HomeMy WebLinkAboutROI NO 1170RESOLUTION OF INTENTION NO. 1170
A RESOLUTION DECLARING INTENTION TO ESTABLISH
MAINTENANCE DISTRICT NO. TS-3, (ROSEDALE, JET
WAY) 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, t?om annual benefit assessments apportioned among the
several lots or parcels of property within the maintenance district established therefore; and
WHEREAS, the property 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-3, (Rosedale, Jet Way), generally described in Exhibit "A" attached hereto, to maintain and
operate the local improvements including two 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 are two traffic
signals adjacent to the property within the boundaries as shown on Map and
Assessment Diagram for Traffic Signal Maintenance District No. TS-3
(Rosedale, Jet Way), 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";
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(d) a Budget, Exhibit "D," containing the matters specified in Section 13.04.130
of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each 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 of the
property described as Parcel Map 10236, parcels 1 through 9, 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 also waives all rights under Proposition 218 to formally vote on
the assessments and indicated 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-3,
Bakersfield, California," for Fiscal Year 1997-98, 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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Council of
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
the City of Bakersfield at a regular meeting thereof held on
~,?R 0 8 ~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMO:'~r, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMbER
ABSTAIN: COUNCILMEMBER
,~SENI': COUNCILMEMBER ~,,s~a ·
CITY CLERK and Ex Officio~lerk of the
Council of the City of Bakersfield
APPROVED ~PR 0 $ ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY S :OVSEr /
CITY ATTORNEY of the City of Bakersfield
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Attachments:
Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. TS-3
Fiscal Year 1997-1998
WHEREAS, on WEDNESDAY, April 8, 1998, the Council of the City of
Bakersfield adopted its Resolution of Intention No. 1170 to order the establishment of a
maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code
of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him
to make and file a Report; and
WHEREAS, the Public Works Director filed with the City Clerk of the Council his
report, in writing, which Report is as follows:
Public Works Director's Report
City of Bakersfield, Maintenance District No. TS-3, is generally described as a
district bounded by Rosedale Highway on the north, Calloway Canal on the east, a line 1/4 mile
south of Rosedale Highway on the south, and the Friant Kern Canal (Coffee Road) 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 two traffic signals located on Rosedale Highway
and Jet Way, and on Coffee Road and Jet Way, being the entrances to the shopping center at the
southeast comer of Rosedale Highway and Coffee Road. 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
of a commercial site. Such signals do not provide a general public traffic benefit.
EXHIBIT "1"
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 signals that will be operated and maintained under the proposed
maintenance district will benefit the parcels within the shopping center at the southeast comer of
Rosedale Highway and Coffee Road, Parcel Map 10236, Parcels 1 through 9. Since Rosedale
Highway is a state highway the state will pay 2/3rds and the district will pay 1/3rd.of the
maintenance cost os the signal on Rosedale Highway. Each parcel will be assessed on a trip
generation basis throughout the district. 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 signals is $5,000 to $7,000. All parcels
within this district will have a zero assessment for the 1997-98 fiscal year. Any costs incurred in
the 1997-98 fiscal year will be carried over to the 1998-99 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 1997-98 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-3, 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-3
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a
portion of Section 28, T 29 S, R 27 E, M.D.B. & M., and more particularly described as follows:
Commencing at the northwest comer of said Section 28, being the intersection of the
centerline of Coffee Road and a line 25 feet south of and parallel to the centerline of
Rosedale Highway, thence South 89° 46' 45" East, a distance of 249.14 feet to the TRUE
POINT OF BEGINNING:
THENCE (1) Continuing South 89° 46' 45" East, along said line 25 t~et south of and
parallel to the centerline of Rosedale Highway, a distance of 908.40 feet;
THENCE (2) South 20° 45' 04" East, a distance of 129.92 feet;
THENCE (3) South 16° 57' 29" East, a distance of 75.87 feet;
THENCE (4) South 08° 38' 32" East, a distance of 49.08 feet;
THENCE (5) South 07° 43' 08" West, a distance of 197.04 feet;
THENCE (6) South 17° 52' 00" West, a distance of 163.41 feet;
THENCE (7) South 24° 05' 21" West, a distance of 370.19 feet;
THENCE (8) South 23° 36' 02" West, a distance of 361.47 feet;
THENCE (9) South 00° 39' 29" East, a distance of 58.80 feet;
THENCE (10) North 89° 47' 45" West, a distance of 265.43 feet;
THENCE (11) North 42° 54' 36" West, a distance of 230.52 feet;
THENCE (12) North 29° 30' 22" West, a distance of 261.30 feet;
THENCE (13) North 14° 22' 36" West, a distance of 219.70 feet;
THENCE (14) North 00° 19' 42" East, a distance of 262.66 feet;
EXHIBIT "A"
THENCE (15) North 01 ° 17' 00" East, a distance of 410.55 feet;
THENCE (16) North 22° 31' 23" West, a distance of 45.08 feet to the TRUE POINT OF
BEGINNING.
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MAP AND ASSESSMENT DIAGRAM
FOR
TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-3
(Rosedale, Jet Way)
BAKERSFIELD, CALIFORNIA
EXHIBIT 'B"
ORIGI~'I ~'
MAINTENANCE DISTRICT TS-3
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.
Add the total number of trips (1) of all buildings in each parcel.
Add the total number of trips (2) of all buildings in all parcels.
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.
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.
(2)
(3)
(4)
(5)
* Since Rosedale Highway is a state highway, the state pays 2/3rds of the cost of the signal on Rosedale
and the district pays l/3rd. The district pays all of the cost of the signal on Coffee Road.
Assessment amounts could vary substantially during the initial development of the shopping center. Since
only the developed parcels will generate traffic using the signalized intersections, those parcels will be
responsible for the entire cost of the district. None of the parcels were assessed for the 1997-98 fiscal year
since the signals were not in operation at the beginning of the fiscal year. Any costs incurred in the 1997-
98 fiscal year will be carried over to 1998-99.
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EXHIBIT "C"
EXHIBIT "D"
MAINTENANCE DISTRICT NO. TS-3
(Rosedale, Jet Way)
Said assessment is made in accordance with the benefit formula attached hereto.
1997 - 1998
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
$o.oo
$o.oo
$o.oo
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EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-3
(Rosedale, Jet Way)
FISCAL YEAR 1997 - 1998
Assessment Parcel No.
as shown on Map Total
Exhibit "B" Assessment
368-060-66-00-1 $0.00
368-060-67-00-4 $0.00
368-060-68-00-7 $0.00
368-060-69-00-0 $0.00
368-060-70-00-2 $0.00
368-060-71-00-5 $0.00
368-060-72-00-8 $0.00
368-060-73-00-1 $0.00
368-060-74-00-4 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
P:/MAIN DIST~EXHI BIT S/MDT S-3
EXHIBIT "E"
Page 1
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 Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Parcel Map 10236, parcels 1 - 9
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
AND WAIVER OF PROPOSITION 218 PROCEDURES
THIS COVENANT is executed on this __ day of ,199__ by
Jack Turman and Norma Turman, Trustees of Turman Charitable Remainder Unitrust Dated March 20. 1997,
(hereinafter, "Owner"), in connection with Maintenance District TS-2, located in the City of Bakersfield,
Califomia.
The real property herein described is located within Maintenance District TS-3 and may be
assessed for maintenance of traffic signals within the district. The undersigned owner/developer further
agrees and covenants that it waives all rights, present and future, under Proposition 218 to protest its inclusion
in the Maintenance District or the rates and method of assessment.
Assessments will be based on the amount of traffic generated by each parcel using the
signalized intersections.
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
Owner(s)/Developer(s):
Jack Turman and Norma Tun:nan,
Trustees of Turman Charitable Remainder
Unitrust Dated March 20, 1997
199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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ORIGIN?4
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 April ,1998 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1170 , passed
by the Bakersfield City Council at a meeting held on the 8th day of April. 1998, and
entitled:
A RESOLUTION DECLARING THE CITY'S INTENTION TO
ESTABLISH MAINTENANCE DISTRICT TS-3, ROSEDALE,
JET WAY, PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING PUBLIC WORK'S DIRECTOR'S REPORT.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
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April 10, 1998