials, Utilities Estimated Maintenance Cost ASSESSMENT ROLL FISCAL YEAR 1983 - 1984 Assessment No. 1. 2. 3. Assessors Parcel No. 131.-030-04-01-5 131-030-05-00-9 131-030-42--00-2 Total _____- -0- -0- -0- -0- -0- Total ___~___ -0- _0_ Assessment -0- ..p_ -0- _3_ n ~ ~ ~. ~` a Assessment ~ ~ Assessors \~ No. Parcel No. Asp ment 4, 131-030-44-00-2 -0- 5, 131-030-43-00-9 -0- 6, 131-030-40-00-0~ -0- 7, 131-030-45-00-5 -0- . g, 131-030-47-00-1 -Q- g, 131_030-48-00-4 -0- 10. 131-030-35-00-6 -0- 11. 131-03--33-00-0 -0- 12. ~ 131-030-16-00-1 "0- l3, 13I-030-27-00-3 -0- 14. 131-030-28-00-6 -0- 15. 131-030-34-00-3 -~- 16. 131-040-11-00-9 ~ `0' s ~ 17, 131-040-27-00-6 -0- f s ~ lg, 131-040--28-00-9 - 0 - . 19. 131-040-29-00-2 -0- 20, 131-040-02-O1-2 -0- 21, 131-040-04--00-9 -0- f 22. 131-040-05-00-2 -0- 23. 131-C40-03-00-5 -Q- 24, 131-040--31-00-7 -0- 25, 131-040-23-00-4 -0- ~- 26. 131-040-24-00-7 -0- 27: 131-040-25-00-0 -0" 28. 131-040-15-00-1 -0- 29. 131-040-26-00-3 -0- 30. 131-0.40-30-00-4 '0- A DATED: July 29 T-' lAR____~_~___ . ~ ~J. Dale Hawley DIRECTOR OF PUBLIC WORKS City of Bakersfield _----------000---------- } -4- RESOLUTION OF INTENTION NO. X73 A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD TO ESTABLISH MAINTENANCE DISTRICT N0. $. 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 crhole 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 therefor; and WHEREAS, a written request has been transmitted .to the City to establish a maintenance district in accordance with the procedures established therefor by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends such formation; and WHEREAS, the City Council intends to establish such a district, to be designated Maintenance District No. 8,. the exterior boundaries of which are hereinafter specified and described. N0~~1, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfiela, State of ~.aii~:ornia, a:: follc,~~s: 1. The foregoing recitals are true and correct,. and. the City Council so finds and determines. 2. It is the intention of the City Council ~of the City of Bakersfield to order the establishment of a maintenance district under the provisions of said Chapter 13.04, which district shall be designated Maintenance District No. 8, generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements also described in said Exhibit. 3. The City Council hereby declares that the territory within the boundaries so specified and described. is the district benefiting from said local improvements; that the expense of ~, - ,1 maintaining and operating said improvements is hereby made • assessable upon said district; and that the exterior boundaries of said district are hereby specified and described to be as ;,.shown on that certain map-now on file in the office of the Clerk of the City of Bakersfield and in the office of the Public tdorks ~~ .Director, entitled "Map and Assessment Diagram for Maintenance District No. 8, Bakersfield, California, for Fiscal Year 1983- 84," which map indicates by a boundary line the extent of the territory included in said proposed district and shall govern for all details as to the extent of the maintenance district. 4. The City Council hereby reserves the right to perform the work of maintenance and operation of the public- improvements by City forces, such determination .and election to be made for each year. at the time the budget and assessment is approved for the year in question. 5. The City, Council hereby refers said proposed maintenance district to the Director of Public Works and hereby directs said Director to make and file with the Clerk of the City ~, Council a Report in writing containing a budget and the other ~ • .matters specified in Sections 13.04.120 and 13.04.130 of Chapter 1.3.04 of Title 13 of the .Municipal Code of the City of Bakersfield, which will apportion the assessment representing the cost of - maintenance and operation,. if any, according. to the formula set forth in Exhibit "B" attached hereto and hereby sets Wednesday, September 14, 1983,~at ? o'clock p.m. or as soon thereafter as the matter 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 establishment of this district and related matters. ----------000---------- -2- _.,.\ ~ .. ~ r ~' -~~~~ 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 3rd day of August, 1983, by the following vote: ~ ~~ ~~~~ ~: ~+M;t3~:!~, ~ .. ~ , c~ 'SE;r~~ '~A~, PAYNE, RATTY, RoCK4FF /S/ Philip Kelmar .CITY CLERK .and Ex Officio Clerk of the Council of the City of .Bakersfield APPROVED this 3rd day of August , 1983 /S/ Mary K. Shell ,, MAYOR of the City of Bakersfield E APPROVED as to form: i'Si' F.ichar,l ~ . Ober~zolaei• ~ CITY ATTORNEY of .the City of Bakersfield -3- MAINTENANCE DISTRICT N0. 8 A parcel of land in the City of Bakersfield, County of Kern, State of California, being a portion of Section 24, T29S, R28E, ~i.D.B. & M., and more particularly described as follows: Beginning at the northeast corner of Tract 3945 Unit A, filed in Book 28 of Maps, Page 100, on October 24, 1978, in the office of the Kern County Recorder, said corner also being the intersection of the centerline of Fairfax Road with the south right of way line of State Route VI Ker 178 as shown on said map; THENCE (1} Easterly along the south right of way line of State Route VI Ker 178 to intersect the east line of said Section 24; THENCE (2} Southerly along the last named east line to the southeast corner of said Section 24; THENCE, (3} Westerly along the south line of Section 24 to the southwest corner of said section; THENCE (4) Northerly along the west line of Section 24 to the southwest corner of Tract 4047, filed in Book 28 of Maps, Page 121, on November 29, 1978, in the office of the Kern County Recorder; THENCE (5} Easterly, northerly and westerly along the boundary of said eft 4047 to intersect the west line of Section 24; ~~s,' ~~. THENCE (6) Northerly along the. west line of said section to the southwest corner of the aforementioned Tract 3945 Unit A; THENCE (7) Easterly and northerly along the boundary of Tract 3945 Unit A to the Point of Beginning. EXHIBIT "A" Page 1 of 2 1 ~ ~~ IMPROVEMENTS The improvements generally are parks, slopes, medians, parkways and street landscaping, including., but not limited to, walls, signs, and recreation and play equipment, including among others, slides, swings, play structures, game courts with .lights, picnic facilities, including among others cabanas, tables, barbecues, ~~ trash cans, drinking fountains, benches, storage buildings, and rest rooms, and all drainage facilities, irrigation systems and equipment, plumbing, structures and fixtures necessary or incidental to the installation, maintenance or use of the above mentioned items; and certain walls., fences, plant forms, trees, shrubs, ground covers, hedges, sidewalks, walkways, parking areas, landscaping, and landscape appurtenances, poles, posts and signs and security lighting.. EXHIBIT "A" Page 2 of 2 ~, ... w MAINTENAN~~' DISTRICT N0. 8 ~ ~ ~~ ~ CITY (.. .~AKERSFIELD BENEFIT FORMULA T_he various lots and parcels. within the district shall be assessed at ~~'~e following rate 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) One half 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) 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 \ (d) One half 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 (e) (i) the number of dwelling•units permitted to be constructed (even if not constructed) on the lot or parcel ,pursuant to the City of Bakers- . field General Plan** or (e) (ii) in the case of a lot or parcel for which- a final subdivision map, indicating the actual . number of dwelling units to be constructed °~ on the lot or parcel, has been approved by the City and filed in the County Recorder's office or for which the actual number of c~welliAig ~initc ±o bP constructed can +,hP ~.ot or parcel has been otherwise approved by the City and evidence thereof has been filed in the County Recorder's office, and pro- vided 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 dwelling units permitted to be constructed on the lot or parcel pursuant to said approva l and divided by (f) the number of dwelling units permitted to be constructed in the di~strict.~** A B B Assessment for each , a x b + d x e(i} or d x e(ii} lot~or parcel c f f EXHIBIT "B" Page 1 of 2 F r ~ The number of assessable acres shall be determined by subtracting from the total acreage in the district, tland acreage of public streets and other government owned within the district. ~* The number of dwelling units permitted to be constructed on .a lot or parcel shall be~deemed to be the numeral 12 multipliee by the number of assessable acres, or portion thereof, in t parcel or lot, rounded off to the nearest whole number. *~* The number of dwelling units permitted to be constructed in the district shall be .deemed to be the numeral 12 multiplied by the number of assessable acres in the district, except that lfaried number of dwelling units permitted on a lot or parcawellin units pursuant 'to Paragraph (e) (ii), then the number of g ermitted to be constructed in the district shall be deemed to be P the sum of the number of dwelling units determined for any suc lots or arcels pursuant to Paragraph (e) (ii) and the product of p the remaining acreage in the district not affected by a determ~~a- tion~pursuant to Paragraph (e) (11) multiplied by the numeral EXHIBIT 'B" . , Page 2 of 2 RESO) `~~ON N0. 103-83 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS DIRECTOR'S REPORT; APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO TIIE 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 N0. 973 - MAINTENANCE DISTRICT N0. 8.) WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on the 3rd day of August,~19$3, its Resolution o.f Intention No. 973 declaring .its intention to establish Maintenance District No. 8 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 Municipal Code of the City of Bakersfield; and. . WHEREAS, said Council in and by said Resolution of Intention No. 973 referred said proposed district and assessment to the Director of Public ~~Vorks, City of Bakersfield, and directed said.Director~to make and file with the Clerk a Report containing t~i~ matters specified in Sections 13.04.120 and 13.04.130 of said Chapter 13.04 of the Municipal Code of the City of Bakersfield,• and WHEREAS, said Director has on this date filed-with the ,, .Clerk of said Council his Report in writing containing said r matters, including the following: (a),.A budget containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code; (b) The benefit formula previously set forth as Exhibit "B" to Resolution of Intention No. 973; (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; and WHEREAS, said Director'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, ~E IT RESOLVED and directed as foli ': 1. Said Director's Report, including the budget, benefit formula, descriptions of property and proposed assessment - a ainst each parcel in said district, is hereby preliminarily g adopted, confirmed and. approved. 2, Wednesday, the 14th day of September., 1983, at 7 'clock .m., or as soon thereafter as may be heard, at the o p 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 assessed; Reservation by City of right. to elect whether to proceed to .perform work by City f orces~ interested. person may object to any of the above listed Any , . matters~bfiling a written protest with the Clerk at 1501 Truxtun . Y venue Bakersfield, California, at or before said time set for A ~ rin and, said Clerk shall endorse on each protest the date hea g, and hour of its receipt, and at said time appointed for saia rin shall resent to the Council all such protests filed hea g- P 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 rescribed.by Sections 13.04.140. through 13.04.160 of the p r field Municipal Code, said notice to be completed not less Bake s ten 10) da s prior to such hearing. The form of notice than ( y shall be substantially as follows: _2_ CITY OF BAKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT N0. 8 NOTICE IS HEREBY GIVEN that the Director of Public Works 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 proposed Maintenance District No. 8, generally bounded by Morning Drive on the East, College Avenue on the South, Fairfax Road on the West, and State Route VI Ker 178 on the North, including your property. Said .Director's Report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each parcel of property~in the proposed maintenance district by a description sufficient t::: identify the same and the amount of asessment to be levied fc~~~ the fiscal year 1983-84 against each .. parcel of; property Said report shall be open to~public inspection at the Public Works Director's office, 15x1 Truxtun Avenue, Bakersfield, California. Any interested owner oba,ecting to establishment of the- district or the boundaries of the district or the fairness of the benefit tormla or the amount of the assessment on any of nis 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 grounds 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 Wednesday, the 14th day of September, 1983, at the hour of 7 o'clock 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. -3- .} 1.. ~ The following are descriptions of the parcels of property subject to assessment and the amount of_ the proposed assessment acJainst each parcel of property as set forth in the report: Assessment Assessors. No. Parcel No. Assessment 1. 131-030-04-O1-5 -0- 2. 131-030-05-00-9 -0- 3. 131-030-42-00-2 -0- 4. 131-030-44-00-2 ~ -0- 5. 131-030-43-00-9 -0- 6. 131-030-40-00-0 -0- 7. 131-030-45-00-5 -0- 8. 131-030-47-00-1 -0- ~9. ~ 131-030-48-00-4 -0- 20, 131-030-35-00-6 -0- 11. 131-030-33-00-0 -0- 12. 131-030-16-00-I -0- 13. 131-030-27-00-3 -0- 14. 131-030-28-00-6 -0-- 15. 131-030-34-00-3 -0- 16. 13'.-040-]]-00-9 -0- 17. 131-040-27-00-6 -0- 18. 131-040-28-00-9 -0- 19. 131-040-29-00-2 -0- 20. 131-040-02-O1-2 -0- 21. 13.1-04'0-05-00-9 -0-~ 22. - - - 131-040 05 00 2 -0- 23. 131-040-03-00--6 -0- 24. 131-040-31-00-7 -0- 25. ~ 131-040-23-00--4 -0- 26. 131-040-24-00-7 -0- ,, _4_ ~.\ u ~ f, ~ sessor.s Assessment Assessment No. Parcel No. 131-040-25-00-0 -0- 27. 131-040-15-00-1 -0- 28. 131-040-26-00-3 _0_ 29. 131-040-30-00-4 -0 30. he ark and park facilities will not be constructed during T p - 4 fiscal ear. Therefore, no assessments are proposed the 1983 8 Y for 1983-84 fiscal year. DATED: August 4 , 1983. s Mar uerit Assistant ity Clerk, City of Bakersfield ~, ~.~°;,~ - 5- .. 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 3rd day of August, 1983, by the following vote: AYES: COUNCILP,hEN: BARYON, CHRISTENSE;~;, MEANS, PAYNE, RATTY., ROCKOFF __~ A5'NT: CO!JNCiLAR~P1: ~`~~ A65TA~IN;;~JG: CJllNCilf~lEN: (°~'f~Q /S/Philip Kelmar CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 3rd day of August, 1983 /S/ Mary K. Shell -MAYOR of the City of Bakersfield APPROVED as to .form: /S/.Richard J. Oberholzeri CITY ATTORNEY of the City of Bakersfield _6_ i; %. ;,e S r,: RESOLUTION NO. 11?-83 RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 8 AND CONFIRMING THE ASSESSMENT. WHEREAS, the City Council of the City of Bakersfield, . State of California, heretofor by Resolution of Intention No. 973, adopted August 3, 1983, declared its intention to order the establishment of a maintenance district, to be designated Maintenance District No. 8, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 8, City of Bakersfield, California, for Fiscal Year 1983-84 onfile in the office of the City Clerk and Director of public Works, City of Bakersfield; and WHEREAS, said City Council in and by said Resolution of Intention ref erred said proposed district to the Director of Public Works of the City and directed him~to make and file with j the City Clerk a Report in writing; and ~ WHEREAS said Director duly filed with said City Clerk ~. 4. his Report, including a budget, assessment formula, improvements n of ro ert and to be ma~,ntained by the district, descrxpt~.o p p y . r i proposed assessments; and. WHEREAS, said City Council by Resolution No. 103-83 ~~ ~ ~ ~ ' reliminaril ado ted, confirmed and approved the Director's p Y P Report and fixed Wednesday, the 14th day of September, 1983, at 7 . h o'clock p.m., or as soon thereafter as may be heard, at the f Council Chambers of the City Council, City Hall, Bakersfield, r California, as the time and .place for hearing protests or objections to the proposed district and assessment, and provided for Notice ,. of said hearing in accordance with law; and . WHEREAS, the City Clerk has filed in his office affi= davits setting forth the compliance with the requirements of . Section 13.04.150 through 13.04.170 of the Bakersfield,Municipal ~~ Code, for publishing, posting and mailing notices of the heariny on proposed Maintenance District No. 8; and said City Council hereby .finds that said notice has been given in the manner required , by• law; and WHEREAS, said hearing was duly held by said City Council at said time and place for the hearing of all. protests to said proposed district and assessment; and WHEREAS, any written protests filed with the Clerk at or before the time set for said hearing were considered by said . ~ ~ Council. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the . ~ ~ City of Bakersfield as follows: 1. The foregoing recitals are true and correct and the Council so finds and determines. 2. The Council hereby establishes Maintenance District No. 8 and confirms and adopts. the Public Works Director's Report,. "' including the amounts. of assessment, as set forth in the. Director's Report and elects to perform maintenance and .operation by City .forces for such fiscal' year. . 3. That the assessment for Maintenance District No. 8 shall be the total sum of $0.00 for the 1983-84 fiscal year. 4. The City Clerk~is hereby directed to annually file the statement required by Section 54900 et seq. of the~Government Code of the State of California with the County Assessor and with the State Board of Equalization in Sacramento. 5. The.Director of Public Works is hereby directed to hereafter annually prepare a Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement on the County tax rolls for the applicable fiscal period. Upon filing of the Report, the - Clerk shall set the Report for hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13;04 of said Code. . ----------000---------~ ,, 2. C ` 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 14th day of September, 1983, by the following vote: A~":: C'/U:VCI~~~~c*1: BARTON, CHRfST~'NSEN ~ „_ , MANS, PAYNE, RATTY ROCKOFP A~Sc:~;l: COUNCIU,~~N: -f ll~ ABS1AiNING: COUNCILIa1EN: _~ •..~/, ~~ /S/ Philip Kelmar CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 14th day of September, 1983 /g/ Mary K. Shell , MAYOR of the City of Bakersfield j APPROVED as to form: ~ ; ~~ ~ ~ /S/ Richard J. Oberholxer a CITY ATTORNEY of the City of Bakersfield a K F a 4 AJS/bl 3' . 8/10/83 ~, ..... _ ..... . , .. , .. ... ,.r . ,, ,. _.r <<.,. ..~... _. .. _ _. .... Y _ ._ _ ...__. _._.._ ___._ _ ~ ,,i ~.. 0~ RESOLUTION OF INTENTION N0. 973 A RESOLUTION OF INTENTION OF THE COUNCIL, OF THE CITY OF BAKERSFIELD TO ESTABLISH MAINTENANCE - ~ DISTRICT. N0. 8. 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 therefor; and WHEREAS., a written request has been transmitted to the City to establish a maintenance district in accordance with the procedures established therefor by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends such formation; and WHEREAS, the City Council intends to ,establish such a district, to be designated Maintenance District No. 8, the exterior boundaries of which are hereinafter specified and described. ~. NOW, THEREFORE, BE IT RESOLVED by the City Council of trie City of Bakers:fielc~, Stdte of ~aliLc,rnia, a~ follc,ws: 1. The foregoing recitals are true and correct, and ~r the City Council so finds and determines. 2. It is the intention of .the City. Council, of the City of Bakersfield to order the establishment of a maintenance district under the provisions of said Chapter 13.04, which district shall be designated Maintenance District No. 8, generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements also described in~said Exhibit. 3. The City Council hereby declares that the territory within the boundaries so specified and described is the district .benefiting from said local improvements; that the expense of .,. _.,. ..... ,~,.,. t t. i maintaining and operating said improvements is hereby made assessable upon said district; and that the exterior boundaries of said district are hereby specified and described to be as . shown on that certain map now on file in the office of the Clerk. of the City of Bakersfield and in the office of the Public Gdorks Director, entitled "Map and Assessment Diagram for. Maintenance . :. ~ District No. 8, Bakersfield,California, for Fiscal Year 1983- 84," which map indicates by a boundary line the extent of the . territory included in said proposed district and shall govern for - all details as to the extent of the maintenance district. 4. The City Council hereby reserves the right to perform the work of .maintenance and operation of the public improvements by City forces, such determination. and election to be made for each year at the time the budget and assessment is approved for the year in question. 5. The City Council hereby refers said proposed maintenance district to the Director of Public Works and hereby directs said Director to make and file with the Clerk of the City Council a Report in writing containing a budget and the other matters specified in Sections 13.04.120 and 13.04.130 of Chapter 13..04 "of Title 13 of the Municipal Code of the City of Bakersfield, . which will apportion the assessment representing the cost of " maintenance and operation, if any, according to~the formula set forth in~Exhibit "B " attached hereto and hereby sets Wednesday., September 14, 1983, at 7 o'clock~p.m. or as soon thereafter as the. matter 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 establishment of this district and related matters. ----------000---------- -2- L '` , 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 3rd day of August, 1983, by the following vote: - ~ ~ ~ fl~~ . ~~~#,M~N.,. ~+ ~A~~ PAYNE, RAT1Y, ROCKOFF - ~~~x ~' . Ate. ~~iG~~ /S/ Philip Kelmar CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ~. APPROVED this 3rd' day of August. /S/ Mary K. Shell MAYOR of the City of Bakersfield APPROVED as to form: ^ ~i'S~' RicharJ ~ . Ober~~ol zer CITY ATTORNEY of the. City of Bakersfield '~ i 1983 _3` MAINTENANCE DISTRICT N0. 8 A parcel of land in the City of Bakersfield, County of Kern, State of California, being a portion of Section 24, T29S, R28E, M.D.B. & M., and more particularly described as follows: Beginning at the northeast corner of Tract-3945 Unit A, filed in - Book 28 of Maps, Page 100, on October 24, 1978, in the office of the Kern County Recorder, said corner also being the intersection of the centerline of Fair-f ax Road with the south right of way line of State Route VI Ker 178 as shown on said map; THENCE (1) Easterly along the south right of way line of State Route VI Ker 178 to intersect the east line of said Section 24; THENCE (2) Southerly along the last named east line to the - southeast corner of said Section 24; THENCE (3) Westerly along the south line of Section 24 to the southwest corner of said section; THENCE (4) Northerly along the west line of Section 24 to the southwest corner of Tract 4047, filed in Book 28 of Maps, Page 121, 'on November 29, 1978, in the office of the Kern County Recorder; THENCE (5) Easterly, northerly and westerly along the boundary of said Traft 4047 to intersect the west line of Section 24; THENCE (6) Northerly along the west line of said section to the southwest corner of. the aforementioned Tract 3945 Unit A; THENCE (7) Easterly and northerly along the boundary of Tract 3945 Unit A to the Point of Beginning. EXHIBIT "A" Page 1 of 2 ,, ~~ i _. ~ _ n ... e _ a IMPROVEMENTS The improvements generally are parks, slopes, medians, parkways and street landscaping, including, but not limited to, walls, signs, and recreation and play equipment, including among others, slides, swings, play structures, game courts with lights, .picnic facilities, including among others cabanas, tables, barbecues, trash cans, drinking fountains, benches, storage buildings, and rest rooms, and all drainage facilities, irrigation systems and equipment, plumbing, structures and fixtures necessary or incidental to the installation, maintenance or use of the above mentioned items; and certain walls, fences, plant forms, trees, shrubs, ground covers, hedges, sidewalks, walkways, parking areas, landscaping, and landscape appurtenances, poles, posts and signs and security lighting. EXHIBIT "A" Page 2 of 2 MAINTENANCE DID `CT N0. 8 CITY OF BAKERSFIELD BENEFIT FORMULA The various lots and parcels within the district shall be assessed, at the following rate: . ~ - a 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) One half 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) the number of assessable acres*,. or portion :. ~ thereof, in the lot or parcel 1. ~- ~ and divided by (c) the number of. assessable acres in the district. "B" shall equal the dollar amount determined by (d) One half 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 (e) (i) the number of dwelling units permitted to be constructed (even if not constructed) on the lot or parcel pursuant to the City of Bakers- - field General Plan** or (e) (ii) in the case of a lot or parcel for which a final subdivis-ion map, indicating the actual number. of dwelling units to be constructed - on the lot or parcel, has been approved by " the City and filed in the County Recorder's office. or for which the actual number of c~welli.~g ~~nits to bP ror.struc.tPd nn the 7.ot or parcel has been otherwise approved by the City and evidence, thereof has. been filed in the County Recorder's office, and pro- . - ~ ~ vided 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 dwelling units permitted to be constructed on the lot or parcel pursuant to said approval and divided by (f) the number of dwelling units permitted to be constructed in the district.** A B B Assessment for each . a x b + d x e(i) d x e(ii) lot~or parcel or c f f EXHIBIT "B" Page 1 of 2 ~, * The number of assessable acres shall be determined by - subtracting from the total acreage in the district, the' acreage of public streets and other government-owned land. within the district. *~ The number of 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 number of dwelling units permitted to be constructed in the district shall be .deemed to be the numeral 12 multiplied by the number of .assessable acres in the district, except that if the, ' ~ ~ number of dwelling units permitted on a Iot or parcel is varied pursuant to Paragraph (e) (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 Paragraph (e) (ii) and the product of .the remaining acreage in the district not affected by a determina- tion~pursuant to Paragraph (e) (ii) multiplied by the numeral 12. EXHIBIT "B" Page 2 of 2 n rt ' RESOLUTION N0. 103-83 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING ' AND APPROVING PUBLIC WORKS DIRECTOR'S REPORT; \~~: APPOINTING TIME~AND PLACE FOR HEARING PROTESTS TO TFIE 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 N0. 973 - MAINTENANCE DISTRICT N0. $.) ' .~ WHEREAS, the Council of the City of Bakersfield, State of California, heretofore adopted on the 3rd day of August, 1983, . ~ its Resolution of Intention No. 973 declaring its intention to establish Maintenance District No. 8 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 Municipal Code of the City of Bakersfield; and WHEREAS, said Council in and by said Resolution of~ Intention No. 973 referred said proposed district and assessment to the Director of Public Works, City of Bakersfield, and directed ` said Director to make and file with the Clerk a Report containing t~~e matters specified in Sections 13.04.120 and 13.04.130 of said ,Chapter 13.04 of the Municipal Code of the City of Bakersfield; and WHEREAS, said Director 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 13.04.120 of the Bakersfield Municipal Code; (b) The benefit formula previously set forth asp Exhibit "B" . to Resolution of Intention No. 973; (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; and WHEREAS, said Director'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 Director's Report, including the budget, benefit formula, descriptions of property and proposed assessment against each parcel in said district, is hereby preliminarily adopted, confirmed and approved. 2. Wednesday, the 14th day. of September, 1983,~at 7 o'clock 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 assessed; 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 1501 Truxtun Avenue, Bakersfield, California,. at or before said time set for hearing; and said Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointed for saia 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 13.04.140 through 13.04.160 of the Bakersfield Municipal Code, said notice to be completed not less than ten X10) da-ys prior to such hearing. The form of notice shall be substantially as follows: +2~ _.....,... ... ..._.....r-...v.~.... _._..... .. CITY OF ~3AKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRTCT N0. 8 NOTICE IS HEREBY GIVEN that the Director of Public jdorks 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 proposed Maintenance District No. 8.; generally bounded by Morning Drive on the East, College Avenue on the South, Fairfax Road on the West, and State Route VI Ker 178 on the North, including your property. Said Director's Report sets forth. the amounts to be provided in the budget for maintenance and, operation, a description of each parcel of property in the proposed maintenance district by a description sufficient to identify the same and. the amount of asessment to be levied for the fiscal year 1983-84 against each parcel of property. Said report shall be open to public inspection at the Public Works Director's office, 1501 Truxtun Avenue, nakersffield, California. Any interested owner objecting to establishment of the district or the boundaries of the district or the fairness of the benefit tormla or the amount of the assessment on any of nis 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 grounds 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 hold on Wednesday, the 14th day of September, 1983, at the hour of 7 o'clock p.m., or as soon thereafter as may be heard, in the regular meeting place of said~Council~, Council Chambers, City Hal]., 1501 Truxtun Avenue, Bakersfield, California, at wh~.ch time acid place said Council will examine said Report and hEar protests, if ,any . ;.... -3- _. _ .. _,.~. ~..._.~,~..eq.....~...~_ . . 1, fl 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 Assessors No. Parcel No. Assessment 1. 131-030-04-O1-5 -0- 2. 131-030-Q5-00-9 -0- . ~ ~ ~ ~ 3. 131-030-42-00-2 -0- 4. 131-030-44-00-2 n -Q- . 5. 131-030-43-00-9 -0- -~ 6. 131-030-40-00-0 -0- 7., 131-030-45-00-5. -0- 8. ~ 131-030-47-00-1 _0-. 9. 131-030-48-00-4 -0- . ~ 10. 131-030-35-00-6 -0- 11. 131-030-33-00-0 -0- 12. 131-0.30-16-0'0-1 -0- 13. 131-030-27-00-3 -0- 14. 131-030-28-00-6 -0- 15. 131-.030-34-00-3 -0- 16. 13~.-040-~ 1.-00-9 -0- 17: 131-040-27-00-6 ~ _0_ 18. 131-040-28-00-9 -0- 19. 131-040-29-00-2 -0- 20. 131-040-02-01-2 -0- 21. .131-040-05-00-9 ~ ~ -0- 22. 131-040-05-00-2 -0- 23. 131-040-03-00-6 -0- 2~4. 131-040-31-00-7 -0- 25. 131-040-23-00-4 -0- 2~. 131-040-24-00-7 -0- -4- Assessment Assessors No. Parcel No. Assessment 27, 131-040-25-00-0 -0- 28, 131-040-15-00-1 -0- 2g, 131-040-26-00-3 -0" 30.E 131-040-30-00-4 -0- . The park and park facilities will not be constructed during the 1983-84 fiscal year. ,Therefore, no assessments are proposed for 1983-84 fiscal year. DATED: August 4, 1983 s ~Iar uerit Assistant ity Clerk, City of Bakersfield _ ~ -5- ... .. .... .......... ~ . ,.... , .. ...,, w .. ....... _ r ,. ....... ... _ . .. ~.. ..~. ... i'Y Nei A~..e.~r .r• I~ •. • w •v ~ ~• • I ... . .r-r...~r..~~~.~.~wi..~r.rv.~~~..r.~~~.~~~.... ~.. ....•.... .._..~ ...... ter- •ti ~_. i ..~~..~. .~• ...~.~~..~..~.rv-~~~. ~,.-.~~. .t. ~.~~. ~.. .. .... .....r.. ...~ ....~.. ~.. ... r.. .~ r... r......... .y.. .'..~~.. .. ~.. . 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 3rd day of August, 1983, by the following vote: AYES: CCUNC1lMEN: BARYON, CHRISTENSi.N, MEANS, PAYNE, RATE`(, ROCKOFF __ No_~: C~JNC~_MErd: ~~~~ ~ ABSENT; CO'JNCii~,1EN: ~ ( w ~ AB~TA~N~~vG: COUNG1.1~1EN: ~~ ~_ /S/ Philip Kelmar CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 3rd day of August, 1983 /S/ Mary K. Shell MAYOR of the City of Bakersfield APPROVED as to form: /S/ Richard J. Oberholzer~ CITY ATTORNEY of the City of Bakersfield -6- ri ~ `+ ~ PUBLIC WORKS DLRECTOR'S REPORT MAINTENANCE DISTRICT N0. 8 City of Bakersfield Fiscal Year 1983-$4 WrIEREAS, on the 3rd day of August, 1983, the Council of the City of Bakersfield adopted its Resolution of Intention (Resolution No. 973) to order the establishment 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 Director, directing him to make . and file a Report; and WHEREAS, the Director of Public Works filed with the Clerk of the Council his Report in writing, which Report is as follows: PUBLIC WORKS DIRECTOR'S REPORT City of Bakersfield Maintenance District No. 8 is generally described as the area within the City of Bakersfield generally .bounded by Morning Drive on the East, College Avenue on the South, Fairfax Road (including those parcels adjacent to and on both sides of Fairfax Road) on the West, and State Route VI Ker 178 on the North, which properties are more specifically identified on the Assessment Ro7.1 set forth hereinbelow. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, ref erred to as the Bakersfield Maintenance District Procedure, the Director of . Public-Works 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 improvements, including,. but not limited to, parks, slopes, medians,.parkways .and street landscaping, including, but not limited to, walls, . signs, and recreation and play equipment, including among others, slides, swings, play structures, game courts with lights, picnic . ~ facilities, including among others cabanas, tables, barbecues, _ trash cans, drinking fountains, benches, storage buildings and . rest rooms, and all drainage facilities, irrigation systems and .. .. , ~ drainage facilities, irrigation systems and equipment, plumbing, structures and fixtures necessary or incidental to the installation, maintenance o~r use of the above mentioned items; and certain walls, fences, plant forms, trees, shrubs, ground covers, hedges; sidewalks, walkways, parking areas, landscaping and landscape appurtenances, poles, posts and signs and security lighting 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, po~aer, 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. Absent funding from another source, it is not probable that the maintenance and operation of a public park would be permitted in the area encompassed. by Maintenance District No. 8. The proposed district is primarily designated for low . density development. It is bounded by three (3) major arterials and a state highway., 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. Benefits from maintenance and operation of a public park include a traffic-free recreational area, some noise attenuation and/or aesthetic enhancement accruing to the parcel owners within proposed r~iaintenance District No. 8. In addition, the parcel owners will receive the benefit of increases in the market value of their parcels. . The benefit of increased land value will inure. to the parcels uniformly and can be assessed at a uniform rate. The recreational, aesthetic and, to some extent, noise reduction and heat/light regulation, will benefit all of the district and are most susceptible of enjoyment by each resident. These benefits are, therefore, to be uniformly assessed on the basis of each residential unit, 2-- 0 The benefit formula is set forth in ,the attachment hereto . The park will not be constructed in the 1983-84 fiscal year.. Therefore, no assessments will be levied during that- fiscal year, NOt~1, THEREFORE, I Dale Hawley, Public Works. Director 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 assessments upon all parcels of property within . Maintenance District No. 8, subject to be assessed to pay the cost of maintenance and operation in said District for the fiscal year 1983-84, Said assessments are made in accordance with the benefit formula attached hereto. Sources of Funds Total Beginning Fund Balance ~ ~ '0- Gross Amount Required -0- Amount of Contribution by City `0- _______. Amount of Advances by City -0- Net Balance, to be Assessed. -0- Use of ~ Funds Total ______ City Staff Services or Contract Supplies, Materials, Utilities -0- , Estimated Maintenance Cost -0- ________ ASSESSMENT ROLL FISCAL YEAR 198'3 - 1984 . Assessment Assessors No. ~ Parcel No. Assessment 1, 131-030-04-01-5 -0- 2, 131-030-05-00-9 -0- 3, 131-030-42-00-2 -0- _3_ Assessment ~ Assessors Parcel No. Assessment No. 4, 131-030-44-00-2 '0' 5, 1.31-030-43-00-9 '0' ' ~, 6, 131-030-40-00-0 '0- 7, 131-030-45-00-5 '0` . 8. I31-030-47-00-1 '0' - ~ g, 131-030-48-00-4 '0' 10. 131-030-35-00-6 "0- 11. .131-03--33-00-0 '0` 12, ~ 131-030-16-00-1 -0- . ~ 13. 13I-:030-27-00-3 '0' 14. 131-030-28-00-6 '0- 15. 131-030-34-00-3 _0_ . ~ ~. ~ ~ 16. r 131 -040-11-00-9 ~ _o_ 17. 131-.040-27-00-6 '0' ~ 18, 131-040-28-00-9 -0- I9. 131-040-29-00-2 ..Q_ ' 20, 131-040-02-01-2 _0_ 21, 131-040-04-00-9 '0- £' s. 22. 131-040-05-00-2 -0- • 23. ~ 131.-C40-03-00-5 _(1_ 24. 131-040-31-00-7 ~0- . 25. 131-040-23-00-4 -0- 26. 131-040-24-00-7 '0' 27. T 131-040-25-00-0 '0' 28. 131-04.0-15-00-1 'o- 29. 131-040-26-00-3 '0' f ~ . 30. 131-040-30.-00-4 '0' DATED: T,~1v 29 t ],~9~~ - ~J, Dale Hawley DIRECTOR OF .PUBLIC WORKS City of Bakersfield ----------000---------- -4- MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT N0.8 BAKERSF/ELD. CAL/FOR/U/A FON FISCAL YEAH 1983-198• EXHIBIT "B" STATE ROUTE V! K£R /70 ,~i~GHT of wgYUn~E r TE Rt7urE i~9, ~ -... t~ i a u (4 1 FG~iCT i' , ~. 1 1~~~1/7. ~;. ~ ~ t 3 1- ~`~w tac ~- of T29S R28E. Z 0 t` W (21 _, .~ ~. ro -< ,~ ~- _.:~ J © .. ~ 1 ~ ~_ i ~ t ~ ~ i i . .r •.•r•. ...r• •.,~~~r•~•~~.r~r~••• . r..~~•~•••••~r n•~..~•r~.•••r.,~~I eovru u,ue or ~scTroN u GOtLf y E AVfuuE '' ' st coy ~N~ rt' 3~ T2?S . R28E dN ASSFSS•tEtIT 11AS LEYIED 111 111E CITY CWIICIL ON TIt6 LO?3, PCtsCE: AitD PARCELS OF LAND 3110KIt 0!i TRIS A33ESS~lEii'I' DU- GRAN. SAID iSSESS}1>:wI' 1cAS I.F•-VSED ON T1tE 1~11h DAY' Ot 1983: 5A I D ASS4'i51lElft ~Ati AJIII ml~.'~~~~LL ItERts' RECORDEII~ 1II~ TItE oF~tcs at ?~Ir GePAR'(3fl:NT OF (~UtiLIC if0llF:S OF SAID CITY ON TNL IsM DAY Ot SEPTEMBER 1 X383. RF.f ERENCL 13 MADE Tt~'11~t: a9SL~. '.1S~L'' !U :. bRDED IN TltE OFFtt"1[ Or TILE IiEPARTMKN'l' OF PCIII.IG iC01iKS FOR THE ERACT AtagUA? OF EACH ASS}SS>IF.N? 1.E1'IEI) AGAi~1ST EACiI PARCEL 0} LANs) SttOKN b}i TlII3 ASSE33- '.11:NT UTAI;RAY. CI1'T Cf.F R 0 1'II~~ITY t' RECORDED IN THE OFFICE Of THE DEPARTMENT OF PUBLIC HORKS THiS, iS• ih DAY OF SEPTEt~A ;__..., .1981. DAKERSI~IELD, CALIFORNIA tIAK}:R4FIF.IA, CALL}ORNIA FILED FOR RECORD THIS DA~Kr -~~SESSF~~' DISTRICTS- /Jg_ It1 THE 0 6 COUNTY RECORDED OP THE CO P KERN, STATE OF CALIFORNIA. FILED Itl THE OFFICE OF TH6 CITY CLERK THIS •ISM DAY ~~~ r~~~"-'"-"" oI= SEP'f'EMBER , 19ei . ' tiY DJIitERS}'IELA, C IlT ~ ` .~~ ~ I MAP AND ASSESSMENT DIAGRAM FOR a MAINTENANCE DISTRICT NO. 4 DIVISION 1 .-.oo BAKERSFIELD, CALIFORNIA (AMENDMENT NUMBER 1) ''. ~~~ 1511r OOR g T3lS R=!E FILED FOR RECORD THIS DAY OF _ 1992 , AT _.M., tN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. GALE S. ENSTAD COUNTY CLERK RECORDER BY CHIEF DEPUTY RECORDER AN ASSESSMENT WAS LEVIED 8Y THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LINO SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF 1992 ; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SA1O CITY ON THE DAY OF .1992. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF. PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LANG SHOWN ON THIS ASSESSMENT DIAGRAM. RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF .1992 . DIRECTOR OF PUBLIC WORKS BAKERSFIELD, CALIFORNIA FLED IN THE OFFCE OF THE dTY CLERK THIS DAY OF . 1992 . CITY CLERK OF THE dTY OF BAKERSFlELD, CALIFORNIA ~C =~ I T=is R2~ C11Y CLERK OF THE dTY OF BAKERSFlELD, CALIFORNIA EXHIBIT ~B~ ~ ~ I ~~