HomeMy WebLinkAboutRES NO 098-06
RESOLUTION NO.
098-06
A RESOLUTION ESTABLISHING TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-14 (MING, SOUTH
ALLEN SE), 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. 1442, adopted March 22, 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-14
(Ming, South Allen SE), as shown and designated on that certain map entitled Map and
Assessment Diagram for Traffic Signal Maintenance District No. TS-14, 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-14 (Ming, South Allen SE), 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-14 (Ming,
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South Allen SE), 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-14 (Ming,
South Allen SE).
4. The assessment for Maintenance District No. TS-14 (Ming, South Allen
SE), 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 No. TS-14 (Ming, South Allen SE).
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
APR 5 2005 , by the following vote:
CA.YES)
NOES:
ASSTAIN:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER '-"~(L~
CITY CLERK and Ex Officio Cler of the
Council of the City of Bakersfield
APPROVED:
HARv/iAL~
MAYOR of the City of Bakersfield
APR 5 2006
APPROVED as to form:
VIRGINA GENNARO
City Attorney
By: ¡Ji;.ed; f}Þ ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
TS-14re05-06.doc
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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
EXHIBIT "1"
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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-14,
(Ming, South Allen SE), subject to be assessed to pay the cost of maintenance and
operation in said district.
Dated:
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
TS-14_ROI]Y05-06.doc
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EXHIBIT "1"
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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.
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MAP AND ASSESSMENT DIAGRAM
FOR TRAFFIC SIGNAL
MAINTENANCE DISTRICT TS 14
(MING, SOUTH ALLEN SE)
BAKERSFIELD, CALIFORNIA
N. W. CORNER SEe. 12, 30/26
T.P.o.B.
ElMO AlENE
S88'52'JO"E
982.84'
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LOT 30
lRACT MAP NO. eœe
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DIStRICT BOONDAAY
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NOT TO SCAlE
f1lED IN 1ME OfFICE Of 1ME CITY a.£RK 11"U5 _ DAY
Of 20_
FILED fOR RECORD THIS _ DAY Of'
20...... AT _ ___M., IN BOOK _ OF ASSESSMENT
DlSlRICTS AT PAGE. _IN 1HE omCE Of' THE COUNTY
RECORDER Of lME COUNTY OF KERN. STATE Of CAl..IFORNIA.
CITY a...ERK Of THE CITY Of
BAKERSflaD, CAUFORNIA
AN ASSESSMENT WoIIS LEVIED BY THE CITY COUNCIl.. ON THE LOTS,
PIECES AND PARCElS OF LANO SHO'MII ON THIS ASSESSUENT DIAGRAM.
SAID ASSESSMENT WAS LEVIED ON tHE _ DAY Of
20....; SAID ASSESSWENT DIAGRAM AND
tHE ASSESSMENT RQ...L ¥IERE RECORDED IN 1)£ OfFICE Of 1ME
DEPARNENT Of PUBUC WORKS OF SAID CITY ON niE _ DAY
Of 20- REFERENCE IS MADE 10 THE
ASSESSMENT RCU RECORDED IN THE OFf1ΠOf THt DEPARTUENT OF
PUBLIC WORKS fOR -niE EXACT AMOUNT OF ~ ASSESSUENT L£VIED
AGAttST EAat PARca. Of LAND SHOM( ON 'THIS ASSESSMENT DIAGRAM.
JA1, F'~ W FlTCH
COUNTY -'SSESSOR-RECORDER
BY
CHiEf DEPUTY RECORDER
RECORDED IN THE OFfICE Of tHE DEPARTMENT Of PUBUC WORKS
THIS _ DAY OF 20.........
CITY a..ERI( OF THE QTY Of
BAKERSfIELD, CAUfORNlA
DIRECTOR Of PUBLIC WORKS
BAKERSfIflD. CAl..lFORNIA
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EXHþT" 'Et
FILE: Tg::' I;{:"r~'~of\
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"
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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 Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
S:\PROJECTS\MAINDIST\TRAFSIG\EXHIBITSITS-14D_OS-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-14
(Ming, South Allen SE)
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total Assessment
523-360-01-00-0
$0.00
$0.00
To1al
Date:
City Clerk and Ex Officio Clerk of 1he
Council of the City of Bakersfield
EXHIBIT "E"
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Recording requested by
and for tbe 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
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CITY CONTRACT SPECIAL INSTRUCTIONS FORM & ROUTING
INFORMATION
IDENTIFYING IN~RMATION (REQUIRED) :k,
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THIS SECTION REQUIRED FOR ALL CONTRACTS
Routing Checklist: /
1) Department Head: ;-_ V 3) City ~}I,o~nrnY: ¡],^,1
Date:> /,", Initials:. / ' Date: -#& Initials: !vrrW-
2) Risk Management:
Date: Initials:
4) If DEPARTMENT agreement
route to Kelly Fick-City
Clerk's Office
Date: Initials:
..........................................................................
SPECIAL INSTRUCTIONS:
Council Meeting Date: 4:~0-~C.
Redevelopment Meeting Date:
Agenda Item Number:
RUSH DO~
Yes o~circle One)
Document Type:
Council_ RDA_ Dept_
tI Agreement
tI Contract Change Order
ø Deed
ø Notice of Completion
ø Ordinance
/"'fI) Resolution
'------fI Resolution of Intention
CLERK ACTION NEEDED'!
ø Record
tI Certified Copies
Other:
If address of company is not identified in the Agreement or Notice of
Completion, please note name of contact and address below:
Additional Information: