HomeMy WebLinkAboutROI NO 1419
RESOLUTION OF INTENTION NO. 1419
A RESOLUTION DECLARING INTENTION TO ESTABLISH
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-12,
(PANAMA AND WIBLE SHOPPING CENTER)
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 one traffic signal on Panama Lane
between Wible Road and Castleford Street 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 benefiting 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 therefore 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-12, (Panama and Wible Shopping Center), generally described
in Exhibit "A" attached hereto, to maintain and operate the local improvements including the
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;
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(b) the improvements to be maintained by this district specifically the traffic
signal adjacent to the property within the boundaries as shown on Map
and Assessment Diagram for Traffic Signal Maintenance District No.
TS-12 (Panama and Wible Shopping Center), 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 signal per year), 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 benefiting 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-12, (Panama and Wible
Shopping Center) Bakersfield, California," for Fiscal Year 2005-2006, 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
NO\! 9 7n\\'1 , by the following vote:
~~
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON. BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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A:ssl, CITY CLERK and Ex f Icio Clerk of the
Council of the City of Bakersfield
APPROVED
NOV 9 Z005
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINA GENNARO
City Attorney
By: ~Î!2'~
S:\PROJECTS\MAINDISTlTRAFSIGlRoi\TS-12 ROI FY05-06.doc
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "c"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-12
(PANAMA AND WIBLE SHOPPING CENTER)
Fiscal Year 2005-2006
City of Bakersfield, Maintenance District No. TS-12 (Panama and Wible
Shopping Center), is generally described as a district bounded by Panama Lane on the
north, Wible Road on the east, a line approximately 940' west of Wible Road on the
west and a line approximately 660' south of Panama Lane on the south, 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
one traffic signal located on Panama Lane between Wible Road and Castleford Street
at the entrance to the shopping center. The assessment includes the cost to operate,
maintain, repair and replace signal poles, mast arms, signal heads, controllers,
cabinets, machine vision detection systems, 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 on Panama Lane between Wible
Road and Castleford Street. Each parcel will be assessed a proportional share of the
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cost of maintaining and operating the traffic signals. 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 each
traffic signal shall not exceed $3,000. All parcels within this district will have a zero
assessment for the 2005-2006 fiscal year. Any costs incurred in the 2005-2006 fiscal
year will be carried over to the 2006-2007 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 2005-2006 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-12,
(Panama and Wible Shopping Center), subject to be assessed to pay the cost of
maintenance and operation in said district.
Dated: kv,'</<o<,-
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RAUL M. ROJA
Director of Public Works
City of Bakersfield
S:\PROJ ECTS\MAI NDISTl TRAFSIG\Roi\TS-12_ROI_FY05-06.doc
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MAINTENANCE DISTRICT TS-12
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 26, T 30 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Lot A and Lot B of Lot Line Adjustment 03-1225 in the City of Bakersfield, County
of Kern, State of California, as per Certificate of Compliance number
0204038941, recorded February 23, 2004, in the office of the Kern County
Recorder.
S:\PROJECTS\MAI NDlsnTRAFSIG\Legals_ExhiCA \TS-12.doc
EXHIBIT "A"
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MAP AND ASSESSMENT DIAGRAM
FOR TRAFFIC SIGNAL
MAINTENANCE DISTRICT TS-12
(PANAMA AND WIBLE SHOPPING CENTER)
BAKERSFIELD, CALIFORNIA
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:1' I ---: It PANAMA LANEI N.E. OORN£R SECTION..%
+_ Q N' .. I 839.99'
ð 6.23 II
~ h____n___~! NEW SlI>IAL n
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~ QTY OF BAIŒRSFIElD STRŒT
...; RIGHT-or-WAY
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LOT A
LLA 03-1225 ,
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2.750 ACRES GROSS
APN: 515-032-29
LOT B
LLA 03-1225
N89'08'45"W
11.475 ACRES GROSS
APN: 515-032-30
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QTY OF BAKERSFIElD STREET
RIGHT-OF-WAY
N89'08'42"W
939.99'
DISTRICT BOl.INDARV
E. 1/4 CORNER SEC110N
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NOT TO SCALE
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flED .. Tt£ ŒFIŒ r:E lHE aTY Q£RK lMS _ DAY
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FlED FOR REC(R) THIS _ DAY Œ
2CL..... AT _ -----u... IN BOCK _ OF ASSESSNENT
DlS1JIIÇTS AT PAGE _ IN 'THE OFFIŒ OF 1ttE COUNTY
RECORDER OF THE COUNTY CF KERN. STATE OF CAI.JFORNIA.
aTY a.ERK OF THE CITY OF
"""""""', CAIEORNOA
BY
AN ASSESSMENT WAS L£\1ED BY 1HE CITY COUNCIL ON 1HE lOTS,
PIECES AND PARŒI..S OF I..AHD SH<*oI ON 1IfS ASSES:SWENT DIAGRAM,
SAID ;,SSESSMan WAS LE\1ED ON 11£ _ DAY Of
20....: SAIl ASSESSMENT OIAQRMI AND
THE ASSE:SSÐ4T Ra.L WERE R£COROED IN tHE 0FF1Œ CIF tHE
OEPNmIENT Of PUIIUC WORKS OF SAID QTY ON THE _ DAY
OF 10.-. R£F'ERENŒ IS WADE 10 THE
ASSESSMENT RCU. RECORDED IN THE OFFICE OF 'IHE DEPAR1MÐn OF
PUBLIC 'MJRI($ FOR 1HE EXACT AMOUNT OF EACH ASSESSMENT L£\1ED
AGAINST EACH PARCEl OF LAND SHOVIN ON THIS ASSESSMENT DIAGRAM.
I"'~~ W FITCH
COUNTY ASSESSOR-RECORDER
OIEF DEPUTY RECORDER
RECORDED IN 1HE OFFICE Of 1H[ DEPAR1NENT OF PUBUC WORKS
THIS_DAY OF 2tL..
DIREC'ItA ΠPUBUC WORKS
BNŒRSFIEI.O. CAUFCONA
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EXHIBIT "B" ~
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CITY a.ERK Of THE CITY OF
BAIŒRSfIEL.I), CAl.If'ORNIA
MAINTENANCE DISTRICT TS-12
(Panama and Wible Shopping Center)
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-12
(Panama and Wible Shopping Center) shall not exceed $3,000 per traffic signal.
S :\PROJECTS\MAI NDISTI TRAFSIGlFormulas_Exhib_ C\ TS-12.doc
EXHIBIT "C"
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EXHIBIT "D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
TS-12 (Panama and Wible Shopping Center)
Said assessment is made in accordance with the benefit formula attached hereto.
2005-2006
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
S:\PROJ ECTS\MAI NO I ST\ T RAFSIG\EXH I BITS\ T8-120 .. 05-06
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$0.00
$0.00
$0.00
$0.00
EXHIBIT "D"
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EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-12
(Panama and Wible Shopping Center)
Assessor's Tax No.
515-032-29-00-1
515-032-30-00-3
Total
Date:
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S:\PROJE CTS\MAIND I ST\ T RAFSIG\EXHI BIT8\ TS-12E_ 05·06
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FISCAL YEAR 2005-2006
Total
Assessment
$0.00
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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Recording requested by
and for the benefit of
the City of Bakersfield.
Wben recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun A venue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Parcel Map No. xxxxx. Phase x, Parcels x throue:h xx
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of ,200_. by,
xxxxxxxxxxxxxxxxxxxxx - Ca. lnc.. a California Corporation. (hereinafter, "Owner"), in connection with the
Traffic Signal Maintenance District TS-No. (Name of District), located in the City of Bakersfield, California.
The real property herein described is located within Traffic Signal Maintenance District TS-No. (Name of
District) and may be assessed on an ongoing, yearly basis for maintenance of traffic signals within the district.
Assessments shall not exceed $3.000.00 per traffic signal per year. Assessments will continue as long
as the traffic signals remain operational at their present location.
This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This
covenant shall run with the land.
Dated this
day of
.200
Owner( s )/Developer( s):
xxxxxxxxxxxxxxxxxxxxxxxxx - Ca, Inc.
A California Corporation
City of Bakersfield:
(1)
Signature
(2)
Signature
Raul M. Rojas, Public Works Director
(1)
Print Name and Title
(2)
Print Name and Title
NOTE: All owner(s)/developer(s) signatures must be notarized.
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ORIGINAL
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 10th day of November, 2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1419,
passed by the Bakersfield City Council at a meeting held on the 9th day of
November, 2005 and entitled:
RESOLUTION OF THE COUNCIL DECLARING INTENTION TO
ESTABLISH TRAFFIC SIGNAL MAINTENANCE DISTRICT
NO. TS-12, (PANAMA AND WIBLE SHOPPING CENTER)
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
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:M~'~ 1=~
DEPU City lerk
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