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HomeMy WebLinkAboutRES NO 75-82 RESOLUTION OF INTENTION NO. 964 RESOLUTION NO. 75-82 A RESOLUTION OF INTENTION OF THE COUNCIL OFT~E CITY OF BAKERSFIELD TO ESTABLISH MAINTENANCE DISTRICT NO. 2. 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 Council 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. 2, the exterior boundaries of which are hereinafter specified and described. 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 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. 2, generally described in ............. Ex~ibit--"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 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 fi.le in the office of the Clerk of the City of Bakersfield and in the office of the Public Works Director, entitled "Map and Assessment Diagram for Maintenance District No. 2, Bakersfield, California, for Fiscal Year 1982- 83," 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. o0o AMBERTON PARK MAINTENANC.E DISTRICT A parcel of land in the City of Bakersfield, County of Kern, State of California, being a portion of Sections 4 and '9 of Township 30 SOuth, Range 27 East, M.D.B. & M., more particularly described as follows: Beginning at the intersection of the southerly prolongation of the west right of way line of Ashe Road with the easterly-prolongation of the north right of way line of Ming Avenue as shown on the Map of Tract No. 3505 recorded November 26, 1975 in Map Book 26 at pages 5! & S.2 in the Office of the Kern County Recorder; THENCE (1) Westerly along the north right of way line of Ming Avenue, as shown on Map of said Tract No. 3505 and Map of Tract No. 3875 recorded April 29, 1977 in Map Book 27 at pages 38 and 39 in the Office of the'Kern County Recorder,:to intersect the westerly boundary line of Tract No.' 3873 recorded April 29, 1977 in Map Book 27 at pages'34 and 35 in the Office of the Kern County Recorder; THENCE (2) Northerly., easterly, southerly, and easterly along the boundary. line of. said Tract No.-3873 to intersect the northwest corner of Tract No. 3872 as recorded April 29, 1977. in Map Book 27 at pages 32 and 33 in the Office ofthe Kern County Recorder; THENCE (3) Easterly along the northerly boundary lines of'said Tract No. 3872, Tract No. 3871 as recorded April 29, 1977 in Map Book 27 at pages 30 and 31 in the Office of the Kern County Recorder, and Tract No.. 3870 as recorded April 29, 1977 in Map Book 27 at pages 28 and 29 in the Office of the Kern .County Recorder to intersect the. west right of way line of Ashe Road; THENCE (4) Southerly along the last named west right of way line to intersect the south line of said Tract .No. 3870; THENCE (5) Westerly along the last named south line to intersect the east line of Lot 13 of said Tract No. 3871; THENCE (6) Southerly along the east line of Lots 13, 12, and 1 of said Tract No. 3871 to intersect the north right of way line of Club ,View Drive as said right of way line is shown on Map of said Tract No. 3871 and Map of Tract. No. 3824 recorded'December 23, 1976 in Map Book 26 at pages 180 and 181 in the Office' of the Kern County Recorder; THENCE (7) Easterly along the last named north right of way line and extension thereof to intersect the norterly prolongation of the west right of way line of Ashe Road; THENCE (8) Southerly along the.last named west right of way line and extensions thereof to. the Point of Beginning. EXHIBIT "A" 't ( MAP AND ASSESSMENT DIAG M FOR MAINTENANCE DISTRICT NO. 2 , BAKERSFIEl D, C~LIFORAIIA FOR FISCAL YEAR' 1982-1983 (3) "' ~ ~':F~:~:"':---.r':--"::- · !~.-~ ~ L='. ~,.=-. 'e-~ .:- ' 'll ' , ,:...,.. 6643 ~ - ~ ~ -*' * ,.I · I i II VENU~' I - i BAK. ERSF*~F-LI). CALIFOE~IA FILED FOR RECORD THIS DAY OF MAINTENANCE DISTRICT NO. 2 CITY OF BAKERSFIELD BENEFIT FORMULA The various lots and parcels within the district shall be assessed at the following rate: For each assessable lot or parcel the assessment shall equal the dollar amount determined by: (a) 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) in the case of a lot or parcel for which a subdivision map, indicating the actual number of dwelling units to be constructed on the lot or parcel, has been approved by the City or has been filed in the County Recorder's office, or for which the actual number of dwelling units to be constructed on the lot or parcel has been otherwise approved by the City and provided 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 (c) the number of dwelling units permitted to be constructed in the district. axb c = Assessment for each lot or parcel EXHIBIT B 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 21st day of July , 1982, by the following vote: AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, RATTY, ROCKOFF, NOES: CO'LII'~C~L/V~ ~',~: __~ ABSENT: COUNCILMEN: --~i~'~ ABSTAINING: COUNCILMEN: Council of the City of Bakersfield the CItY ATTORNEY ~he Cito~TfBakersfield 1982 AJS:mm