The URL can be used to link to this page

Home My WebLink AboutROI NO 1442 RESOLUTION OF INTENTION NO. 1442 A RESOLUTION DECLARING INTENTION TO ESTABLISH TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-14, (MING, SOUTH ALLEN SE) 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 Ming Avenue at approximately 700 feet east of South Allen 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 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-14, (Ming, South Allen SE), 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; -1- í'JMc1J ~·o' v " >- [T >- r Õ t:; nplr-I"tö.1 (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-14, (Ming, South Allen SE), 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 "0," 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-14, (Ming, South Allen SE) 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, -2- '0~Kf.;"r ..,!- ú ~' " >- IT - ~ ó ~> f"JRIGINAI I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council o~ t~e City of Bakersfield at a regular meeting thereof held on MAR 200g- . by the following vote: <_ AYE-~ ÑOES: ABSTAIN: . -~SEN! ) / ,~ ~ COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCIL MEMBER ('~k_ ~~~ ~ d. rAc CITY CLERK and Ex Officio CI Council of the City of Bakersfiel APPROVED MAR 2 2 20M HARV L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINA GENNARO City Attorney By: /'JJ)~j; ~ ø~ /¡ TS-14 _ ROI_FY05-06.doc Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" -3- . 'òMi:..¡> ~ (j) " "" ~. n r ,) t: r"\OIr-,"", ". - ,- _._-----~._~ City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-14 (MING, SOUTH ALLEN SE) Fiscal Year 2005·2006 City of Bakersfield, Maintenance District No, TS-14, (Ming, South Allen SE), is generally described as a district bounded by Ming Avenue on the north, the Kern River Canal on the southeast and South Allen 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 one traffic signal located on Ming Avenue at approximately 700 feet east of South Allen Road at the entrance to the proposed development. 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 development at the southeast corner of Ming Avenue and South Allen Road, Each parcel will be assessed a proportional share of the cost of maintaining and operating the traffic signals, The benefit formula is set forth -1- EXHIBIT "1" '< i\l<Kfy " ¡J. '-, ..... n -::. r- .) C' '-"o~~1f1. 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 "0" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within Maintenance District No, TS-14, (Ming, South Allen SE), subject to be assessed to pay the cost of maintenance and operation in said district. Dated: 3/9/t;r:? ~ RAUL M. ROJAS Director of Public Works City of Bakersfield TS-14_ROIJY05-06.doc EXHIBIT "1" -2- ,¢M£j, " ';¿¡' ,) --(\ m :. ,- J t:J ""''''INAl MAINTENANCE DISTRICT TS-14 LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 12, T 30 S, R 26 E, MD,B, & M" and more particularly described as follows: Beginning at the northwest corner of said Section 12, said point being the intersection of the centerlines of Ming Avenue and South Allen Road, said point also being the TRUE POINT OF BEGINNING; THENCE (1) South 88° 52' 30" East along the north line of said Section 12, also being the centerline of Ming Avenue, a distance of 982.84 feet; THENCE (2) departing said north line and centerline, South 01 ° 07' 30" West, a distance of 55,00 feet, more or less, to a point on the south right-of-way of Ming Avenue; THENCE (3) South 88° 00' 25" East along said south right-of-way of Ming Avenue, a distance of 330,04 feet; THENCE (4) South 84° 06' 41" East, continuing along said south right-of-way, a distance of 87,96 feet, more or less, to a point on the northerly right-of-way of the Kern River Canal; THENCE (5) South 650 35' 18" West, along said northerly right-of-way, a distance of 1,553,83 feet, more or less, to a point on the west line of said Section 12, said point also being on the centerline of South Allen Road; THENCE (6) North 010 14' 42" East, along said west line of Section 12 and centerline of South Allen Road, a distance of 737,14 feet, more or less, to the TRUE POINT OF BEGINNING, TS-14_LegaLdoc 1 EXHIBIT "14-A" ,¢M" ~ ->'<5' '-.-. -'Ç"\ - !!' -:, <è. "RIGINAl . õ~ ." ~8. .~ f ~ê'" 5.;.; ~~ . ~¡g '. ~x "'" ~ ., E " " /N 3è b o. '0 ~¡<¡ g~ m, /. v;~ ~~ MAP AND ASSESSMENT DIAGRAM FOR mAFFIC SIGNAL MAINTENANCE DISTRICT TS 14 (MING, SOUTH ALLEN SE) BAKERSFIELD, CALIFORNIA N.W. cœNER SEC. 12, 30/26 T.P,O,B. £ IMtJ AlENE 588'52'30"1: 982.84' ':! "' ::! LOT 30 lRACT MAP NO, eoee Clw ..,,, O . " It:~ :ti III ... ... .., ~ ~~\'Ø~~- ~~-~- ';IÞ-ß\~ f- ~ ~ ~ ~ í Ë . E AL£D IN THE OFFICE Of THE CITY ClERK THIS _ DAY OF 2<L FILED FOR RECORD 1MIS _ DAY OF 20--, AT _ ---,M., IN BOOK _ OF ASSESSWENT DISTRICTS AT PAGE _IN THE OFFICE Œ' THE COUNTY REcamER Of THE COUNTY OF KERN, STATE Of CAUFORNIA. CITY CLERK OF' THE CITY OF BAKERSFIELD, CAUfORNlA AN ASSESSMENT WAS LEIo1ED BY THE CITY COUNat. ON THE LOTS, PIECES AND PARCElS OF' LAND SHOVIN ON THIS ASSESSMENT OI-'GRAM. SAID ASSESSMENT WAS !.£\flED ON THE _ DAY OF 2CL.; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL VÆRE RECORDED IN THE OFFICE Of THE DEPARTMENT Of PUBUC WORKS OF SAID CITY ON THE _ DAY Of 20-, REFERENCE IS WADE TO THE ASSESSUEHT Rou. RECCRDED IN T1£ OFF1CE OF THE OEPAR1W£NT OF PUBUC WORKS FOR THE EXACT AMOUNT Of EAa-I ASSESSWENT I..E\1EO AGAINST EACH PARCEL OF LAND SHOWN ON 1MIS ASSESSMENT DIAGRAM. DISTRICT BOUNDARY ~ /l1li o NOT TO SCALE .AUF'~ W FITCH COUNTY AS$ESSOR-RECORD€R BV CHIEF DEPUTY RECORDER RECORDED IN THE OFFlCE Of' THE DEPARTMENT Of PUBUC WORKS THIS _ DAY Of 20-, CITY CLERK Of 11-1£ CITY Of BAKERSFlELD, CAUFORNIA --...__._".,._,_.._-~_.~ DIRECTOR Of' PUBUC WORKS BAlCERSF1E1D, CAL.f"æNIA ~MS «. ,J' o " EXHIBIT ~. ~ FILE: TS-14 SHE~Ofl f TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-14 (Ming, South Allen SE) 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 assessment for all properties within Traffic Signal Maintenance District Number TS-14 (Ming, South Allen SE) shall not exceed $3,000 per traffic signal per year, TS-14~Exhit-C.doc EXHIBIT "C" QM¿:~ ~ ~. ;.. "., <=; ,... " c:. "lRIGINAL . .,~~._._.,. '---~----'-"---'----~ EXHIBIT "D" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-14 (Ming, South Allen SE) Said assessment is made in accordance with the benefit formula attached hereto. 2005-2006 BUDGET Gross Budget Amount Required (City Staff SelVices or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance/(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED S:\PROJECTSIMAINDIST\TRAFSIGIEXHIBITSITS-14D _o5-06 EXHIBIT "D" __~_ ___n..____ __'._. _n___ .....___--._ ....n.... __,__.__....... _.____...._.________..____ $0,00 $0,00 $0,00 $0,00 . ;;.M£", o \r ., >- ,7 >;::: r ..:> C ORIG1N" EXHIBIT "E" ASSESSMENT ROLL TRAFFIC SIGNAL MAINTENANCE DISTRICT NO, TS-14 (Ming, South Allen SE) FISCAL YEAR 2005-2006 Assessor's Tax No. Total Assessment 523-360-01-00-0 $0.00 $0.00 Total Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" S:\PROJECTSIMAJNDlsnTRAFSIG\EXHIBITSITS-14E_OS-06 '< 'òM~-9 o ~ >- ~ >- m - ,... o <:0 f')RI~INðl 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 Tract No. 6086. Lot 30 COVENANT DISCLOSING INCLUSION IN TRAFFIC SIGNAL MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of , 200_, by Castle & Cooke California, Inc., a California Corporation (hereinafter, "Owner"), in connection with the Traffic Signal Maintenance District TS-No, 14, located in the City of Bakersfield, California, The real property herein described is located within Traffic Signal Maintenance District TS-No, 14 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 ofthe City of Bakersfield, This covenant shall run with the land. Dated this day of ,200 , Owner( s )/Developer( s): City of Bakersfield: Castle & Cooke California, Inc" a California Corporation Signature Raul M, Rojas, Public Works Director Print Name and Title NOTE: All owner(s)/developer(s) signatures must be notarized. TS-14_ Covenant.doc ~ ~p..Kf?'<i <..:. " >- ñ ~ r 'J (;'. é'r:ll~¡~lð! 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 23rd day of March, 2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No, 1442 , passed by the Bakersfield City Council at a meeting held on the 22nd day of March, 2006 and entitled: A RESOLUTION DECLARING INTENTION TO ESTABLISH TRAFFIC SIGNAL MAINTENANCE DISTRICT NO, TS-14, (MING, SOUTH ALLEN SE) 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:~~ ~ð DEP Ci lerk S:\DOCUMENnFORMSIAOP.ORD.wpd X <¡:,M"-9 o <!;, >- - >- m - .... " t> ORIGINAL