HomeMy WebLinkAboutRES NO 053-16RESOLUTION NO. 053— 1 6
A RESOLUTION FORMING A TRAFFIC SIGNAL
MAINTENANCE DISTRICT TO BE DESIGNATED AS TS -25
(NWC OF ALLEN ROAD & BRIMHALL ROAD), ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE NEW
MAINTENANCE DISTRICT, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL. (WARD 4)
WHEREAS, the Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1872 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 -25, as shown and designated on that certain map entitled "Map and
Assessment Diagram for the formation of TS -25 (NWC of Allen Road & Brimholl
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 -25 and confirms and
adopts the Public Works Director's Report, including the amounts of
assessment for each assessed parcel.
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3. Exhibits "A" and "B" describe the new TSMD.
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 "), assessment roll (Exhibit "E "), and
formation letter (Exhibit "F') are attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 2015 -2016 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.
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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 APR 10 1016 , by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
VES' COUNCILMEMBER ftIVERA.MAXWELL, WEIR, SMITH, HANSON. SULLIVAN, PARLIER
NOES: COUNCILMEMBER NOVEL
ABSTAIN: COUNCILMEMBER NML
COUNCILMEMBER _ -SUU ✓AK
OBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: APR 2 0 2016
Harol 1
Vice -Mayor Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attor e
By:
ANDREW HEGLUND
Deputy City Attorney
Attachments: Exhibit "1" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED
AS TS -25 (NWC OF ALLEN ROAD & BRIMHALL ROAD)
Fiscal Year 2015 - 2016
Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is generally
described as the NWC of Allen Road and Brimholl Road and 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, NICK FIDLER, 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 2015 -2016 Budget and Assessment Roll as set forth in Exhibit "E" and Exhibit "F;' 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:
` \�
NICK FIDLER
Director of Public Works
City of Bakersfield
EXHIBRrVf ,
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LEGAL DESCRIPTION
Area TS -25
An area located in Section 26, Township 29, Range 26 M.D.B. & M., more particularly
described as follows:
PM 12022
1201 Allen Road Bakersfield California
Containing: 15 Acres, more or less.
EXHIBIT A
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MAP AND ASSESSMENT DIAGRAM
FORM A (AREA TS - 25) AS A TRAFFIC
SIGNAL MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
NOT TO SC
EXHIBIT 'B"°`
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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.
EXHIBIT o AK, qT N
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TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -25
Said assessment is made in accordance with the benefit formula attached hereto.
2015 -2016
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.O0
$0.00
EXHIBIT D aF0AKF9N
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TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -25
ASSESSMENT ROLL
FISCAL YEAR 20152016
Assessor's Tax No. Total amount to
be collected for
FY (20152016)
495 -010 -47 -008 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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ARTISAN
SCZUARE
November 16, 2015
City of Bakersfield - Public Works Department
Attn: Marian P. Shaw
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mrs. Shaw:
RE: Inclusion of Parcel Map 12022 in a Traffic Signal Maintenance District
(TSMD)
We, the undersigned, as owners of the property included within Parcel Map 12022
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 $ 8 O. rw 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
2016 at in the Council Chambers located at 1501 Truxtun Ave., Bakersfield,
CA 9330_ 1. We hereby waive our right to further notice of that hearing.
Respectfully, a `'�
Artisan Square Investments, LLC.
Ron Froehlich, Jr.
Managing Member
8501 Brimhall Road, Suite 404
Bakersfield, CA 93312
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