HomeMy WebLinkAboutROI NO 1607RESOLUTION OF INTENTION NO. 1607
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA TS-16 (WHITE LANE, BUENA VISTA
ROAD SE), TO THE TRAFFIC SIGNAL MAINTENANCE
DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTORS
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 5)
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 include
the property within the 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 addition of territory to
the Traffic Signal Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield
to add territory, Area TS-16, to the Traffic Signal Maintenance District, said area is
generally described in Exhibit "A" attached hereto, to maintain and operate the local
improvements including a public park and public street landscaping; 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 additional territory, attached
hereto as Exhibit "A"; and
(b) a map and assessment diagram of the additional territory, attached
hereto as Exhibit "B"; and
(c) the benefit formula set forth as Exhibit "C"; and
(d) a budget, Exhibit "D," containing the matters specified in Section
13.04.130 of the Bakersfield Municipal Code; and
(e) the amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E"; and o~gAKF9s
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WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Exhibit "A," 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 the Traffic Signal
Maintenance District; and
WHEREAS, said property owner has returned his assessment ballot
indicating his support of the proposed assessments and inclusion in the 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 "6", entitled "Map and
Assessment Diagram for Addition of Territory, to the Traffic Signal Maintenance District,
Bakersfield, California," which map indicates by a boundary line the extent of the
territory to be added to 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 Street
Landscape and Park Zones 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 of the City of Bakersfield at a regular meeting thereof held on
AUG 2 0 ~n08 , by the following vote:
AYE COUNCILMEMBER CARSON
ES: ,
COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: _
COUNCILMEMBER n~xp_
BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
fts5~. CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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APPROVED: AUG 2 0 X001
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA TS-16
Fiscal Year 2008-2009
Addition of territory, as shown in Exhibit "E" to the Traffic Signal
Maintenance District is generally described as the SE corner of White Lane & Buena
Vista Road or APN 394-010-01 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 public park
and public street medians and other public street landscaping. The improvements
generally include, but are not limited to, recreation and sports equipment including
swings, slides, play structures and storage buildings; picnic facilities including tables,
benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system
including water mains, sprinklers, fountains, and electrical wires, conduits and timers;
plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways
now existing or hereafter to be constructed or planted in and for said area and are of a
public nature. The assessment includes the cost of necessary repairs, replacement,
water, 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.
For many years, public parks, public streets median and other public
street landscaping improvements in the City were maintained through traditional tax
revenues. After Proposition 13, in 1978, funds available for maintenance and operation
of parks, street median and other street landscaping improvements were substantially
reduced. At present, the City's budget does not allow for maintenance and operation of
park and street landscaping improvements of the type described above. Thus, without
funds for maintenance and operating costs from a source other than general tax
revenues, the City does not permit new public parks, street median and other street
landscaping improvements to be constructed within the City.
Additional territory, as shown in Exhibit "E" is being added to the Traffic
Signal Maintenance District for the maintenance of a park and public street median and
other street landscaping. The area will be assigned appropriate park and street tiers in
EXHIBIT "1"
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the Traffic Signal Maintenance District so that each parcel will be assessed the same
amount as other parcels receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed
that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is
defined in Exhibit "C") per parcel. 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
park and/or street landscaping have been installed. When park and/or street landscape
improvements have been completed, the appropriate park and street tier levels 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 area will consist of residential and non-residential use, thus all parcels
within the area will be affected. Sensory benefits from installing street landscaping are
aesthetic enhancement and open space enjoyment.
A public park will benefit all the
street landscaping will benefit all the lots o
Equivalent Dwelling Unit basis throughout the
herein as Exhibit "C" and attached hereto and
fully set forth herein.
residential lots and public median and
parcels and will be assessed on an
area. The Benefit Formula is set forth
incorporated in this resolution as though
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 2008-2009 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: ~ ~ ~'
RAUL M. OJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area TS-16 (White Lane, Buena Vista Road SE)
An area located in Section 18, Township 30, Range 27 M.D.B. & M., more particularly
described as follows:
Parcel Map 11861
Bakersfield California
Containing: 10.8 Acres, more or less.
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EXHIBIT "A`~'
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA TS-16) AS A
TRAFFIC SIGNAL DISTRICT
BAKERSFIELD, CALIFORNIA
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TRAFFIC SIGNAL MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated 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. Each parcel
will be assessed based upon their gross parcel size. The percentage of the parcel size to the total
district parcels will represent the percentage of the total assessment apportioned. The maximum
assessment is stated on the Proposition 218 Ballot completed and signed with the formation of this
district.
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior
On January 12, 2005 the city passed Resolution 19-OS 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.
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EXHIBIT "C'~
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TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-16
Said assessment is made in accordance with the benefit formula attached hereto.
2008 - 2009
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
County Fees to Add Parcels to Tax Roll
$0.00
NET AMOUNT TO BE ASSESSED $0.00
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TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-16
ASSESSMENT ROLL
FISCAL YEAR 2008 - 2009
Assessor's Tax No. Total amount to
be collected for
FY (2008 - 2009)
394-010-01-008 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
Parcel Map 11861
COVENANT DISCLOSING INCLUSION IN TRAFFIC SIGNAL MAINTENANCE DISTRICT
THIS COVENANT is executed on Wednesday, August 06, 2008 by
Raymond Roselle ,Bakersfield, herein after referred to as ("Owner"), in
connection with the Traffic Signal Maintenance District, located in the City of Bakersfield, CA.
The real property herein described is located within a Traffic Signal Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of a convenient Traffic Signals within the district.
The appropriate maintenance amount will be adjusted annually, but will not exceed the amount originally
shown on the Proposition 218 ballot.
Although this property may have been assessed a lesser amount in the present tax year, the ultimate
estimated annual assessment for maintenance of a convenient traffic signal, is $3,000.00 per signal, based
on fiscal year 2005-2006 dollars and labor costs of the district. In each subsequent year, the maximum
annual assessments may increase by the cost of living reflected in the Los Angeles -Riverside -Orange
County /All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-
05.) This covenant may not be amended or modified without the prior approval of the City of
Bakersfield. This covenant shall run with the land.
Dated this Wednesday, August 06, 2008
Owner(s)/Developer(s):
Raymond Roselle, Partner, Mustang Square LLC
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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THIS SPACE FOR RECORDER'S USE ONLY
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
ss.
County of Kern )
PAMELA A. McCARTHY, 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 21ST day of AUGUST. 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1607,
passed by the Bakersfield City Council at a meeting held on the 20th day of AUGUST,
2008 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ADD TERRITORY, AREA TS-16 (WHITE LANE, BUENA VISTA ROAD
SE) TO THE TRAFFIC SIGNAL MAINTENANCE DISTRCT,
PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE
PUBLIC WORKS DIRECTORS REPORT, THE BOUNDARIES OF THE
ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA AND THE
AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH
PARCEL.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
ey: ~-
DEPUTY City Clerk
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