HomeMy WebLinkAboutRES NO 150-2021 RESOLUTION NO. 15 U - 2 02 1
A RESOLUTION FORMING A TRAFFIC SIGNAL
MAINTENANCE DISTRICT TO BE DESIGNATED AS TS-30
(1750 EAST PANAMA LANE), 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 1)
WHEREAS, the Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 2107 declared its intention to form a
Traffic Signal Maintenance District (TSMD), preliminarily confirmed and approved
the Public Works Directors 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-30, as shown
and designated on that certain map entitled "Map and Assessment Diagram for
the formation of TSMD TS-30 (1750 East Panama Lane) 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-30 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.
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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-Long Beach-
Anaheim/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 2021-2022 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/orae was
passed and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on AUG 18 2021
vote: by the following
/ /
COUNCILMEMBER ARIA,OONZALES. WEIR,SMITH,FREEMAN, PARKER
NOES: COUNCILMEMBER Nv i
ABSTAIN: COUNCILMEMBER Ilip�p_
SEN COUNCILMEMBER �i eaq
LIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: AUG 18 2021
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOS ARUDNICK
De uty City Attorney
Attachments: Exhibit "1" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C"
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ORIGNAL
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: �t 202
STUART PATTESON
Acting Director of Public Works
City of Bakersfield
EXHot�1kF9�
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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
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f
MAP AND ASSESSMENT DIAGRAM
FORM A (AREA TS - 30) AS A TRAFFIC
SIGNAL MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO sane
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
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Or.IGNAL
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-30
Said assessment is made in accordance with the beneff formula attached hereto.
2021-2022
BUDGET
Gross Budget Amount Required $0 W
Pfy Staff Services or contract, Supplies. Materials and Utilities)
County Fees to Add Parcels to Tax Roll $0 DO
NET AMOUNT TO BE ASSESSED $000
EXHIBIT,OAK49
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OF:�C AL
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 Saw
Total
$0.00
EXHIBIA�
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��SCHOpl
KERN HIGH SCHOOL DISTRICT
wBOARD OF TRUSTEES
i y Jeff Flores. President
J. Bryan Batey, Vice President Cynthia Brakeman, Clerk
Janice Grave., Clerk Pro Tem David Manriquez,Member
v BRYON J. SCHAEFER, Ed.D., SUPERINTENDENT
5807 SUNDALE AVENUE BAKERSFIELD CALIFORNIA 93309-2924 881 827.3100 FAX: B61 827-3308 I
Michael Zulra. Eao.
numwe suparmum4nl 9uarese
May 19,2021
City of Bakersfield- Public Works Department
Attn: Manpre st Behl
1600 Tmxtun Avenue
Bakersfield, California 93301
Dear Mr. Behl:
RE: Inclusion of ATN tio.414210-03-00-7 in a Traffic Signal Maintenance District(TSMD)
We,the undersiymed,as Owners of the property included within AIN 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$910.0 as required by the City to cover the costs of this inclusion
into the TSMD. If requested,our engineer wit 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 Tmxtun Ave- Bakersfield,CA 93301. We hereby waive our right to further notice of that hearing.
Respectfully,
i
Michael ZMlfa, E .D. II
Associate Superintendent, Business
Kem High School District
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