HomeMy WebLinkAboutRES NO 215-08RESOLUTION NO. 2 ~~ ~ ~ $
A RESOLUTION FORMING A TRAFFIC SIGNAL
MAINTENANCE DISTRICT DESIGNATED AS TS-18 (NW
CORNER OF S. H ST. & BERKSHIRE RD.), ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE
DISTRICT, THE FAIRNESS OF THE BENEFIT FORMULA,
AND THE AMOUNT OF THE ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL. (WARD 7)
WHEREAS, the Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1626 declared its intention to form a Traffic
Signal Maintenance District, preliminarily confirmed and approved the Public Works
Director's Report, the boundaries of the proposed maintenance district, the fairness of
the benefit formula and the amount of assessment to be levied against each parcel.
Said maintenance district shall be designated TS-18, as shown and designated on that
certain map entitled "Map and Assessment Diagram for Addition of Territory, Area TS-
18, as a Traffic Signal District, Bakersfield, California," 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 maintenance district which waves 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 Traffic Signal Maintenance
District. The owner also has submitted a Proposition 218 Ballot (Official Assessment
Ballot) indicating his 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 Traffic Signal Maintenance District designated as
TS-18 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 Traffic Signal Maintenance District.
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-Riverside-Orange County/All Urban
Consumers Consumer Price Index. However, parcels will not be assessed until
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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") and assessment roll (Exhibit "E") are attached
hereto.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 2008 - 2009 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.
-000-
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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
pE~ 1 7 200 , by the following vote:
ES: COUNCILMEMBER CARSON BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
S: COUNCILMEMBER rrL~t~Q._~
ABSTAIN: COUNCILMEMBER I/l.f~Kl?
ABSENT: COUNCILMEMBER 1/L.~JYIQ
/9ss~~ CITY CLERK and Ex Offi I Clerk of the
Council of the City of Bakersfield
APPROVED: ~~ 1 7.200
HARVEY L. HALL
MAYOR of the City of Bakersfield
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"
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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 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 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" o~~AKF9s
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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 Rotl 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: ~1~~~~~
RAUL .ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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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.
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
tAREA TS - 18) AS A
TRAFFIC SIGNAL DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE EXHIBIT ~~*
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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 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.
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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
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
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EXHIBIT "t~`~ `~=`
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TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-18
ASSESSMENT ROLL
FISCAL YEAR 2008 - 2009
Assessor's Tax No.
Total amount to
be collected for
FY (2008 - 2009)
51501024006
51501035008
Total
Date:
$0.00
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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