HomeMy WebLinkAboutRES NO 153-00RESOLUTION NO. ]. 5 3" 0 0
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. TS-5 (NW PROMENADE, PHASE 2),
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. 1225, adopted November 29, 2000, 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-5 (NW
Promenade, Phase 2), as shown and designated on tt~at certain map entitled Map and
Assessment Diagram for Traffic Signal Maintenance District No. TS-5, 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
ownerwithin Maintenance District No. TS-5 (NW Promenade, Phase 2), 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-5 (NW
Promenade, Phase 2), and confirms and adopts the .Public Works Director's Report,
(attached hereto as Exhibit "1" and incorporated herein by reference) including
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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-5 (NW
Promenade, Phase 2).
4. The assessment for Maintenance District No. TS-5 (NW Promenade,
Phase 2), shall not exceed $3,000 per year. The assessment for the 2000-2001 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-5 (NW Promenade, Phase 2).
6. Beginning in the 2001-2002 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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is set forth heroin 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 $3,000 to $4,000. All parcels within this district will have a zero
assessment for the 2000-2001 fiscal year. Any costs incurrod in the 2000-2001 fiscal year
will be carried over to the 2001-2002 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 2000-2001 Budget and Assessment Roll as set forth in
Exhibit "D" and Exhibit "E," rospectively, attached heroto and incorporated heroin as
though fully set forth, upon all pamels of property within Maintenance District No. TS-5,
(NW Promenade, Phase 2), 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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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-5
(NW PROMENADE, PHASE 2)
Fiscal Year 2000-2001
City of Bakersfield, Maintenance District No. TS-5 (NW Promenade, Phase
2), is generally described as a district bounded by a line 1/4 mile north of Rosedale
Highway on the north, Main Plaza Drive on the east, Rosedale Highway on the south and
a line 1/8 mile east of Calloway Drive 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
pamels of property within the district for the cost of maintaining and operating a traffic
signal located on Rosedale Highway at the main entrance to the NW Promenade Phase
2. 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. 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 parcels in the NW Promenade Phase 2. Each parcel
will be assessed on a trip generation bases throughout the district. The Benefit Formula
EXHIBIT "1"
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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 signal is $3,000 to $4,000. All pamels within this district will have a zero
assessment for the 2000-2001 fiscal year. Any costs incurred in the 2000-2001 fiscal year
will be carried over to the 2001-2002 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 2000-2001 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 Distdct No. TS-5,
(NW Promenade, Phase 2), 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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ORIGINAL
MAINTENANCE DISTP,ICT TS-5
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kem, State of California,
being a portion of Section 20, T29 S, R27 E, M.D.B. & M., and more particularly described
as follows:
Beginning at the south quarter comer of said Section 20, being the intersection of
the centerline of Main Plaza Ddve and a line 25 feet south of and parallel to the
centerline of Rosedale Highway;
THENCE (1) North 89° 08' 13" West along the south line of said Section 20, also
being a line 25 feet south of and parallel to the centerline of P, osedale Highway, a
distance of 1803.94 feet, more or less, to the southerly prolongation of the west line
of Parcel 1 of Parcel Map 10726 and the east line of County Fire Station pame1451-
02O-01;
THENCE (2) North 00° 29' 49" East along said west and east lines and southerly
prolongation thereof, a distance of 230.00 feet to the northeast comer of said Fire
Station parcel;
THENCE (3) North 89 o 08' 13" West, along the north line of said Fire Station parcel,
a distance of 150.30 feet;
THENCE (4) North 00° 29' 05" East, a distance of 1096.55 feet;
THENCE (5) South 89° 31' 49" East, a distance of 345.14 feet;
THENCE (6) South 84° 56' 52" East, a distance of 1612.82 feet, to intersect the
centerline of Main Plaza Drive;
THENCE (7) South 00° 26' 27" West, along said centerline, a diStance of 1239.19
feet, to the south quarter corner of said Section 20 and the TRUE POINT OF
BEGINNING.
EXHIBIT "5-A"
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ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(TS-5,NW PROMINADE, PHASE 2) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
BY
MAINTENANCE DISTRICT TS-5
(NW Promenade, Phase 2)
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.
* Since Rosedale Highway is a state highway, the state pays 2/3rds of the cost of the
signal operation and maintenance costs and the district pays 1/3rd.
Assessment amounts could vary substantially during the initial development of the
shopping center. Since only the developed parcels will generate traffic using the signalized
intersection, those parcels will be responsible for the entire cost. The maximum yeady
assessment for all property within Maintenance District No. TS-5 (NW Promenade, Phase
2) shall not exceed $3,000. None of the parcels will be assessed in 2000-2001 since the
signals were not in operation at the beginning of the fiscal year. Any costs incurred in the
2000-2001 fiscal year will be carried over and added to the 2001-2002 costs.
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EXHIBIT "5-C"
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EXHIBIT "5-D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
TS-5 (NW PROMENADE, PHASE 2)
Said assessment is made in accordance with the benefit formula attached hereto,
2000-2001
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
$0.00
$o.oo
$0.00
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EXHIBIT "5-E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-5
(NW Promenade, Phase 2)
FISCAL YEAR 2000-2001
Assessor's Parcel No.
Total
Assessment
451-020-01-00-7
451-020-02-00-0
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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