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Home My WebLink AboutRES NO 281-05 ~ RESOLUTION NO. '2 8 1 -; 0 5 A RESOLUTION ESTABLISHING TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-12 (PANAMA AND WIBLE SHOPPING CENTER), 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, 1419, adopted November 9, 2005, 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-12 (Panama and Wible Shopping Center), as shown and designated on that certain map entitled Map and Assessment Diagram for Traffic Signal Maintenance District No. TS- 12, 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-12 (Panama and Wible Shopping Center), 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 rnaintenance 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-12 -1- ,,\(" 'ò~"'~,s, '<',n a c~ >- - rT \-- r- Õ () OFW1!NAI -."- -_. .~,.,._-_..~---~-,.'--'--'- -- ..--------.---- _.,~---~_. (Panama and Wible Shopping Center), and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit "1" and incorporated herein by reference) including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3, Exhibits "A" and "8" describe Maintenance District No. TS-12 (Panama and Wible Shopping Center). 4. The assessment for Maintenance District No. TS-12 (Panama and Wible Shopping Center), shall not exceed $3,000 per traffic signal per year. The assessment for the 2005-2006 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-12 (Panama and Wible Shopping Center). 6, Beginning in the 2006-2007 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. ----------()()()---------- -2- « ",A/(I:-"1 () , )... . I- (T 'õ ¿,) OR!G'NAI 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 NOV 3 0 2005 , by the following vote: ~~ NOES: ABSTAIN: ABSENT: v' ---' -" v v v'' COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER -_.~---~--- CITY CLERK and Ex Officio C Council of the City of Bakersfiel APPROVED: NOV 3 0 2009 -~~ HARVEY L. ALL - MAYOR of the City of Bakersfield APPROVED as to form: VIRGINA GENNARO City Attorney By: /Jvcd; ~ ~ Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "c" Exhibit "D" Exhibit "E" S:\PROJ ECTS\MAI NDIST\ TRAFSIG\Resol_Estab\ TS-12reOS-06.doc -3- v..,bf(" ~ J ..y () '¿; 0>- S ,n o ç ORIr,!NA' -,-,_._- '-"-"--"-~'----~'----"''''-'~-- 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 "8," 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 -1- '"P.II ,.. "v ,,'1' a <f >- ~ f- r ·õ t ORIG'~!f' 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: RAUL M. ROJAS Director of Public Works City of Bakersfield S:\PROJECTSIMAI NDIST\TRAFSIGlRoi\ TS-12_ROI_FYOS-06.doc -2- -OAKf" cJ .t> >-- .." r- m - ..... t) Ö n,O!G'NAI 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:IPROJ ECTSIMAI NDIST\ TRAFSIGILegals_Exhit_A ITS-12.doc EXHIBIT "A" . 'ùi\KF.<. '< -'r co <[, >- I- J2 Ô c- ORI~N.tI,!·- . ____.._~."" .._____.__.____ - - .__________.._ __.._..____..__.~___.... -'0--_···,,-·-·"'-'···---·---·- -.----.-----.------..-- MAP AND ASSESSMENT DIAGRAM FOR TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-12 (PANAMA AND WIBLE SHOPPING CENTER) BAKERSFIELD, CALIFORNIA ---~ I¡~ \- ~------------:i_------J 1;;, ,--------1 It PANAMA LANE, N,~ CORNER SECTION ",%" + ð N'" ,.3....· S76.23 II ~ h_________~¡œNEW SGNAL ~ t-- ~ " § i ~T~Of~ STREET ~ " LOT B L.LA 03-1225 11.475 AmES GROSS APN: 515-032-30 w 1<: ìJ 8 z N89"08'42·W DISTRICT 90UNDMY FLED IN 11£ omœ Œ TI£ CITY a.ERK 1HIS _ DA.Y '" 2<L.. CITY a.£RK Of 11£ CITY Of BNŒRSFELD. CAI.ftIRNIA AN ASSESSMENT WAS I.E'ÆI BY 11£ CITY COUHCI. <»4 11£ LOTS. PECES AND PARŒLS Of LAfrI) ~ ON 'THIS ASSESSMENT DIAGRNII. SAID ASSESSMENT WAS I.E'ÆI ON 11£ _ DAY Of 2Cl...J SAID ASSESStIIENT DIAGRAM AND 'Tt£ ASSESSMENT RCU 'IØE RECOROED .. 11£ OFFICE Of 11£ DEPNnMENT Of PU8UC WDRICS Of SAID CITY ON 11£ _ DAY Of 20_ REFERENCE IS MADE TO 'Tt£ ASSES:!IIIIEMT ROLL RECORŒD .. Tt£ OFFICE Œ 'Tt£ DEPMTNENT Of' PUIIJC WDRICS FOR 11£ EXACT ANDUNT Of' EAQt ASSESSMENT I..£IoÐ) AGAINST EAQt PARŒL Of' LAfrI) SHO'Mr4 ON THIS ASSESSMENT DIAGRAM. CITY a.£RK Of' 11£ CITY Of BAIŒRSF1ElD. CAUF'ORNIA -- ----..----------....- ]: .. ¡; I" :¡! ìJ 8 z \ '-- , ~ . NOT TO SCALE L ---- 2.750 A.mES GROSS APN: 515-032-29 D « o ~r --' , II] , ]: ;¡: I ~ ~ : ",0 I ~~ : ~.... I ó , z , ~! 0:, , -r--- - , '" , œ ~ 1"1 :¡!, ~¡ z, , I , ~, r---- --------ì LOT A L.LA 03-1225 N89'OS'4ð'"W 363.76' CITY Of BNŒRSFIElD STREET RlGHT-Œ-WAY 939.99' E. 1/+ CORNER SEC1KJr¡ F1LED Fæ: REOORD TItS _ DAY OF 20..... AT__.... IN IIOOK_OfASSE:SSlrolENT DIS1RICTS AT PACE _ IN THE DFF1CE Œ n£ COUNTY RECORDER Of 11£ COUNTY or KERN. STATE Df CALFORNIA. .J"'U~ W FITCH COUNTY ASSESSOR-RECORDER '7 OIEF' DEPUTY RECORDER RECORDED IN THE OFFICE Of lME DEPNmlENT Œ PUBlIC WORKS THIS_DAY OF 20..... DIRECTOR Of' PUBLIC WDRKS BAIŒRSfJEI.D. CAUI"CØIA , '.-j?. ;ý Io'..y ~ m r-- o INAL EXHIBIT "8':, IV: 15-12 HE!' I '" ;"':11 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 $3,000 per traffic signal. S :\PROJECTSIMAI NDISTiTRAFSIG\Formulas_Exhib_ C\TS-12 .doc EXHIBIT "C" '< 'OAK$-o o "(p ~" ~ \_ 1ï¡ - ,- c) (:, ORIGINAL 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:\PROJECTS\MAIND I 8n T RAFSI G\EXHIBITS\ T8-120 _ 05-06 $0.00 $0.00 $0.00 $0,00 EXHIBIT "D" 01'/(;:-<\ J .'(p -<' .- - f"T1 - r-- :> CJ 0QI~INAL EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO, TS-12 (Panama and Wible Shopping Center) FISCAL YEAR 2005-2006 Assessor's Tax No, Total Assessment 515-032-29-00-1 515-032-30-00-3 Total $0,00 $0.00 $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:\PROJECTS\MAI NDI ST\ TRAFSI G\EXH IBITS\ TS-12E _ 05-06 EXHIBIT "E" '<. 'òf\K~.<) o "(¡, >- -0 r-- " - t-.. o ("-, ORIGI~JAI Recording requested by and for the benefit of the City of Bakersfield. When 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 throul!h xx COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of ,200_, by. xxxxxxxxxxxxxxxxxxxxx - Ca, Inc.. a California Corporation. (hereinafter, "Owner"), in connection with the Traffic Signal Maintenance District TS-No, (Name of District), located in the City of Bakerslìeld, 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: (I) Signature (2) Signature Raul M, Rojas, Public Works Director (I) Print Name and Title (2) Print Name and Title NOTE: All owner(s)/developer(s) signatures must be notarized. S :\PROJECTS\MAINDlsn TRAFSIG\Covenant\TS-Example.doc ,'ôM£'.<; d ''(p )... "'"f"I t- TT1 _ r-- () C::J OPIG'NAL _ ..,~~.. ··_'w._·__,~______.._._.___~. _n_'._.______..