HomeMy WebLinkAboutROI NO 1985RESOLUTION OF INTENTION NO. 1985
A RESOLUTION DECLARING INTENTION TO FORM A
TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE
DESIGNATED AS TS -27 (NEC OF ASHE ROAD 8 PANAMA
LANE), 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 6)
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; and
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; and
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 -
27 (NEC of Ashe Road & Panama Lane). Said area is generally described in
Exhibit "A" attached hereto, to maintain and operate the convenient traffic
signal; and
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 boundary of the new territory,
attached hereto as Exhibit "A";
(b) a map and assessment diagram of the new 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;
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(e) the amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E"; and
(f) correspondence from the property owner(s) requesting
creation of a traffic signal maintenance district attached
hereto as Exhibit "F";
WHEREAS, the City of Bakersfield has received a letter from the
owner(s) of the property 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 formation of
a Traffic Signal Maintenance District.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
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.
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HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of4 0 lit of Bakersfield at a regular meeting thereof
held on 0U b the followingvote:
✓ ✓ ✓ ✓ ✓ ✓
YES COUNCILMEMBER RIVERA, GON2ALES, WEIR, SMItH, FREEMAN, SULLIVAN, EARLIER
NOES: COUNCILMEMBER ND(\Q
ABSTAIN: COUNCILMEMBER tVCPU,
ABSENT: COUNCILMEMBER flsh�0.
NAW/ fL 11/Ir41NVl�
CHRISTOPHER GERRY iE
ACTING CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: NOV 0 7 2018
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
�
By: /1
RICHARD IGER
Deputy City Attorney
Attachments: Exhibit"]" 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 -27 (NEC OF ASHE ROAD AND PANAMA LANE)
Fiscal Year 2018 - 2019
Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is generally described as the
NEC of Ashe Road and Panama Lane 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 signaljs) are operational.
All parcels as described in the Benefit Formula on file with the City Clerk within the area will be
affected.
NOW THEREFORE, 1, 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 2018-2019 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: U,12' 111
1"
NICK FIDLER
Director of Public Works
City of Bakersfield
EXHITfNKe,
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ORIGINAL
Area TS -27
An area located in Section 22, Township 30, Range 27 M.D.B. & M., more particularly
described as follows:
PM 12173
6200 Panama Ln Bakersfield California
Containing: 9.88 Acres, more or less.
EXHIBIT �enKFe�
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ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FORM A (AREA TS - 27) AS A TRAFFIC
SIGNAL MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
_TFWADCT.
jow PL
T"Aff ST.
NOT M SCS EXHIBIT -
TRAFFIC SIGNAL MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Traffic Signal Maintenance District shall be assessed the amount as
Rafe:
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, 2D05 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.
EXHIBITIl
F. m
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ORIGINAL
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -27
Said assessment is made in accordance with the benefit formula attached hereto.
2018-2019
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
County Fees to Add Parcels to Tax Roll
M
NET AMOUNT TO BE ASSESSED $0.00
EXHIBIT plKp�
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ORIGINAI
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -27
ASSESSMENT ROLL
FISCAL YEAR 2018-2019
Assessor's Tax No. Total amount to
be collected for
FY (2018-2019
499-573-01-00-6 $0.00
Total $0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT EoF0nKF9�
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C)RIGINAI
Septemcar A 201&
City of Bakersfield - Public Works Department
A.ttn: Daniel Padilla
16(0 Tnaxtun Avenue
Bakersfield. California 9330:7
Dear Mr Padilla
RE Inclusion of Parcel 12173 ATN# 499-573-01 in a Traffic Signal Maintenance
District (TSMD)
`Nethe undersigned. as owners of the p-ooerty ,cduded w.,hm Parcel Map 12173
ATN No.499-573-61 hereby reauest that the ons carry be included wthin the TSMD.
Thls request is in accordance with the requ,remenis of Bakersfield Municipal Code
Section 13 04 021 Enclosed .s a check for s 371 OG as regtnrad by the City bo cover
the costs of in s inclusion into the TSMD if requestel. our engmee, wdl supply you
with a compute, disk copy of I -e map for your use
We understand that under F,opositicr, 216 and Gooe mer; Cede section 53753
llapplicable law a City Council ❑ea nng vw be held =or purposes c+ mCodi-g the
above property with in me —SMD and de!ern inng the amdunt of assessments Ae
hereby waive uu� right to have a hearno witbrn the time parameters set forty m the
appircable aw 'As further understand mat the ^earing is scneduled fcr
2C at n the Council Chambers located a' ''SCS ,uxtun. Ave Bake,sl old,
CA d3 X01 'Ale hereby Naive cir r aha is fij-'rre, notice ol that hearing.
Respectfully.
Panama andAshen U C
B, Chris Havden.
�gANP9
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TS -27 EXHIBIT F o
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CHRISTOPHER GERRY, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 8th day of November, 2018 he posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1985 passed by
the Bakersfield City Council at a meeting held on the 7'h day of November. 2018 and
entitled:
A RESOLUTION DECLARING INTENTION TO FORM A TRAFFIC SIGNAL
MAINTENANCE DISTRICT TO BE DESIGNATED AS TS -27 (NEC OF ASHE ROAD &
PANAMA LANE), 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 6).
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: 06,-}
DEPUTY City Clerk
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