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Home My WebLink AboutRES NO 039-09RESOLUTION NO. 0 3 9 O 9 A RESOLUTION FORMING A TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED AS TS-20 (SO H, PANAMA SE), 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. 1631 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-20, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area TS- 20, 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-20 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 `gAK~c~ ~ m Page 1 of 3 v ORIGINAL 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- `gAKF9 osue, F-- m Page 2 of 3 U ° ORIGINAL 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 APR 0 1 2008 , by the following vote: AYE ~ COUNCILMEMBER CARSON, BEI AM, WEAR, HANSON, SULLIVN, SCRIVNER S: COUNCILMEMBER w_ ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER A ID U _CA, CITY CLERK and Ex Officio CIE~r}~ of the Council of the City of Bakersfielo APPROVED: _ APR 0 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: 4t,0 7Z ROBERT M. SHERFY Deputy City Attorney Attachments: Exhibit "1" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" Page 3 of 3 `gAKF9 Q' cP,r i-- m U p ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED AS TS-20 (So H, Panama SE) Fiscal Year 2008 - 2009 Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is generally described as ATN 516-010-01-00-6 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: /_1 RA /LM'ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 0 OPKc~,9~ m r V O ORIGINAL Exhibit "A" LEGAL DESCRIPTION Area TS-20 An area located in Section 30A, Township 30, Range 28 M.D.B. & M., more particularly described as follows: Parcel Map 11816 Lot Line Adjustment #263 Lot A / Berkshire Farm Tract Block 7 & 8 Bakersfield California Containing: 12.54 Acres, more or less. EXHIBIT "AR ORIGINAL MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA TS - 20) AS A TRAFFIC SIGNAL DISTRICT BAKERSFIELD, CALIFORNIA j t, NOT TO SCALE 11 4K AWNSR K 7 z PANAW tX ! Y Avt= TS-20 - l StAP-E AVM AVE tic: TS -20 `OAkF„ o .,QRJGINf L 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 19-05 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. ~gAKF O 9cP~ - m EXHIBIT "C 0fi UINAk TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-20 Said assessment is made in accordance with the benefit formula attached hereto. 2009-2010 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 ~gAK~c9 EXHIBIT " U C` ORIGINAL TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS-20 ASSESSMENT ROLL FISCAL YEAR 2009-2010 Assessor's Tax No. Total amount to be collected for FY (2009-2010) 516-010-01-00-6 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT `gAKF~ Q), k~, n~~ m r Q ORIGINAL 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 LAND DIVISION IN PROGRESS: Parcel Man Waiver 07-2035 THIS SPACE FOR RECORDER'S USE ONLY COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on Wednesday, March 11, 2009 by George Molayem , Bakersfield, herein after referred to as ("Owner"), in connection with the Consolidated Maintenance, District, located in the City,of Bakersfield, CA. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of way within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Department. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of a public park and public landscaping based on full build out of this district, is $146.70 per equivalent dwelling unit, based on fiscal year 2005-2006 dollars and labor costs of the 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. (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, March 11, 2009 Owner(s)/Developer(s): City of Bakersfield: Raul M. Rojas, Public Works Director George Molayem, Owner NOTE: All owner(s)/developer(s) signatures must be notarized. gAKkfi9 Q)` J~ y M U r- O ORIGINAL