HomeMy WebLinkAboutROI NO 1270RESOLUTION OF INTENTION NO. 1270
A RESOLUTION DECLARING INTENTION TO ESTABLISH
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-8,
(CALLOWAY, HAGEMAN NE) PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE
PROPOSED DISTRICT, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL.
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 owner has requested a traffic signal on Calloway Drive north of
Hageman Road at the entrance to his proposed development; and
WHEREAS, said traffic signal is not required by the Traffic Authority and is
therefore considered a "convenience" traffic signal; and
WHEREAS, City Council Resolution No. 161-94 provides for the collection of
maintenance and operating costs for "convenience" traffic signals, to be paid for by properties
benefitting from such signals, through maintenance districts; and
WHEREAS, the owner has requested the City Council to establish a maintenance
district in accordance with the procedures established therefor by Chapter 13.04 of Title 13 of
the Municipal Code of the City of Bakersfield and the Public Works Director recommends such
formation; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to order
the establishment of a maintenance district, which district shall be designated Maintenance
District No. TS-8, (Calloway, Hageman NE), generally described in Exhibit "A" attached hereto,
to maintain and operate the local improvements including a 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 property in the proposed maintenance district, attached
hereto as Exhibit '~A" and incorporated as though fully set forth;
(b)
the improvements to be maintained by this district specifically is a traffic
signal adjacent to the property within the boundaries as shown on Map
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and Assessment Diagram for Traffic Signal Maintenance District No. TS-8
(Calloway, Hageman NE), Exhibit "B", on file in the offices of the City
Clerk and Public Works Director of the City. All such improvements will
be constructed only after plans therefore have been filed with and
approved by the City Engineer;
(c) the Benefit Formula set forth as Exhibit "C";
(d)
a Budget, Exhibit "D," containing the matters specified in Section
13.04.120 of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each parcel (not to exceed
$3,000 per parcel), attached hereto as Exhibit "E" and incorporated as
though fully set forth; and
WHEREAS, the City of Bakersfield has received a letter from the owner which
waives any and all hearings (whether pursuant to the Brown Act, Proposition 218, its enabling
legislation, the Bakersfield Municipal Code, or any other law) concerning the formation of and
assessments for a traffic signal maintenance district. The owner has submitted a Proposition
218 Ballot (Official Assessment Ballot) indicating his consent to the assessments.
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 district benefitting from said local improvements; that the expense of
maintaining and operating said improvements is hereby made assessable upon said district;
and that the exterior boundaries of said district are hereby specified and described to be as
shown on that certain map now on file in the Office of the City Clerk of the City of Bakersfield
and in the Office of the Public Works Director, marked Exhibit "B", attached hereto and
incorporated in this resolution as though fully set forth herein, entitled "Map and Assessment
Diagram for Traffic Signal Maintenance District No. TS-8, (Calloway, Hageman NE)
Bakersfield, California," for Fiscal Year 2001-2002, which map indicates by a boundary line the
extent of the territory included in said proposed district and shall govern for all details as to the
extent of the maintenance district.
3. The City Council hereby reserves the right to perform the work of maintenance
and operation of the public improvements by City forces, such determination and election to
be made for each year at the time the budget and assessment is approved for the year in
question.
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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
M/~Y R ?~f17 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULL;';A~, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio ~;~erk of the
Council of the City of Bakersfield
APPROVED MAY 8 2002
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
S:\PROJ\MD\TRAFSIG\Roi\TS-SROI
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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ORIGIN,~
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-8
(CALLOWAY, HAGEMAN NE)
Fiscal Year 2001-2002
City of Bakersfield, Maintenance District No. TS-8 (Calloway, Hageman NE),
is generally described as a district bounded by a line 1/4 mile north of Hageman Road on
the north, Drakes Passage Way on the east, Hageman Raod on the south and Calloway
Drive on the west and as specifically shown on Map and Assessment Diagram marked
Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth,
as a district 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 district for the cost of maintaining and operating a traffic
signal located on Calloway Drive, north of Hageman Road, at the entrance to the shopping
center. The assessment includes the cost to operate, maintain, repair and replace signal
poles, mast arms, signal heads, controller, cabinet, machine vision detection system, street
light luminaires, conduits, wires and pull boxes, energy costs, supervision and any and all
other items necessary for the proper maintenance and operation thereof.
Developers often request permission to install traffic signals on major streets
to enhance access to their development. These "convenience" traffic signals are not
required by the Traffic Authority to regulate traffic flow, but are installed solely at the
discretion of the developer. Such signals do not provide a general public traffic benefit.
Under the "user pay" concept, the private property deriving benefits should
bear the costs of maintenance and operation of convenience traffic signals. On September
28, 1994 the City Council approved Resolution 161-94 instituting the collection of
maintenance and operating costs for future convenience traffic signals through
maintenance districts.
The traffic signal that will be operated and maintained under the proposed
maintenance district will benefit the shopping center at the northeast corner of Hageman
Road and Calloway Drive. Each parcel will be assessed a proportional share of the cost
of maintaining and operating the traffic signal. The benefit formula is set forth herein as
Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth
herein. The estimated annual cost for maintenance and operation of the traffic signal shall
- 1 - EXHIBIT "1"
not exceed $3,000. All parcels within this district will have a zero assessment for the 2001 -
2002 fiscal year. Any costs incurred in the 2001-2002 fiscal year will be carried over to the
2002-2003 fiscal year.
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 2001-2002 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 Maintenance District No. TS-8,
(Calloway, Hageman NE), subject to be assessed to pay the cost of maintenance and
operation in said district.
Dated:
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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MAINTENANCE DISTRICT TS-8
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 17, T 29 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Parcel Map No. 10730, recorded March 16, 2001 in Book 51, Page 144 of Maps in
the office of the Kern County Recorder.
S:\PROJ E CTS\MAI N DIST~TRAFSIG\Legals\TS-8.wpd
EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR TRAFFIC SIGNAL
MAINTENANCE DISTRICT TS-8
(CALLOWAY, HAGEMAN NE) j
BAKERSFIELD, CALIFORNIA
NOT TO SCALE
244.95'
PARCEL
PARCEL 6
PARCEL 5
PARCEL 4 PARCEL
~HAGEMAN ~i ~i
eY
MAINTENANCE DISTRICT TS-8
(Calloway, Hageman NE)
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed a percentage of the total operating and maintenance cost
proportional to the trips generated by that parcel, adjusted for prior year fund balance or
deficit.
The amount to be assessed to each parcel is calculated as follows:
(1) Calculate the total number of trips generated by each building using the City
Average Daily Trips (ADT) rates.
(2) Add the total number of trips (1) of all buildings in each parcel.
(3) Add the total number of trips (2) of all buildings in all parcels.
(4) Divide the total number of trips of each parcel (2) by the total number of trips in all
parcels (3). This is the proportionate share of the total assessment for each
parcel.
(5) Multiply the result of (4) times the total cost of the district for each parcel. This is
the amount to be assessed to each parcel.
Assessment amounts could vary substantially during the initial development within the
district. Since only the developed parcels will generate traffic using the signalized
intersection, those parcels will be responsible for the entire cost. The maximum yearly
assessment for all property within Traffic Signal Maintenance District No. TS-8 (Calloway,
Hageman NE) shall not exceed $3,000. None of the parcels will be assessed in 2001-2002
since the signals were not in operation at the beginning of the fiscal year. Any costs
incurred in the 2001-2002 fiscal year will be carried over and added to the 2002-2003
costs.
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EXHIBIT"C"
EXHIBIT "D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
TS-8 (Calloway, Hageman NE)
Said assessment is made in accordance with the benefit formula attached hereto.
2001-2002
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$0.00
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EXHIBIT E
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-8
(Calloway, Hageman NE)
FISCAL YEAR 2001-2002
Assessor's Parcel No.
Total
Assessment
494-450-02-00-8
494-450-03-00-1
494-450-04-00-4
494-450-05-00-7
494-450-06-00-0
494-450-07-00-3
494-450-08-00-6
494-450-09-00-9
494-450-10-00-1
$0.00
$o.oo
$0.00
$o.oo
$o.oo
$0.00
$0.00
$o.oo
$0.00
Total
Date:
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, 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 9th day of May ,2002 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1270 .passed by the Bakersfield City Council at a meeting held on the
8th day of May 2002, and entitled:
A RESOLUTION DECLARING INTENTION TO ESTABLISH
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS08,
(CALLOWAY, HAGEMAN NE) PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE
PROPOSED DISTRICT, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
bepu-'ty City Clerk "~