HomeMy WebLinkAboutROI NO 1626RESOLUTION OF INTENTION NO. 1626
A RESOLUTION DECLARING INTENTION TO FORM A
TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE
DESIGNATED AS TS-18 (NW CORNER OF S. H ST. &
BERKSHIRE RD.), 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 7)
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 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 addition of territory
to the Consolidated 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-18 (NW corner of
S. H St. & Berkshire Rd.). 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 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
~~~~
-,
,.
-~,
WHEREAS, the City of Bakersfield has received a letter from the owner(s)
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 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 inclusion in the
Consolidated 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-
Riverside-Orange County/All Urban Consumers Consumer Price Index.
-000-
2
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
NOV 1 9,2008 , byth~e fo~ll~owing vote: ~ ~
YES:. COUNCILMEMBER CARSON, BENHAM, WEIR, COl7CH, HAN50N, SULLIVAN, SCRIVNER
COUNCILMEMBER !~-tTV~~
ABSTAIN: COUNCILMEMBER N.QI`rt_
ABSENT: COUNCILMEMBER Ytrr,tip _
CITY CLERK and Ex Officio Jerk of the
Council of the City of Bakers field
APPROVED:
HARVEY L. HALL
MAYOR of the City of Baker eld
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ~ .
Robert M. Sherfy
Deputy City Attorney
Attachments:
Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
3
~',',
,,
r
r~
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED AS
TS-18 (NW CORNER OF S. H ST. & BERKSHIRE RD.)
Fiscal Year 2008 - 2009
Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is
generally described as Lot Line Adjustment #06-0929 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 atl 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.
EXHIBIT "1"
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 ~OJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1 "
~~~~~_
~.
,~,
LEGAL DESCRIPTION
Area TS-18
An area located in Section 25, Township 30, Range 27 M.D.B. & M., more particularly
described as follows:
Lot Line Adjustment #06-0929
Street Address Bakersfield California
Containing: 41.69 Acres, more or less.
EXHIBIT "A" 4~,~''~.~:,
<_ ,
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA TS -18) AS A
TRAFFIC SIGNAL DISTRICT
BAKERSFIELD, CALIFORNIA
~.a 4 `~, ,i,.i. i ~ i i ~ i ~ .I. 1 1 1 1 1 1 1 1 1 1 ~ I 1 1 1 1
_ MABtfELE#iA AVM 1-1_ I i
m ~ _ ~ `,. _ _ .. _..
~Y~ee- ~ tit ~ ~ ~ i
O w
~ tY ~ ~ ~-
~~ Z r ~._._..~_~. _.
E f{ l ~~
_.-
i
}i 1 ,~.
'~ ~
~ ~.
~ ~ `~
ti~
~,
~ ~.
i( .~J
~~
f `~
1 tt y~'~
t ~ W
ly D
t
~~
NOT TO SCALE EXHIBIT AB"
FLE: TS -1B SIfEET ,~d,
TRAFFIC SIGNAL MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Traffic Signal 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
to Proposition 218 have been frozen at their current rate.
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.
EXHIBIT "C" , ~~,
~;
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-18
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
EXHIBIT "D~'
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-18
Assessor's Tax No.
51501024006
51501035008
Total
Date:
ASSESSMENT ROLL
FISCAL YEAR 2008 - 2009
Total amount to
be collected for
FY (2008 - 2009)
$0.00
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E~'~
,,
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 20TH day of NOVEMBER, 2008 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1626,
passed by the Bakersfield City Council at a meeting held on the 19TH day of
NOVEMBER, 2008 and entitled:
A RESOLUTION DECLARING THE INTENTION TO FORM A TRAFFIC
SIGNAL MAINTENANCE DISTRICT TO BE DESIGNATED AS TS-18
(NW CORNER OF S H STREET & BERKSHIRE ROAD),
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
By:
DEPUTY City Clerk
S:\DOCUMENT\FORMS~AOP.ROI.wpd
p;r'~Il~
r' ..
",
_, n,
,.
r-- r~'
t_,
c~~~~~~~r~ar~.~.