HomeMy WebLinkAboutROI NO 1630RESOLUTION OF INTENTION NO. 1630
A RESOLUTION DECLARING INTENTION TO FORM A
TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE
DESIGNATED AS TS-19 (34T" ST, SAN DIMAS NE),
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. (WARD 2)
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 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-19 (34th St, San
Dimas NE). 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
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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 tine 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.
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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
FEB 1 1 2008 ~~ ~~, by,t~he following vote:
AYES: COUNCILMEMBER 6AR86M, BENH'l4M, WEIR, COUCH, NAPISAAI, SULLI AV N, SCRIVNER
NOES: COUNCILMEMBER N~.~_
ABSTAIN: COUNCILMEMBER Y1.011:2~
ABSENT: COUNCILMEMBER 'lrw~VS-OvL+hGM,~~
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CITY CLERK and Ex Offici Jerk of the
Council of the City of Bake field
APPROVED: FEB 1 1 2008
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-19
(34T" ST, SAN DIMAS NE)
Fiscal Year 2008 - 2009
Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is
generally described as ATN 12031010004 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.
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: ~/ Z `7~~~
RAUL M. J~JAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area TS-19
An area located in Section 19, Township 29, Range 28 M.D.B. & M., more particularly
described as follows:
ATN 12031010004
420-34th Street Bakersfield California
Containing: 17.72 Acres, more or less.
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EXHIB~tT "A" f-
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA TS -19) AS A
TRAFFIC SIGNAL DISTRICT
BAKERSFIELD, CALIFORNIA
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itt: TS-"~ 19 9HEFt t of 1
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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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EXHIBIT °G~'-~ ~~~:
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TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-19
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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EXHIBIT "D" t
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TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-19
ASSESSMENT ROLL
FISCAL YEAR 2008 - 2009
Assessor's Tax No. Total amount to
be collected for
FY (2008 - 2009)
434-010-37 $0.00
434-010-38 $0.00
437-010-20 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "~" ~~~~
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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
ATN 12031010004
COVENANT DISCLOSING INCLUSION IN TRAFFIC SIGNAL MAINTENANCE DISTRICT
THIS COVENANT is executed on Wednesday, January 14, 2009 by
Jon Van Boening
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 the Traffic Signal Maintenance District and may
be assessed on an ongoing, yearly basis for maintenance of a Convienent Traffic Signal in the public
rights-of way within the district. The assessment is imposed in accordance with California Proposition
218 with the Consent of the Majority Property Owner(s) as can be seen on the ballot cast and attached as
Exhibit 'A'.
Although this property may have been assessed a lesser amount in the present tax year, the ultimate
annual assessment for maintenance of a Traffic Signal (Each) based on full build out of this district, is
$3000.00 per Convienent Traffic Signal in the District, based on fiscal year 2008-2009 dollars and labor
costs of the district plus any county fees for adding the assessment to the tax roll. 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. (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, January 14, 2009
Owner(s)/Developer(s):
Jon Van Boening, President, Bakersfield Memorial Hospital
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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