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HomeMy WebLinkAboutRES NO 076-02RESOLUTION NO. 076' 0 ~ A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. TS-8 (CALLOWAY, HAGEMAN NE), CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1270, adopted May 8, 2002, declared its intention to order the establishment of a maintenance district, preliminarily adopted, confirmed and approved the Public Works Director's Report, the boundaries of the proposed district, the fairness of the benefit formula, the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces or private contractor. Said District shall be designated Maintenance District No. TS-8 (Calloway, Hageman NE), as shown and designated on that certain map entitled Map and Assessment Diagram for Traffic Signal Maintenance District No. TS-8, Bakersfield, California, 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 owner of the property within Maintenance District No. TS-8 (Calloway, Hageman NE), 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 a maintenance district. The owner also has submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the assessments; and WHEREAS, on September 28, 1994 the City Council approved Resolution 161-94 which provides for the collection of maintenance and operating costs for future "convenience" traffic signals through maintenance districts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby establishes Maintenance District No. TS-8 (Calloway, Hageman NE), and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit "1" and incorporated herein by reference) including the amounts of -1- assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A" and "B" describe Maintenance District No. TS-8 (Calloway, Hageman NE). 4. The assessment for Maintenance District No. TS-8 (Calloway, Hageman NE), shall not exceed $3,000 per year. The assessment for the 2001-2002 fiscal year shall be zero. The benefit formula (Exhibit "C"), the budget (Exhibit "D"), and the assessment roll (Exhibit "E") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect assessments for Maintenance District TS-8 (Calloway, Hageman NE). 6. Beginning in the 2002-2003 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. 8. The establishment of this maintenance district complies with Proposition 218. .......... 000 .......... -2- ~h~iGINAk 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 ~A'~' 9. ~ Z@rjZ , by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER I'~ ABSENT: COUNCILMEMBER [~.-1~., .~ COUNCIL MEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ CITY CLERK and Ex Officig//~lerk of the Council of the City of Bakersfield MAY 2 2 2002 APPROVED: APPROVED as to form: BART J. THILTGEN City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S:\PROJECTS\MAINDIST~TRAFSIG\Estab\TS-8reO2.WPD -3- 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 puli 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: Director of Public Works City of Bakersfield S:\PROJECTS\MAINDIST\TRAFSIG\Roi\TS-SRi02.WPD -2- GRiGINA[ 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:\PRO J ECTS\MAI N DIST\TRAFSIG\Legals\TS-8.wpd EXHIBIT "A" ~RIGINA~ MAP AND ASSESSMENT DIAGRAM FOR TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-8 (CALLOWAY, HAGEMAN NE) ~ BAKERSFIELD, CALIFORNIA NOT TO SCA[J[ PARCEL I :3UNDARY PARCEL 6 PARCEL 4 S~'41'15 PARCEL HAGEMAN OAY BY ExHIBi~B' 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. S:\PROJ ECTS\MAIN DIST\TRAFSIG\Formulas\TS-8.wpd EXHIBIT"C" ~ ~RtGINAL 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 S:IPROJECTSIMAiNDIS~TRAFSIG\EXHIBITSITS-SD02 :..~XHIBIT "~' EXHIBIT E ASSESSMENT ROLL MAINTENANCE DISTRICT NO. TS-8 (Calloway, HagemanNE) 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo $o.oo Total Date: $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:/PROJECTS\MAIN DISI~TRAFSIGIEXHIBITS/TS-SE02 EXHIBIT "E"