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Home My WebLink AboutRES NO 54-84RESOLUTION NO. 54-84 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD FOR MAINTENANCE DISTRICT NO. 5 APPROVING AND ADOPTING THE 1984-85 BUDGET, LEVYING ASSESSMENTS, RESERVING THE RIGHT TO PERFORM MAINTENANCE WORK BY CITY FORCES AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. including complying WHEREAS, the report of the Director of Public Works, the 1984-85 budget for Maintenance District No. 5 and with the provisions of Section 13.04.130 of the Bakersfield of Sections Council has by Sections Code; and Municipal Code, having heretofore been filed with the City Clerk as required by Section 13.04.140 of that Code, and the requirements 13.04.150 and 13.04.160 having been met, the City this date held a noticed public hearing as required 13.04.210 and 13.04.220 of the Bakersfield Municipal WHEREAS, the City Council has considered the report of the Director of Public Works, including the aforementioned budget, and has received no protest to the amounts of the assessments or to the reservation of the right to perform maintenance work by City forces. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are found to be true and correct. 2. The report of the Director of Public Works, attached hereto, including the 1984-85 budget for Maintenance District No. 5 and the assessments therein contained, is hereby approved, such budget is hereby adopted and such assessments are hereby levied. 3. The reservation of the right to perform maintenance work by City forces is hereby made. 4. The City Clerk shall transmit the assessments levied herein to the Director of Finance with instructions to submit said list to the Kern County Auditor-Controller and Tax Collector, and such other County officers as may be required, for placement of such assessments on the secured roll of the County and request that said Tax Collector for the 1984-85 fiscal year collect and enforce said assessments in the same manner as ad valorem property taxes. .......... 000 .......... 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 24th day of July, 1984, by the following vote: AYES: COUNCILMEN: BARTON, C!!'.LDC, CHRISTENSEN, MOORE, PAYNE, RATTY, ROCKOFF NOES: COUNCILMEN: ABSENT: COUi'~CILMEN: A~STA,N~NO, COUNCILM~N: C'IT~ CL~RK and Ex Officio Clerk of the Council of the City of Bakersfield APP,~O~T~ this 24th day of July, 1984 MAY'OR i/the Cit~ 8f Bakersfield APPROVED as to form: CITY 'ATTORNEY ~ the City~of Bakersfield AJS: mro 7-17-84 --2-- PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. City of Bakersfield Fiscal Year 1984-85 City of Bakersfield Maintenance District No. 5 is generally described as a district within the City of Bakersfield in that portion of Section 8, Township 30 S~,uth, Range 27 East, M.D.M., described as follows: Beginning at the point of intersection of t!~c ~$t right-of-way line of the Arvin-Edison Canal, ~lth a point %~i~00 feet south of the centerline of Ming Avenue; thence along the westerly line of said Arvin-Edison Canal the follow.ing courses and distances: (1) South 01o 45' 24" West, 541.3[~0 feet to the beginning of a curve, concave easterly of radius of ],050.00 feet; thence (2) southerly along said curve, thro~ch a central angle of 00o 5].' an arc distance of 15.59 feet; thence (3) Seuth 00° 54' 21" 371.709 feet to the beginning of a curve, concave easterly of radius of 950.00 feet; thence (4) southerly along said curve, through a central angle of 01° 09' 30", an arc distance of 1~.21 feet; thence (5) South 02° 03' 51" West, 2,931.14 feet; thence leaving said right-of-way line North 89° 17' 27" West, 2,507.68 feet; thence North 00° 42' 36'~ East, 216.00 feet; thence North 02° 12' 13" East,' 69.77 feet; thence North 05° 04' 34" East, 70.68 feet; thence North 05° 13' 00" East, 72.00 feet; thence North 04° 09' 10" East, 78.60 feet; thence North 00° 28' 10" West, 82.91 feet; thence North 05° 28' 55" West, 82.91 feet; thence North 10° 29' 40" West, 82.91 feet; thence North 15° 30' 25" West, 82.91 feet; thence North 20° 31' 10" West, 82.91 feet; thence North 25° 31' 55" West, 82.91 feet; thence North 30° 32' 40" %~est, 82.91 feet; thence North 34° 35' 22" West, 76.54 feet; thence North 35° 00' 00" West, 146.00 feet; thence North 42° 01' 13" West, 133.67 feet to the beginning of a curve, concave westerly of radius of 1,200.00 feet; thence northerly along sa~d curve, through a central angle of 63° 12' 47", an arc distance ~f 1,323.934 feet to a point, the radial point being North 74° 46' 00" East; thence North 15° 14' 00" West, 400.811 feet to the beginning of a curve, concave easterly of radius of 1,200.00 the radial point being North 74° 46' 00" East; thence northerll~ along said curve, through a central angle of 16° 04' 08", an arc distance of 336.546 feet to a point, the radial point bearing North 89° 09' 52" We~t; tkence North 00c 50' 0~" East, 621.00 feet, more or less to a point 79.00 feet southerly of the center- line of said Ming Avenue; thence South 89° 09' 52" East, 2,766.034 feet, more or less to the POINT OF BEGINNING. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Bakersfield Maintenance District Procedure, the Director of Public Works makes and files this Report and proposed assess- ment of and upon all parcels of property within the district to be assessed for the cost of maintaining and operating local public improvements, which are now contemplated or are in various planning stages and some of which may be constructed or installed within, and would then be maintained and operated by, the district. There may be other improvements of the general nature designated above to be maintained and operated by the District. Any such improvements will be constructed only after plans therefor have been filed with and approved by the City Engineer. The improve- ments generally include parks, street and parkway landscaping, signs and sign posts, walls and fences which include~ but are not limited to, plant forms, drainage facilities, irrigation systems and equipment, rest rooms, drinking fountains, barbecues and storage buildings, and plumbing and fixtures therefor, recreation equipment, including swings, slides, play structures, etc., and picnic facilities, including tables, barbecues, trash cans, fountains, benches and tennis courts with coin operated lights, sidewalks, walkways, parking areas, poles, posts, wires, pipes, conduits, water mains and/or sprinkler systems and ornamental planting, including turf, lawns, shrubs, hedges, ground cover, and trees now existing or 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 enlarge- merits thereto which may hereafter be made. -2- In most of t:~ City, street landscaping and parks are maintained through th~ Department's budget expenditures. After Proposition 13, funds -ilable for street landscaping, parks and other maintenance were s~ ~tantially reduced. At present the Department's budget will nc~t accommodate maintenance of new improvements of the type described above and proposed for newly developed areas within the City. Thus, absent funds for maintenance costs from a source other than general tax revenues, the City will not accept or permit parks or median strip or other landscaping or signs or walls to be placed in the City-owned areas in the area included in this Maintenance District. The funds generated as the result of the estab]J~ent of the district will be utilized strictly for the purposes of and applied to the maintenance and upkeep of Such funds will not supplant any either present or future. i~nprovement'~ % illin the district. City general fund expenditure, The establishment of the district has been specifically requested by the present owner and developer of all property located within the district, in order that funding for the maintenance and upkeep of amenities specially designed to enhance the living environment of future residents therein be established as an integral part of the development process. The district is designated for low/medium density development. Because of the natural boundaries of the area occasioned in part by the character and timing of surrounding development, the area within the district will receive the greatest benefit from the contem- plated improvements and maintenance thereof. Sensory benefits from installing parks, street landscaping, signs and walls and fences, including heat regulation, some noise attentuation and/or esthetic enhancement, open space enjoyment and recreation will accrue to all the lot or parcel owners and residents within Maintenance District No. 5. In addition, the parcel or lot owners will directly receive the benefit of increases in the market value of their lots or parcels. -3- The benefit of increased market v~iue, particularly from walls and street landscaping, will inure to the lots or parcels uniformly, and will be assessed at a uniform acreage. rate. The sensory benefits from walls ~'nd street landscaping will similarly benefit all of the dist~ t, and will also be assessed at a uniform acreage rate. Park use and enjoyment likely to be most directly susceptible of enjoyment by each resident. These benefits are, therefore, to be assessed on the basis of numbers of residents per lot or parcel. It would be impracticable to base the assessment on the actual number of residents in the district in any fiscal y~"~ Instead, the 1980 census figures for detached and attached :k.~ ~li.n~s, take?] fro~ the census tract in the southwest portion o2 L?~ner~ f_.~]d~ tra~ 18, 28.01, 28.02, 28.03, and 28.~4~ have be~3n the average number of residents in detache~l ~. attached dwelling units. From those averages, the number of residents presumed for each detached dwellin9 is 3.24; t~e number of residents presumed for each attached dwelling is 2. The benefit formula is set forth in the attachment hereto. 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 budget and assessment upon all parcels of property within Maintenance District No. 5, subject to be assessed to pay the cost of maintenance and operation in said District for the fiscal year 1984-85. -4- Said assessment is made in accordance with the benefit formula attached hereto. 1984 - 1985 BUDGET Source of Funds Beginning Fund Balance Gross Amount Required Amount of Contribution by City Amount of Advances by City Net Balance, to be Assessed Total Use of Funds City Staff Services/Contract Supplies, Materials, Utilities Estimated Maintenance Cost Total Total 58,630 58,630 44,135 14,495 58,630 Dated: July 9, 1984 ~/DIRECTOR OF PUBLIC k~ORKS city of Bakersfield -5- SORT ASSPDT WITH BID QE 5000 AND WITH ~ID LT 60~0 LPTR 14:19:44 QE 1 ASSESSMENT NO. ASSESS~ PARCEL NO. DESCRIPTION ............ TOT. 07-27-84 ASSESSMNT PA 5-001 5-002 5-003 5-004 5-005 5-006 5-007 5-008 5-009 5-010 5-011 5-012 5-013 5-014 5-015 5-016 5-017 5-018 5-019 5-020 5-021 5-022 5-023 5-024 5-025 5-026 5-027 5-028 5-029 5-030 5-031 5-032 5-033 5-034 5-035 5-036 5-037 5-038 5-039 5-040 5-041 5-042 5-043 5-044 357-020-31-00-7 357-020-43-00-2 357-020-19-00-3 357-020-20-00-5 357-020-29-00-2 357-020-42-00-9 LOT S, TRACT NO. 72. 18 $14968.78 ACRES LOT PTNA, TRACT NO. $0.00 P6722 LOT 8, TRACT NO. 3.65 $845.01 ACRES LOT 8, TRACT NO. 1275 $12154.76 ACRES LOT 8, TRACT NO, 94.27 $20642.44 ACRES LOT PTNA, TRACT NO. $0.00 P6722 357-080-0i-00-8 LOT !, TRACT NO. P6787 357-080-02-00-1 LOT 2, TRACT NO. P6787 357-091-01-00-8 LOT 1, TRACT NO. 4472 357-091-02-00-1 LOT 2, TRACT NO. 4472 357-091-03-00-4 LOT 3, TRACT NO 4472 357-091-04-00-7 LOT 4, TRACT NO. 4472 357-092-01-00-5 LOT 25, TRACT NO. 4472 357-092-02-00-8 LOT 2~, TRACT NO. 4472 357-092-03-00-1 LOT 27, TRACT NO. 4472 357-092-04-00-4 LOT 28, TRACT NO. 4472 357-092-05-00-7 LOT 2% TRACT NO. 4472 357-092-06-00-0 LOT 30, TRACT NO. 4472 357-092-07-00-3 LOT 31, TRACT NO. 4472 357-092-08-00-6 LOT 32, TRACT NO. 4472 357-092-09-00-9 LOT 33, TRACT NO. 4472 357-092-10-00-1 LOT 34, TRACT NO. 4472 357-092-11-00-4 LOT 35, TRACT NO. 4472 357-092-12-00-7 LOT 36, TRACT NO. 4472 357-092-13-00-0 LOT 37, TRACT NO. 4472 357-092-14-00-3 LOT 38, TRACT NO. 4472 357-092-15-00-6 LOT 3~, TRACT NO. 4472 357-093-01-00-2 LOT 62, TRACT NO, 4472 357-093-02-00-5 LOT 63, TRACT NO 4472 357-093-03-00-8 LOT 64, TRACT NO. 4472 357-093-04-00-1 LOT 65, TRACT NO. 4472 357-093-05-00-4 LOT 66, TRACT NO. 4472 357-093-06-00-7 LOT 67, TRACT NO. 4472 357-093-07-00-0 LOT' 68, TRACT NO. 4472 357-093-08-00-3 LO~ 69, TRACT NO. 4472 357-094-01-00-9 LOT 70, TRACT NO. 4472 357-094-02-00-2 LOT 71, TRACT NO. 4472 357-094-03-00-5 LOT 72, TRACT NO. 4472 357-094-04-00-8 LOT 73, TRACT NO. 4472 357-094-05-00-1 LOT 74, TRACT NO. 4472 357-094-06-00-4 LOT 75, TRACT NO. 4472 357-094-07-00-7 LOT 78, TRACT NO. 447~ 357-094-08-00-0 LOT 7'7~ TRACT NO. 4472 357-094-09-00-3 LOT 78, TRACT NO. 447~ $120.72 $120.72 $120.72 $120.72 $120,72 $120.72 $120.72 $120.72 $120.72 $120.72 $120~72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.7~ $120.72 $120.72 $120.72 $120,72 $120.72 $120.72 $120.72 SORT ASSPDT WITH ~Iu QE 5000 AND WITH ~ID LT 6000 LPTR 14:19:44 2 ASSESSMENT NO~ ASSES& PARCEL NO. DESCRIPTION ............ TOT. 5-045 5-046 5-047 5-048 5-049 5-050 5-051 5-052 5-053 5-054 5-055 5-056 5-057 5-058 5-059 5-060 5-061 5-062 5-063 5-064 5-065 5-066 5-067 5-068 5-069 5-070 5-071 5-072 5-073 5-074 5-075 5-076 5-077 5-078 5-079 5-080 5-081 5-082 5-083 5-084 5-085 5-086 5-087 5-088 5-089 357-094-10-00-5 LOT 79, TRACT NO. 4472 357-094-11-00-8 LOT 80, TRACT NO. 4472 357-094-12-00-1 LOT 81, TRACT NO. 4472 357-101-01-00-0 LOT 5, TRACT NO. 4472 357-101-02-00-3 LOT 6, TRACT NO. 4472 357-102-01-00-7 LOT 7, TRACT NO. 4472 357-102-02-00-0 LOT 2, TRACT NO. 4472 357-102-03-00-3 LOT 9, TRACT NO. 4472 357-102-04-00-6 LOT ~0, TRACT NO. 4472 357-103-01-00-4 LOT 20, TRACT NO. 4472 357-103-02-00-7 LOT 21, TRACT NO. 4472 357-103-03-00-0 LOT 22, TRACT NO. 4472 357-103-04-00-3 LOT 42, TRACT NO. 4472 357-103-05-00-6 LOT 43, TRACT NO. 4472 357-103-06-00-9 LOT 44, TRACT NO. 4472 357-104-01-00-1 LOT 23, TRACT NO. 4472 357-104-02-00-4 LOT 24, TRACT NO. 4472 357-104-03-00-7 L07 40, TRACT NO. 4472 357-104-04-00-0 LOT 41, TRACT NO. 4472 357-105-01-00-8 LOT 51, TRACT NO. 4472 357-105-02-00-1 LOT 52, TRACT NO. 4472 357-105-03-00-4 L07 53, TRACT NO. 4472 357-105-04-00-7 LOT 54, TRACT NO. 4472 357-105-05-00-0 LOT 55, TRACT NO. 4472 357-105-06-00-3 LOT 56, TRACT NO. 4472 357-105-07-00-6 LOT 57, TRACT NO. 4472 357-105-08-00-9 LOT 58, TRACT NO. 4472 357-105-09-00-2 LOT 5~, TRACT NO. 4472 357-105-10-00-4 LOT 60, TRACT NO. 4472 357-105-11-00-7 LOT 61, TRACT NO. 4472 357-111-01-00-3 LOT 11, TRACT NO. 4472 357-111-02-00-6 LOT 12, TRACT NO. 4472 357-111-03-00-9 LOT 13, TRACT NO. 4472 357-111-04-00-2 LOT 14, TRACT NO. 4472 357-112-01-00-0 LOT 15, TRACT NO. 4472 357-112-02-00-3 LOT ib, TRACT NO. 4472 357-112-03-00-6 LOT i7, TRACT NO. 4472 357-112-04-00-9 LOT 18, TRACT NO. 4472 357-112-05-00-2 LOT 19, TRACT NO. 4472 357-112-06-00-5 LOT 45, TRACT NO. 4472 357-112-07-00-8 LOT 46, TRACT NO. 4472 357-112-08-00-1 LOT 47, TRACT NO. 4472 357-112-09-00-4 LOT 48, TRACT NO. 4472 357-112-10-00-6 LOT 49, TRACT NO. 4472 357-112-11-00-9 LOT 50, TRACT NO. 4472 89 records listed. 07-27-84 ASSESSMNT $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120,72 $120.72 $120~72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120.72 $120,72 MAINTENANCE DISTRICT NO. CITY OF BAKERSFIELD BENEFIT FORMULA 5 The various lots and parcels within the district shall be assessed at the followin9 rates: 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) A portion of 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 equal to the dollar amount allocated to maintenance and operation for that year of any and all improvements in the district except parks and except any improvements in or on any parks or incident thereto, multiplied by: (b) the number of assessable acres*, or portion thereof, in the lot or parcel; and divided ~y: (c) the number of assessable acres* in the district. "B" shall equal the dollar amount determined by: the sum of (d) The total number of dollars budgeted by the district for maintenance and operation of parks (including any improve- ments therein and/or incident thereto) in the assessment district for the year in which the assessment is levied (and this sum shall equal the remainder of funds budgeted by the district for a year after subtraction of the sum described in (a) above for that year), multiplied by the numerals 3.24, and multiplied by: (e) (i), the number of detached dwelling units permitted to be constructed (even if not constructed) on the lot or parcel pursuant to the then currently effective zoning and/ or City of Bakersfield State College Area General Plan as amended,** or multiplied by: ATTACHMENT Page 1 of 3 and (e) (ii), in the case of a lot or parcel for which a building permi~ or permits indicating the actual number of detached dwelling units to be constructed on the lot or parcel has been issued by the City, or for which the actual number of detached dwelling units to be constructed on the lot or parcel has been otherwise approved by the City, and evidence thereof has been filed in the County Recorder's office, 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 detached dwelling units permitted to be constructed on the lot or parcel, pursuant to said approval; (d) The total number of dollars budgeted by the district for maintenance and operation of parks (including any improve- ments therein. and/or incident thereto) in the assessment district for the year in which the assessment is levied (and this sum shall equal the remainder of funds budgeted by the district for a year after s~bt~action of the sum described in (a) above for that year~ multiplied by the numeral 2, and multiplied by: (f) (i), the number of attached dwe!.!.~::;. -:-,it'~ ~e~'zr~itted to be constructed (even if not construci. parcel pursuant to the then currentl% or Cit.v of Bakersfield State College ~\rea Genera] Plan as amended, *** or multiplied by: (f) (ii), in the case of a lot or parcel for which a building permit or permits indicating the actual numbe~- cf attached dwelling units to be constructed on the lot or parcel has been issued by the City, or for which the accupril number of attached dwelling units to be constructed on ~h~ lot or parcel has been otherwise approved by the City, anti evidence thereof has been filed in the County Recorder's office, 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 numDer cf attached dwelling units permitted to be constructed on the lot or parcel, pursuant to said approval; divided by the sum of: (g), the number of detached dwelling units permitted to be constructed in the district,**** multiplied by the numeral 3o24/ and (h), the number o~ attached dwelling units permitted to be constructed in the district, multiplied by the numeral 2. Page 2 of 3 OR A B a x b + d(3.24 x e(i)) + d(2 x f(i)) (g x 3.24) + (h x 2) A B a x b + d(3.24 x e(ii)) + d(2 x f(ii)) = Assessment fox c (g x 3.24) + (h x 2) each lot or parcel The number of assessable acres shall be determined by subtracting from the total acreage in the district or parcel or lot, the acreage of public streets, and other government owned land within the district or parcel or lot. Detached dwelling units (those dwelling units not joined to any others by any common walls) are deemed permissable in areas zoned R-1. The number of detached dwelling units permitted to be constructed on a i. ot or parcel shall be deemed to be the numeral 4 multiplied by the number of assessable acres, or portion thereof, in the parcel or lot, rounded off to the nearest whole number. Attached dwelling units (those joined to another by one or more common walls) are deemed permissable in areas zoned R-2 or R-3 and in areas not yet zoned. The number of attached 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 numbers of attached and detached dwelling units permitted to be constructed in the district shall be deemed to be the sum of each such type of units permitted to be constructed on all lots or parcels within the district, except that if the number of detached or attached dwelling units permitted on a lot or parcel is varied pursuant to Paragraphs (e) (ii) or (f) (ii), then the number of dwelling units permitted to be constructed in the district shall be deemed to be tke sum of the number of dwelling units determined for any such lots or parcels pursuant to Paragraphs (e) (ii) and (f) (ii) and %he remaining numbers of dwelling units determined as in ** and *** above. Page 3 of 3