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HomeMy WebLinkAboutRES NO 103-83RESOLUTION NO. 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 THE 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 NO. 973 - MAINTENANCE DISTRICT NO. 8.) 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 the 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 Clerk of said Council his Report in writing containing said matters, (a) (b) (c) (d) by said Clerk to the City Council fully considered by the Council. the including the following: A budget containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code; The benefit formula previously set forth as Exhibit "B" to Resolution of Intention No. 973; A description of each parcel of property in the proposed maintenance district; and The amount of assessment to be levied against each parcel; and WHEREAS, said Director's Report has been duly presented for consideration and has been 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 said hearing, shall present to the Council all such protests filed with said Clerk. 3. The City Clerk is hereby notice of said hearing to be published, further directed to cause 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 (10) days prior to such hearing. The form of notice shall be substantially as follows: -2- CITY OF BAKERSFIELD NOTICE OF HEARING ON PROPOSED MAINTENANCE DISTRICT NO. 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 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, Bakersfield, California. Any interested owner objecting to establishment of the district or the boundaries of the district or the fairness of the benefit formla or the amount of the assessment on any of his 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- 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. 131-030-04-01-5 -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- 10. 131-030-35-00-6 -0- 11. 131-030-33-00-0 -0- 12. 131-030-16-00-1 -0- 13. 131-030-27-00-3 -0- 14. 131-030-28-00-6 -0- 15. 131-030-34-00-3 -0- 16. 131-040-11-00-9 -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- 24. 131-040-31-00-7 -0- 25. 131-040-23-00-4 -0- 26. 131-040-24-00-7 -0- -4- Assessment No. 27. 28. 29. 30. The park the 1983-84 for 1983-84 Assessors Parcel No. 131-040-25-00-0 131-040-15-00-1 131-040-26-00-3 131-040-30-00-4 Assessment and park facilities will not be constructed during fiscal year. Therefore, no assessments are proposed fiscal year. DATED: August 4, 1983 Assistanff City 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: ABSIAINING: COUNSILV~EN: ~ CITY CLERKZand ~x. Officio Clerk of Council of the City of Bakersfield the APPRQ¥~ this 3rd day of August, 1983 MA~'~,~the C['ty of Bakersfield APPROVED as to form: AT/ TOR -6- PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 8 City of Bakersfield Fiscal Year 1983-84 WHEREAS, 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 Roll set forth hereinbelow. 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 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, trash cans, rest rooms, including among others cabanas, tables, barbecues, drinking fountains, benches, storage buildings and and all drainage facilities, irrigation systems and 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 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 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 Maintenance 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- hereto. The benefit formula is set forth in the attachment The park will not be constructed in the 1983-84 fiscal year. Therefore, no assessments will be levied during that 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 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. 1983 - 1984 BUDGET Sources of Funds Beginning Fund Balance Gross Amount Required Amount of Contribution by City Amount of Advances by City Net Balance, to be Assessed Total Total Use of Funds City Staff Services or Contract Supplies, Materials, utilities Estimated Maintenance Cost Assessment No. 1. 2. 3. ASSESSMENT ROLL FISCAL YEAR 1983 - 1984 Assessors Parcel No. 131-030-04-01-5 131-030-05-00-9 131-030-42-00-2 Assessment -3- Assessment No. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Assessors Parcel No. 131-030-44-00-2 131-030-43-00-9 131-030-40-00-0 131-030-45-00-5 131-030-47-00-1 131-030-48-00-4 131-030-35-00-6 131-03--33-00-0 131-030-16-00-1 131-030-27-00-3 131-030-28-00-6 131-030-34-00-3 131-040-11-00-9 131-040-27-00-6 131-040-28-00-9 131-040-29-00-2 131-040-02-01-2 131-040-04-00-9 131-040-05-00-2 131-040-03-00-6 131-040-31-00-7 131-040-23-00-4 131-040-24-00-7 131-040-25-00-0 131-040-15-00-1 131-040-26-00-3 131-040-30-00-4 Assessment -0- DATED: Julv 29, 1983 .......... 000 .......... -4-