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Home My WebLink AboutROI NO 1768RESOLUTION OF INTENTION NO. 1768 A RESOLUTION DECLARING INTENTION TO FORM A TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE DESIGNATED AS TS -24 (SWC OF OLIVE DRIVE & CALLOWAY DRIVE), 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 THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 4) 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; WHEREAS, the property owner has requested the City Council to form a Traffic Signal 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 formation of a Traffic Signal Maintenance District; WHEREAS, it is the intention of the City Council of the City of Bakersfield to form a Traffic Signal Maintenance District to be designated as TS- 24 (SWC of Olive Drive and Calloway Drive); 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 area in Exhibit "A" attached hereto, to maintain and operate the convenient traffic signal; (b) a map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; (c) the benefit formula set forth as Exhibit "C "; (d) a budget, Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; (e) the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; o�gAKF s S: \ PROJECTS\ MAINDIST\ Formation Documents\ TS -24 \ ROI 1768.doc m r U O i ORIGINAL (f) Correspondence from the property owner(s) requesting inclusion within the TSMD attached hereto as Exhibit 7 "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "C ", 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 a Traffic Signal Maintenance District; and WHEREAS, said property owner(s) have returned their assessment ballot(s) indicating their 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, 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 as a Traffic Signal Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory forming the Traffic Signal 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 areas of benefit and is assessed 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- Riverside - Orange County /All Urban Consumers Consumer Price Index, S: \PROJECTS \MAINDIST \Formation Documents \TS - 24 \ROI 1768.doc o``gAKF9� T v o 2 ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Co ncil of the City of Bakersfield at a regular meeting thereof held on VC 1 1 `1013 , by the following vote: r ✓ ✓ COUNCILMEMBER L, WEIR, SMITH, HANSON, : 1, JOH SON NOES: COUNCILMEMBER NMQ A IN: COUNCILMEMBER om- <ABSEN • COUNCILMEMBER gj'--f— LaU., -Muk . ks 4,A WGX�. 1�al� ROBERTA GAFFORD, CMft CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: DEC 11 2013 MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attor e By: ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit " 1 " Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" Exhibit "F" S: \PROJECTS \MAINDIST \Formation Documents \TS- 24 \ROI 1768.doc 3 > m F- r V � ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED AS TS -24 Fiscal Year 2013 - 2014 Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is generally described as the SWC of Olive Drive and Calloway Drive 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 a convenient traffic signal. The improvements maintained within this district include all operating and maintenance costs associated with the convenient traffic signal(s) within the district and are of a public nature. The assessment includes the cost of necessary repairs, replacement, 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. All parcels within this area shall be assessed an amount not to exceed that established in the wording on their Proposition 218 ballots as submitted with the formation of this district. 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 the convenient traffic signal(s) are operational. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. 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 2013 -2014 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: z T//, ") RAUL M. ROJAS Director of Public Works City of Bakersfield EXHII�KTK '' s U � ORIGINAL LEGAL DESCRIPTION Area TS -24 An area located in Section 18, Township 29, Range 27 M.D.B. & M., more particularly described as follows: PM 11788 Bakersfield California Containing: 21.5 Acres, more or less. o�OAK� T s EXHIBIT A v o ORIGINAL MAP AND ASSESSMENT DIAGRAM FORM A (AREA TS - 24) AS A TRAFFIC SIGNAL MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA 1 till�(i _-'LN ;ytC,'111`I f c" iWt b, 02 �! ,i TSMD 24 Zi wr., >I 101x04 i:i � IiJCil;i1 ..V004 1 I li li Ili 992 2 9918 9914 991011 99015 9902 Cl8f-i8 %04 9800 c1714 971('-- S(706 �f f'! 2 EB•APv?ANf R- A -i %:VE -.7D 11u11f1 'lw +iil Gi�';I i 17,, F-D a 'l(�diq T. T. 1 �, °fi ,.� EXHIBIT "B' NOT TO SCALE d vu TS -24 ®RIG GAL TRAFFIC SIGNAL MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Traffic Signal Maintenance District shall be assessed the amount as Rate: Each parcel shall be assessed a percentage of the total operating and maintenance costs. Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. s EXHIBIT C o ORIGINAL TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -24 Said assessment is made in accordance with the benefit formula attached hereto. 2013 -2014 BUDGET Gross Budget Amount Required $0.00 City Staff Services or Contract, Supplies, Materials and Utilities) County Fees to Add Parcels to Tax Roll $0.00 NET AMOUNT TO BE ASSESSED $0.00 AK4 99 EXHI5IT D U O ORIGINAL. TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -24 ASSESSMENT ROLL FISCAL YEAR 2013 -2014 Assessor's Tax No. Total amount to be collected for FY (2013 -2014) 526- 010 -09 -003 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT E ')RIGINAL October 3, 2013 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1501 Truxtun Avenue Bakersfield, California 93301 Dear Ms. Shaw: Re: Inclusion of Parcel Map No. 11788 ATN #526- 010- 09 -00 -3 in a Traffic Signal Maintenance District (TSMD) We, the undersigned, as owners of the property included within Parcel Map 11788, ATN No. 526- 010- 09 -00 -3, hereby request that the property be included within the TSMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $1,854.60 as required by the City to cover-the-costs of this inclusion into the TSMD. If requested, our engineer will supply you with a_dompgter disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ( "applicable law "), a City Council hearing will be held -for purposes of including the above property within the TSMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for , 2013 at in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, DCM Assets Management, LLC C�M� By: Cyru Mod i 04 6AK,'9�' "I AL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 13th day of December, 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1768 passed by the Bakersfield City Council at a meeting held on the 11th day of December, 2013 and entitled: A RESOLUTION DECLARING INTENTION TO FORM A TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE DESIGNATED AS TS -24 (SWC OF OLIVE DRIVE & CALLOWAY DRIVE), 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 THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL (WARD 4) ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield S: \DOCUMENl1FORMSWOP. R01.wpd o�`�AKF9� s v o ORIGINAL