HomeMy WebLinkAboutRES NO 61-98RESOLUTION NO. 6 1 - 9 8
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. TS-3 (ROSEDALE, JET WAY),
CONFIRMING THE ASSESSMENT 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. 1170, adopted April 8, 1998, 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-3 (Rosedale, Jet Way), as shown and designated on that certain map
entitled Map and Assessment Diagram for Traffic Signal Maintenance District No. TS-3,
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 property owner
within Maintenance District No. TS-3 (Rosedale, Jet Way), which waives all rights to a public
hearing and to a protest hearing as required by the Brown Act, Chapter 13.04 of the Bakersfield
Municipal Code, Proposition 218 and its enabling legislation; 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-3 (Rosedale, Jet
Way), 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" attached hereto and incorporated herein by reference
describe Maintenance District No. TS-3 (Rosedale, Jet Way).
4. The assessment for Maintenance District No. TS-3 (Rosedale, Jet Way), shall
be the total sum of $0.00 for the 1997-98 fiscal year. The benefit formula (Exhibit "C"), the
budget (Exhibit "D"), and the assessment roll (Exhibit "E") are attached hereto and incorporated
herein by reference.
5. The Kern County Tax Collector is hereby authorized to collect assessments for
Maintenance District TS-3 (Rosedale, Jet Way).
6. Beginning in the 1998-99 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.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopt_e_d by
the Council of the City of Bakersfield at a regular meeting thereof held on MAY 0 $ ~ ,
by the following vote:
AYES: COUNCILMEMBER De~IOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
/~l~,,~ T: COUNCILMEMBER
APPROVED:
MAYOR of the City of Bakersfield
CITY CLERK and Ex OfficiffClerk
Council of the City of Bakersfield
of the
APPROVED as to form:
JUDY K. SKOUSEN
CITY ATTORNEY of the City of Bakersfield
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
ORIGI,N~
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. TS-3 (Rosedale, Jet Way)
Fiscal Year 1997-1998
WHEREAS, on WEDNESDAY, April 8, 1998, the Council of the City of
Bakersfield adopted its Resolution of Intention No. l170 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 (Rosedale, Jet Way), 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 rel~rence 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 signal located on Rosedale Highway
and Jet Way and on Coft~e Road and Jet Way, being 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, cost of
energy, supervision and any and all other items necessary for the proper maintenance and operation
thereoff
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"
ORIGii~L
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 this 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 of the
signal on Rosedale Highway. Each parcel will be assessed on a trip generation basis throughout the
district. The Benefit Formula is set tbrth 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 signal 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, 1, 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 (Rosedale, Jet Way), 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:\PROJ\MI)VI'RA FSIG~TS-3RE98
OI~IGiNAL
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 feet south of and
parallel to the centerline of Rosedale Highway, a distance of 908.40 feet;
THENCE (2) South 20° 45' 04" East
THENCE (3) South 16° 57' 29" East
THENCE (4) South 08° 38' 32" East
THENCE (5) South 07° 43' 08" West
THENCE (6) South 17° 52' 00" West
THENCE (7) South 24° 05' 21" West
THENCE (8) South 23 ° 36' 02" West
a distance of 129.92 feet;
a distance of 75.87 feet;
a distance of 49.08 feet;
a distance of 197.04 feet;
a distance of 163.41 feet;
a distance of 370.19 feet;
a distance of 36 1.47 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 o 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.
S\PROJ\MD\LEGAI,S\I EGALI S3
~RIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR
TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-3
(Rosedale, Jet Way)
BAKERSFIELD, CALIFORNIA
EXHIBIT 'B'
ORIGINAL
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.
(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 t 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.
* Since Rosedale Highway is a state highway, the state pays 2/3rds of the cost of the signal on Rosedale
and the district pays 1/3rd. 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.
G:PROJ I MS\MD\FORMULA\MDTS-3
EXHIBIT "C"
,'b. RIGiNAL
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 Con~act, Supplies, Materials and Uf~lifies)
Estimated Beginning Fund Balancel(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$o.oo
~ ~ A K~'9,~'.~
~XHIBIT
ORIGINAL
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:/MAIND~ST~EXHIBITS/MDTS 3
EXHIBIT "E"
Page 1
~,{ G,NAL
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 Tunnan 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,
California.
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 fights, 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 Turman,
Trustees of Tunnan Charitable Remainder
Unitrust Dated March 20, 1997
,199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/deveioper(s) signatures must be notarized.
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