HomeMy WebLinkAboutRES NO 083-06
RESOLUTION NO. _0 8 3 - 0 6
A RESOLUTION ESTABLISHING TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-13 (PANAMA AND
STINE 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. 1435, adopted March 8, 2006, 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-13
(Panama and Stine Shopping Center), as shown and designated on that certain map
entitled Map and Assessment Diagram for Traffic Signal Maintenance District No. TS-
13, 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-13 (Panama and Stine 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 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-13
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(Panama and Stine 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 "B" describe Maintenance District No. TS-13 (Panama
and Stine Shopping Center).
4. The assessment for Maintenance District No. TS-13 (Panama and
Stine 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-13 (Panama and Stine 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.
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adopted
on
I HEREBY CERTIFY that the foregoing Resolution was passed and
by the Council of the City of Bakersfield at a regular meeting thereof held
MAR 2 2 2006 . by the following vote:
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NOES:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER l'^-,,-,-^ ,,", "',' ~ 0 , ,~ ~.
C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
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HARVEY L. HALL
MAYOR of the City of Bakersfield
MAR 2 2 2006
APPROVED:
APPROVED as to form:
VIRGINA GENNARO
City Attorney
By: ¡ 1C¿7[;úvé 'ìY071ILiiþ¡
r
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "En
TS-13re05-06.doc
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-13
(PANAMA AND STINE SHOPPING CENTER)
Fiscal Year 2005·2006
City of Bakersfield, Maintenance District No. TS-13 (Panama and Stine
Shopping Center), is generally described as a district bounded by Seasons Drive on the
north, Stine Road on the east, Farmers Canal on the west and 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 at approximately 500 feet west of Stine
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, 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 at the northwest corner of Panama
Lane Stine 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 herein as
EXHIBIT "1"
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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-13,
(Panama and Stine Shopping Center), subject to be assessed to pay the cost of
maintenance and operation in said district.
Dated:
::3/7/ ó¿,
R~~JA~
Director of Public Works
City of Bakersfield
TS-13 _ ROIJY05-06.doc
EXHIBIT "1"
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MAINTENANCE DISTRICT TS-13
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 22, T 30 S, R 27 E, MD.B. & M., and more particularly
described as follows:
Beginning at the southeast corner of said Section 22, said point being the
intersection of the centerlines of Panama Lane and Stine Road, said point also
being the TRUE POINT OF BEGINNING;
THENCE (1) North 89° 05' 36" West along the south line of said Section 22, also
being the centerline of Panama Lane, a distance of 635.45 feet, more or less, to
a point on the northerly right-of-way of the Arvin-Edison Canal;
THENCE (2) North 31° 22' 40" West, along said northerly right-of-way, a distance
of 114.13 feet, more or less, to a point on a tangent curve, concave southerly,
with a radius of 330.00 feet;
THENCE (3) continuing along said northerly right-of-way, northwesterly along
said curve, through a central angle of 63° 56' 53", an arc length of 368.31 feet,
more or less, to a point on a non-tangent curve, concave westerly, with a radius
of 955.00 feet and a radial bearing of North 58° 01' 27" West, said point also
being on the easterly right-of-way of the Farmers Canal;
THENCE (4) along said easterly right-of-way, northeasterly along said curve,
through a central angle of 27" 59' 36", an arc length of 466.59 feet;
THENCE (5) North 03° 58' 57" East, continuing along said easterly right-of-way,
a distance of 258.51, more or less, to a point on a non-tangent curve, concave
southerly, with a radius of 500.00 feet and a radial bearing of South 00° 57' 24"
West, said point also being on the centerline of Seasons Drive;
THENCE (6) along the centerline of Seasons Drive, easterly along said curve,
through a central angle of 10° 11' 20", an arc length of 88.92 feet;
THENCE (7) South 78° 51' 16" East, continuing along said centerline, a distance
of 214.16 feet to a point on a tangent curve, concave northerly, with a radius of
500.00 feet;
THENCE (8) continuing along said centerline, easterly along said curve, through
a central angle of 10° 32' 05", an arc length of 91.93 feet;
THENCE (9) South 89° 23' 21" East, continuing along said centerline, a distance
1
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of 466.45 feet, more or less, to a point of intersection with the centerline of Stine
Road;
THENCE (10) South 00° 36' 39" West, along the centerline of Stine Road, a
distance of 896.45 feet, more or less, to the southeast corner of said Section 22
and the TRUE POINT OF BEGINNING.
TS-13_Legal.doc
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MAP AND ASSESSMENT DIAGRAM
FOR TRAFFIC SIGNAL
MAINTENANCE DISTRICT TS 13
(PANAMA AND STINE SHOPPING CENTER)
BAKERSFIELD, CALIFORNIA
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330.00'
955.00'
500.00'
500.00'
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AlED IN THE 0F'f'ICE Of THE CITY CLERK THIS _ DAY
Of' 20--,
CITY Cl£R( Of THE CITY OF
BAKERSflD..D, CAUfORNIA
AN Þ.SSESSWENT WAS Lf'Y1ED BY THE aTY COUNCIl ON THE LOTS.
PIECES AND PARCELS Of lAND SHO'M't Cf4 THIS ASSESSMENT DlAGRN.t.
SAID ASSESStoIENT WAS lEVIED ON THE _ DAY Of'
2<L..: SAID ASSESSMENT DIAGR..... ANO
lME ASSESSWENT ROLL 'fI£R[ RECORDED IN Tt£ OFFICE Of niE
OEPARTWENT OF PUØLlC WORKS Of' SAID aTY ON THE _ DAY
Of 20_ REFERENCE IS NADE 10 'THE
ASSESSWENT ROLL RECORDED IN 'THE omœ OF THE D£PAR'NENT OF
PUBUC WORKS FOR THE EXACT AMOUNT Of EACH ASSESSMENT I.E\1ED
AGAINST EACH PARCEl OF LAND SHO.... ON THIS ASSESSUENT OIAGRAM.
CITY ClERK Of' THE CITY Of
BAKERSFIELD, CAUFORNIA
.
l£NGTI1
388.31'
466.59'
88.92'
91.93'
Dfl.fA
63'56'53-
2759'36-
10'11'20·
10'32'05-
SEASONS 0ffVE
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206.00
238.05
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C£ PAI44UI1..AI>E
SE COR. SEC. 22,
TJOS, R27E T.P,Q,B.
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F1t.£D FOR RECORD THIS _ DAY Of
20.-. AT _ ____W" IN 800K _ Of" ASSESSMENT
DISTRICTS AT PAGE _IN THE OFFICE OF THE COUNTY
RECOROER OF THE COUNTY OF KERN, STATE OF CALIfORNIA.
JAt.tFS W FlTCH
COUNTY ASSESSOR-RECORDER
BY
QiIEF DEPUTY RECORDER
RECORDED IN THE Œf1CE or THE DEPARTMENT OF PUBUC WORKS
THIS _ DAY Of 20---,
DIRECTOR Of' PUBUC WORKS
BAKERSFIELD. CAUfORNIA
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TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-13
(Panama and Stine 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
assessment for all properties within Traffic Signal Maintenance District Number TS-13
(Panama and Stine Shopping Center) shall not exceed $3,000 per traffic signal per
year.
TS-13_Exhit-C,doc
EXHIBIT "C"
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EXHIBIT "D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-13
(Panama and Stine 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
SIPROJECTS\MAINDIST\TRAFSIGIEXHIBITS\TS-13D_05-06
EXHIBIT "D"
$0.00
$0.00
$0.00
$0.00
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EXHIBIT "E"
ASSESSMENT ROLL
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-13
(Panama and Stine Shopping Center)
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total Assessment
499-011-10-00-5
$0.00
$0.00
Total
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
S:\PROJECTS\MAINDlsn TRAFSIGIEXH IBITS\ TS-13E_ 05-06
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Recording requested by
aud for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtuu Aveuue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Parcel MaD No. 9918. Parcel 3
COVENANT DISCLOSING INCLUSION IN TRAFFIC SIGNAL MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of ,200_, by
Costco Wholesale Corporation. a Washington corporation (hereinafter, "Owner"), in connection with the Traffic
Signal Maintenance District TS-No. 13, located in the City of Bakersfield, California.
The real property herein described is located within Traffic Signal Maintenance District TS-No. 13 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 peT year. Assessments will continue as long
as the tTaffic 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):
City of Bakersfield:
Costco Wholesale Corporation, a
Washington Corporation
Signature
Raul M. Rojas, Public Works Director
Print Name and Title
NOTE: All owner(s)/developer(s) signatures must be notarized.
TS-] 3_ Covenant.doc
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