RESOLUTION NO. ________________________
A RESOLUTION FORMING A TRAFFIC SIGNAL
MAINTENANCE DISTRICT TO BE DESIGNATED AS TS-31
(PARCEL MAP 12514), ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR’S REPORT, THE
BOUNDARIES OF THE NEW MAINTENANCE DISTRICT, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT
OF THE ASSESSMENT TO BE LEVIED AGAINST EACH
PARCEL. (WARD 5)
WHEREAS, the Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2223 declared its intention to form a Traffic Signal Maintenance District (TSMD), preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area TS-31, as shown and designated on that certain map entitled “Map and Assessment Diagram for the formation of TSMD TS-31 (Parcel Map 12514) 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 proposed maintenance district 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 the inclusion in a TSMD. The owner(s) have also submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating their 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 TSMD designated as TS-31 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 TSMD.
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-Long Beach-Anaheim/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until 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"), assessment roll (Exhibit "E"), and letter from the property owner(s) requesting inclusion in the TSMD (Exhibit “H”) are attached hereto.
5. The Kern County Tax Collector is hereby authorized to collect such assessments.
6. Beginning in the 2024-2025 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.
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
APPROVED: _______________________________
___________________________________
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: __________________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney
Attachments: Exhibit “1” Exhibit “D”
Exhibit “A” Exhibit “E”
Exhibit “B” Exhibit “F”
Exhibit “C”