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Home My WebLink AboutRES NO 008-14RESOLUTION NO. 008-14 A RESOLUTION FORMING A TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE DESIGNATED AS TS -23 (SWC OF PANAMA LANE & ASHE ROAD) , 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 6) WHEREAS, the Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1767 declared its intention to form a Traffic Maintenance Signal District (TMSD), preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed 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 TS -23, as shown and designated on that certain map entitled "Map and Assessment Diagram for the formation of TS -23 (SWC of Panama Lane and Ashe Road), to the Traffic Signal District, Bakersfield, California," for this fiscal year on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owner within the proposed maintenance district 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 the inclusion in a TSMD. The owner(s) have also submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating their consent to the assessment; and NOW THEREFORE, BE IT RESOLVED by the 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 forms a TSMD designated as TS -23 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 new TSMD. SA PROJECTS \MAINDIST \Formation Documents \TS -23\ Res est TSMD.docx o`` � AKF9s r m_ U � O ORIGINA), 4. All parcels within this maintenance district shall be 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. However, parcels will not be assessed until said improvements have been installed. When said improvements have been completed, the appropriate assessment 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 ") and assessment roll (Exhibit "E ") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2013 -2014 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. --- - - - - -- -000 -- S:\ PROJECTS\ MAI NDIST\ Formation Documents\ TS-23\ Res est TSMD.docx 2 oI0AKF, cP I. r U � ORIGINAL 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 JAN 0 8 7914 , by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ v AYES: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON ES: COUNCILMEMBER nO'cIA__ ABSTAIN: COUNCILMEMBER () (1,(�� ABSENT: COUNCILMEMBER inc" t4"244�z ROBERTA GAFFORD, OJ4C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield JAN 082014 APPROVED: HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorn 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 -23 \Res est TSMD.docx 3 gPKE� p� 9sT > m v CZ? QRIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED AS TS -23 Fiscal Year 2013 -2014 Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is generally described as the SWC of Panama Lane & Ashe Road 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: Zl 1 RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" �PKE9 > m oRaNA' LEGAL DESCRIPTION Area TS -23 An area located in Section 28, Township 30, Range 27 M.D.B. & M„ more particularly described as follows: PM 11779 Bakersfield California Containing: 16.77 Acres, more or less. �gAKF,9s EXHIBIfA m v ORIGINAL MAP AND ASSESSMENT DIAGRAM FORM A (AREA TS — 23) AS A TRAFFIC SIGNAL MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA J-i-LLLd1+j NOT TO SCALE gAKF pk EXHIBIrX,NXc FXE- TS —23 mom i M i TRAFFIC SIGNAL MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Traffic Signal Maintenance District shall be assessed the amount as defined below: 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. �0AKF9 EXHIBITS �� U � ORIGINAL, TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -23 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 NET AMOUNT TO BE ASSESSED $0.00 $0.00 EXHIBITAAKF9s�, � m � r- v � ORIGINAL TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -23 ASSESSMENT ROLL FISCAL YEAR 2013 -2014 Assessor's Tax No. Total amount to be collected for FY (2013-2014) 539 - 010 -23 -006 $0.00 539 - 010 -22 -004 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT E m ORIGINAL. Cahan Panama, LLC 11440 W. Bemardo Ct. Suite 280 San Diego, CA 92127 October 3, 2013 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mrs. Shaw: RE: Inclusion of Tentative Parcel Map #11779'ATN# 539 -010- 22 -00-4 in a Traffic Signal Maintenance District (TSMD) We, the undersigned, as owners of the property included within Tentative Parcel Map No. 11779, ATN No. 539-010- 22 -00-4, 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 $ $1,832.20 as required by the City to cover the costs of this inclusion into the TSMD. If requested, our engineer will supply you with a computer 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 , 20 at in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, C4'9-3301. We hereby waive our right to further notice of that hearing. Respectfully, er M. Cahan res dent RKk�q � r c3 C7 EXFAloffNfL wince Foes An Employee Owned Company WInCo Foods, LLC GENERAL OFFICE (208) 377 -0110 FAX (208) 377 -0474 October 9, 2013 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mrs. Shaw: P.O. BOX 5756 BOISE, IDAHO 83705-0756 RE: Inclusion of Tentative Parcel #11779 ATN# 539 - 010 -23 -00-7 in a Traffic Signal Maintenance District (TSMD) We, the undersigned, as owners of the property included within Tentative Parcel Map No. 11779, ATN No. 539 - 010- 23 -00 -7, 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 $ 1,835.40 as required by the City to cover the costs of this inclusion into the TSMD. If requested, our engineer will supply you with a computer 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 , 20_ 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, David Butle CFO 650 N. ARMSTRONG PLACE, BOISE, IDAHO 83704 Recycled Bond I, A K, 9 o` ` � r WRITE