RESOLUTION NO. _____________
A RESOLUTION ADDING TERRITORY, AREA 4-300 (2001 OAK
STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT;
APPROVING, CONFIRMING AND ADOPTING THE PUBLIC
WORKS DIRECTOR’S REPORT, THE BOUNDARIES OF THE
ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE
AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH
PARCEL. (WARD 2)
WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director’s Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a 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 lots or parcels of property within the established Consolidated Maintenance District (“CMD”). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ("special benefit") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ("general benefit"); and
WHEREAS, as set forth in the attached Public Works Director’s Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size.
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4-300 (2001 Oak Street) generally described in Exhibit "A" attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and
WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2227 declared its intention to add territory to the CMD, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness
of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4-300, as shown and designated on that certain map entitled “Map and Assessment Diagram for Addition of Territory, Area 4-300 (2001 Oak Street), to the Consolidated Maintenance District, Bakersfield, California,” for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and
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 Council hereby adds territory, Area 4-300 to the CMD and confirms and adopts the Public Works Director’s Report, including the amounts of assessment for each assessed parcel.
3. Exhibits "A" and "B" describe the additional territory.
4. All parcels within this additional territory shall be assessed at an amount not to exceed the amount 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 - Long Beach – Anaheim /All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape
improvements have been completed, the appropriate park and street tiers 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 benefit formula (Exhibit "C"), budget (Exhibit "D"), assessment roll (Exhibit "E"), and letter from the property owner(s) requesting inclusion in the CMD (Exhibit “H”) are attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect such assessments.
6. Beginning in the 2024-2025 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual 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 of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the
Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said code.
7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and
assessment is approved for the year in question.
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 ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GOZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
___________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: _____________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By _________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit "C" Exhibit "G"
Exhibit “1” Exhibit "D" Exhibit "H"
Exhibit “A” Exhibit "E"
Exhibit “B” Exhibit “F”