HomeMy WebLinkAboutROI NO 1592
RESOLUTION OF INTENTION NO. 1592
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1.84 (ETCHART, QUAIL CREEK NE),
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 1-84 (Etchart, Quail Creek NE), 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 Tentative Tract No. 7031 which waives any and all hearings
(whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law)
concerning the formation of and assessments for inclusion in the Consolidated
Maintenance District; and
WHEREAS, said property owner has returned his assessment ballot
indicating his support of the proposed assessments and inclusion in the Consolidated
Maintenance District.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated
herein.
2. The City Council hereby preliminarily adopts and approves the
Public Works Director's Report and declares that the territory within the boundaries so
specified and described is the area, Area 1-84 (Etchart, Quail Creek NE), 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 1-84 (Etchart, Quail Creek NE) 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
FEB 2 7 2008 , by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, 8El ld Ell I, HAI'fSON, SULLIVAN, SCRIVNER
COUNCILMEMBER I'\....cM-O-
COUNCILMEMBER ~
COUNCILMEMBER (' ~
HA V L. HALL
MAYOR of the City of Bakersfield
FEB 2 7 Z008
APPROVED:
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ~710 ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
MD1-84ri05.doc
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-84 (ETCHART, QUAIL CREEK NE)
Fiscal Year 2007-2008
Addition of territory, Area 1-84 (Etchart, Quail Creek NE) to the
Consolidated Maintenance District is generally described as an area bounded by a line
approximately 1,320 feet north of Etchart Road on the north, a line approximately 1,980
feet east of Quail Creek Road on the east, Etchart Road on the south and Quail Creek
Road 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 1-84 (Etchart, Quail Creek NE) 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
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 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 1-84 (Etchart, Quail Creek NE), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
2/1 'i /0 E:>
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 1-84
Being a portion of the Northeast quarter of Section 5, Township 29 South, Range 27 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the Center of said Section 5, said point also being the centerline intersection of Etchart
Road and Quail Creek Road and the True Point of Beginning;
1) Thence along the North-South center section line of said Section 5, North 00048'45" East, a
distance of 1321.86 feet;
2) Thence departing said center section line, South 88057'29" East, a distance of 1980.58 feet;
3) Thence South 00049'29" West, a distance of 1323.60 feet, more or less, to a point on the East-
West center section line of said Section 5, said point also being on the centerline of Etchart
Road;
4) Thence along said center section line and centerline, North 88054'28" West, a distance of
1980.30 feet, more or less, to the True Point of Beginning.
Containing 60.14 acres, more or less.
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ORIGINAL
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 1-84, ETCHART, QUAIL CREEK NE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE
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"-DISTRICT BOUNDARY
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CENTER SECTlON 5,
T29S, R27E, T.P.O.B.
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588'54 28-E
1980.30
FULD IN THE OFfICE Of lHE OTY CLERK lHlS _ DAY
Of 2D~
FlLED FOR RECORD lHtS _ DAY Of
2lL.. AT _ _II.. IN BOOK _ Of ASSESSloIENT
lllSlRICTS AT PAGE _ IN lHE OFfICE Of lHE COUNTY
RECORDER Of lHE COUNTY Of KERN. STA1l: Of CAUI'ORNIA.
OTY lURK Of THE OTY Of
BAKERSFIElD. CAlJI'ORNIA
JAlAES W FITCH
COUNTY ASSESSOR-RECORDER
AN ASSESSIlENT WAS L.E'IIED BY lHE OTY COUNOL ON lHE LOTS,
PIECES AND PARCELS Of LAND SHDViN ON lHlS ASSESSIIENT DIAGRAM.
SAID ASSESSlotENT WAS L.E'IIED ON lHE _ DAY Of
2lL.J SAID ASSESSIIENT DIAGRAM AND
lHE ASSESSIlENT ROLL 'tOE RECORDED IN lHE OfFICE Of lHE
DEPARn.lENT Of PUBUC WORKS Of SAID OTY ON lHE _ DAY
Of 20...., REFERENCE IS IIADE TO lHE
ASSESSIlENT ROLL RECOROED IN lHE OFfICE Of lHE DEPARlliIENT Of'
PUBUC WORKS FOR lHE EXACT AMOUNT Of EAai ASSESSIIENT L.E'IIED
AGAINST EAai PARCEL Of LAND SHO'iltl ON lHlS ASSESSIlENT DIAGRAM.
BY
CHIEF DEPUTY RECOROER
RECORDED IN lHE OFfICE Of THE DEPARn.lENT Of PUBLIC WORKS
lHlS _ DAY Of 20....,
OTY CLERK Of lHE OTY Of
BAKERSFIElD, CAlJI'ORNIA
DIRECTOR Of PUBUC WORKS
BAKERSFlELD. CAUFORNIA ~ po. E"
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EXHIBIT "~' ~
F1L[> t.tD1-84 SHEET I 'ORIG NAL
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 existing adjacent median or street
landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped
industrial parcels with 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. <Qt-.il(~
EXHIBIT "C" c; ~~
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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:
Agricultural Zone
EDU
1.0
REMARKS
USE
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" ~ ~M~-9~
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ORIGINAL
EDU EXCEPTIONS
Several exceptions have been made to the base EDU rates in the areas listed below
due to commitments made at the time of formation of the original districts.
USE
EDU
REMARKS
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parkside VillaQe (2-01)
Single Family
Dwelling Unit (Vineyard)
1.0
Multi-Family
Dwelling Unit (Shores)
0.86/unit
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
0.58/unit
Non Residential
(Castle & Cooke)
24.26
Non Residential
(Pa rkside Partners)
7.56
Brimhall & VerduQo (1-09)
Seven Oaks. North (2-11) & South (2-20)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale. California NE (1-18)
Stockdale, VillaQe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage
EXHIBIT "C" ~ ~"tr(f~
Page 3 of 4 5 ~
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)
19TH, Eve. W (4-52)
Stockdale, Callowav (1-15)
Coffee, Gosford (2-15)
Stockdale, Buena Vista SW (2-22)
S:\B30\211-00\docs\ExhC_08_Rev 1-31-08.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" ~ ~~'i(~~
Page 4 of 4 ~ \
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ORIGINAL
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 1-84
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(Oeficit)
$0.00
$0.00
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
EXHIBIT
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ORIGINAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1.84
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Assessor's Tax No.
Total amount to
be collected for
FY 2007-2008
492-070-14-00-9
492-070-16-00-5 (portion)
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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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
Tentative Tract No. 7031. All lots,
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200_, by Bidart
Bros., (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 ofliving 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_.
Ow ner( s )/Developer( s):
Bidart Bros.
City of Bakersfield:
Raul M. Rojas,
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized,
MD 1-84_l703 J.doc
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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 28TH day of FEBRUARY, 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1592,
passed by the Bakersfield City Council at a meeting held on the 27TH day of
FEBRUARY, 2008 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ADD TERRITORY, AREA 1-84 (ETCHART/QUAIL CREEK NE), TO THE
CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY~C\-~~V2-
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .ROI.wpd
2/28/2008
RESOLUTION OF INTENTION NO, 1592
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-84 (ETCHART, QUAIL CREEK NE),
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
_~/~~!Og
,
by City Clerk's Office
City of
Bakersfield
bY~
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 1-84 (Etchart, Quail Creek NE), 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
1
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