HomeMy WebLinkAboutROI NO 2107RESOLUTION OF INTENTION NO. 2107
A RESOLUTION DECLARING INTENTION TO FORM A
TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE
DESIGNATED AS TS -30 (1750 EAST 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
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 -30 (1750 East
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:
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 -Long Beach-Anaheim/All Urban Consumers Consumer Price
Index.
•1•
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution/wee was passed and
adopted, by th���u cil of the City of Bakersfield at a regular meeting thereof
held on by the following vote:
YE ' COLINCILMEMBER ARIAS, GONZALES, WEfR-, SMF H FREEMAN, GRAY, PAXIER
NOES: COLINCILMEMBER cam_
ABSTAIN: COLINCILMEMBER VV\Q--
BSEN COLINCILMEMBER
J LIE DRIMAKIS; MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: AUG 0 4 2021
By le01
&d.0W 4/
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
?-72 /2t,'L� 6-4��
UA RUDNICK
ty City Attorney
Attachments: Exhibit "1" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C"
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ORI aINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED
AS TS -30 (1750 East Panama Lane)
Fiscal Year 2021 - 2022
Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is generally described as 1750
East 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 -Long Beach-
Anaheim/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, Stuart Patteson, Acting 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 2021-2022 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: _7Za ZO zil
STUART PATTESON
Acting Director of Public Works
City of Bakersfield
EXHIBgE&1<4`i�`
OFZrOINAL
LEGAL DESCRIPTION
Area TS -30
An area located in Section 21, Township 30, Range 28 M.D.B. & M., more particularly
described as follows:
1750 East Panama Lane Bakersfield California
Containing: 79.35 Acres, more or less.
EXHIBIT ANK4
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ORIGINAL
Or IGlNAL
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
ORIGINAL
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -30
Said assessment is made in accordance with the benefit formula attached hereto.
2021-2022
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
EXHIBIT D
ORIGKK
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -30
ASSESSMENT ROLL
FISCAL YEAR 2021-2022
Assessors Tax No. Total amount to
be collected for
FY (2021-2022)
414-210-03-00-7 $0.00
Total $0.00
EXHIBIT 6'0"4
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BOARD OF TRUSTEES
Jeff Flores, President
J. Bryan Batey, Vice President Cynthia Brakeman, Clerk
Janice Graves, Clerk Pro Tem David Manriquez, Member
BRYON J. SCHAEFER, Ed.D., SUPERINTENDENT
5801 SUNDALE AVENUE - BAKERSFIELD - CALIFORNIA - 93309-2924 - (661) 827-3100 - FAX: (661) 827-3308
Michael Zulfa, Ed.D.
Associate Superintendent, Business
May 1.9, 2021
City of Bakersfield - Public Works Department
Attn: Manpreet Behl
1600 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of ATN No. 414-210-03-00-7 in a Traffic Signal Maintenance District (TSMD)
We, the undersigned, as owners of the property included within ATN No. 414-210-03-00-7 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 $ 910.00 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 . 2021 at 5:15 in the Council Chambers
located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing.
Respectfully,
P
Michael Zulfa, E . D.
Associate Superintendent, Business
Kern High School District
The Kern, High School. District (KHSD) is committed to ensuring equal, fair, and meaningful access to employment and education services. KHSD prohibits discrimination, harassment
(including sexual harassment), intimidation, or bullying in any employment practice, education program, or educational activity on the basis andlor association with a person or group
with one or more of these actual or perceived characteristics of age, ancestry, color, ethnic group identification, gender, gender Identity or expression, genetic information, immigration
status, marital status, medical information, national origin, physical or mental disability, parental status, political affiliation, pregnancy and related conditions, race, religion, retaliation,
sex, sexual orientation, military or veterans status, homelessness, foster status, or any other basis prohibited by California stale and federal nondiscrimination laws consistent with
Education Code 200 and 220, Government Code 11135, and Title IX. If you believe you have been subjected to discdminallon, harassment (including sexual harassment), intimidation,
policy and Nondiscrimination policy are
upon request.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern ) ss.
JULIE DRIMAKIS, 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 6th day of August, 2021 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Resolution of Intention No. 2107 passed by
the Bakersfield City Council at a meeting held on the 4th day of August, 2021 and
entitled:
A RESOLUTION DECLARING INTENTION TO FORM A TRAFFIC SIGNAL
MAINTENANCE DISTRICT TO BE DESIGNATED AS TS -30 (1750 EAST 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.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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