HomeMy WebLinkAboutROI NO 1727RESOLUTION OF INTENTION NO. 1727
A RESOLUTION DECLARING INTENTION TO FORM A
TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE
DESIGNATED AS TS -22 (2615 -2700 CHESTER AVENUE),
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
form 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-
22 (2615 -2700 Chester Avenue). Said area is generally described in Exhibit "C"
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 "l ", containing the following:
(a) a description of the boundary of the new territory,
attached hereto as Exhibit "A ",
(b) a map and assessment diagram of the new territory,
attached hereto as Exhibit "B ";
(c) the benefit formula set forth as Exhibit "C ";
(d) a budget, Exhibit "D," containing the matters specified in
Section 13.04,130 of the Bakersfield Municipal Code;
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(e) the amount of assessment to be levied against each
parcel, attached hereto as Exhibit "E "; and
(f) Correspondence from the
creation of a traffic signal
hereto as Exhibit 7 ";
property owner(s) requesting
maintenance district attached
WHEREAS, the City of Bakersfield has received a letter from the
owner(s) of the property 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.
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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 SEP 2 6 2012 , by the following vote:
AY COUNCILMEMBER SALAS, BENHAM, WEIR, I, HA SN ON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER
A N: COUNCILMEMBER
AB COUNCILMEN
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: SEP 2 6 2
HARVEY L. HAU
MAYOR of the City of Bakersfie
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorn
By:
ANDREW HEGLUND
Deputy City Attorney
Attachments: Exhibit "'I" Exhibit "D"
Exhibit "A" Exhibit "E"
Exhibit "B" Exhibit "F"
Exhibit "C"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
FORMATION OF TRAFFIC SIGNAL MAINTENANCE DISTRICT DESIGNATED
AS TS -22 (2615 -2700 CHESTER AVENUE)
Fiscal Year 2012 - 2013
Formation of Traffic Signal Maintenance District, as shown in Exhibit "E" is generally
described as 2615 -2700 Chester Avenue 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 2010 -2011 Budget and Assessment Roll as set forth in Exhibit "E" and Exhibit "F," 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. ROJAS
Director of Public Works
City of Bakersfield
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EXHIR_IT 1
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LEGAL DESCRIPTION
Area TS -22
An area located in Section 19, Township 29, Range 28 M.D.B. & M., more particularly
described as follows:
2615 -2700 Chester Avenue Bakersfield California
Containing: 6.765015 Acres, more or less.
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EXHIBIT jk o
ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FORM A (AREA TS - 22) AS A TRAFFIC
SIGNAL MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
L LJ L
TSMD 22
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NOT TO SCALE EXHIBIT "B" r) GI
Fk.E; TS —22 SHEET Poi t
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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
Rate:
Each parcel shall be assessed a percentage of the total operating and maintenance costs.
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.
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EXHIBIT � o cy
ORIGINAL
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -22
Said assessment is made in accordance with the benefit formula attached hereto.
2012 -2013
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 o
ORIGINAL
TRAFFIC SIGNAL MAINTENANCE DISTRICT AREA TS -22
ASSESSMENT ROLL
FISCAL YEAR 2012 -2013
Assessor's Tax No. Total amount to
be collected for
FY (2012 -2013)
002 - 141 -14
$0.00
002 - 161 -01
$0.00
002 - 161 -02
$0.00
002 - 161 -08
$0.00
002 - 161 -09
$0.00
002 - 131 -12
$0.00
002 - 132 -04
$0.00
002 - 132 -05
$0.00
002 - 132 -10
$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 E
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ORIGINAL
July 31, 2012
City of Bakersfield — Public Works Dept.
1501 Truxtun Ave.
Bakersfield, CA 93301
Attention: Marian P. Shaw
Reference: Inclusion of 2620, 2700 & 2615 Chester Ave.,
APN's: 002 - 141 -14 and 002- 161 -01, 02, 08 & 09 and 002 - 131 -12
and 002-132-04,05, & 10 in a Traffic Signal Maintenance
District (TSMD)
Dear Ms. Shaw:
We, the undersigned, as owners of the property located at 2620, 2700 &
2615 Chester Ave., APN's: 002 - 141 -14 and 002-161-01,02,08 & 09 and 002- 131 -12
and 002-132-04,05, & 10, hereby request that the property be included within the
TSMD. This request is in accordance with the requirements of Bakersfield
Municipal Code Section 13.04.021. Enclosed is a check for $1,842.00 as required
by the City to cover the costs of this inclusion into the TSMD. If requested, our
engineer will supply you with a computer disk copy of the map for your use.
We understand that under Proposition 218 and Government Code Section
53753 ( 'applicable law "), a City Council hearing will be held for purposes of
including the above property within the TSMD and determining the amount of
assessments. We hereby waive our right to have a hearing within the time
parameters set forth in the applicable law. We further understand that the
hearing is scheduled for 20_ at 5:15 in the Council Chamber
located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right
to further notice of that hearing.
Respectfully,
San Joaquin Community Hospital,
a California Not for Profit Corporation
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By: Will am Brent Soper, CFO
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EXHOMINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 28th_ day of September. 2012 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention
No. 1727 passed by the Bakersfield City Council at a meeting held on the 26th day of
September, 2012 and entitled:
A RESOLUTION DECLARING INTENTION TO FORM A TRAFFIC
SIGNAL MAINTENANCE DISTRICT TO BE DESIGNATED AS TS -22
(2615 -2700 CHESTER AVENUE), 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).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP City lerk
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