RESOLUTION OF INTENTION
NO. 2223
A RESOLUTION DECLARING INTENTION TO FORM A
TRAFFIC SIGNAL MAINTENANCE DISTRICT TO BE
DESIGNATED AS TS-31 (PARCEL MAP 12514),
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 5)
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-31 (Parcel Map 12514). 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 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;
(
e) t he amount of assessment to be levied against each parcel, attached hereto as Exhibit “E”; and
(
f) The recorded covenant disclosing inclusion in traffic signal maintenance district, attached hereto as Exhibit “F”;
(
g) The proposition 218 ballot signed by the property owner, attached hereto as Exhibit “G”;
(
h) correspondence from the property owner(s) requesting creation of a traffic signal maintenance district attached hereto as Exhibit“H”;
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property which waives 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 format ion of a Traffic Signal Maintenance District.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows:
1. T
he foregoing recitals are true and correct and are incorporated herein.
2. T
he 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 sa id 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 Territor y 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. E
ach 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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I
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 ______________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER ______________________________________________________________ _ ___
_____________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPR
OVED: _________________
B
y __________________________
KAREN GOH
Mayor
A
dditional signatures on next page
APPR
OVED AS TO FORM:
V
IRGINIA GENNARO, CITY ATTORNEY
B
y: _________________________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit “1” Exhibit “D” Exhibit "H"
Exhibit “A” Exhibit “E”
Exhibit “B” Exhibit “F”
Exhibit “C” Exhibit "G"