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HomeMy WebLinkAboutROI NO 1533 RESOLUTION OF INTENTION NO. 1533 A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS DIRECTOR'S REPORT FOR THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THE 2007-2008 BUDGETS; SETTING TIME AND PLACE FOR HEARING PROTESTS ON THE AMOUNT OF ASSESSMENTS TO BE LEVIED THROUGHOUT EACH OF THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS. (WARDS 1, 3, 4, 5, 6 AND 7) 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 Council approved Resolution 161-94 on September 28, 1994, which provides for the collection of maintenance and operating costs for "convenience" traffic signals (as that term is defined in said resolution) through a maintenance district; 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 "I" including the following attachments: (a) description of the property in each of the Traffic Signal Maintenance Districts, as set forth in Exhibits "A", on file in the office of the City Clerk; (b) the improvements to be maintained by each district specifically are traffic signals which benefit the areas within the boundaries as shown on Map and Assessment Diagram for each of the Traffic Signal Maintenance Districts, as set forth in Exhibits "B ", on file in the office of the City Clerk; (c) the benefit formulas for each district as set forth in Exhibits "C", on file in the office of the City Clerk; (d) budgets for each district, containing the matters specified in Section 13.04.120 of the Bakersfield Municipal Code, attached hereto as Exhibits "D"; and (e) the amount of assessments to be levied against each parcel in each district, as set forth in Exhibits "E", on file in the office of the City Clerk. <QMf"\ ~ <Qfl- >-cJ - 1 - !::: >- 0"5). ~'GINALG ORIGINAL 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 reserves the right to perform the work of maintenance and operation of the public improvements within each of the Traffic Signal Maintenance Districts 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. 3. 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 are the Traffic Signal Maintenance Districts which benefit from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon the parcels and lots within each district; and that the exterior boundaries of said Traffic Signal Maintenance Districts are hereby specified and described on those certain maps 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 Exhibits "B", entitled "Map and Assessment Diagram for Traffic Signal Maintenance District, Bakersfield, California." 4. The City Council hereby sets WEDNESDAY, June 6, 2007, AT 6:30 P.M., or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the following matters: FAIRNESS OF THE BENEFIT FORMULA; THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL OF PROPERTY TO BE ASSESSED; RESERVATION BY CITY OF RIGHT TO ELECT WHETHER TO PROCEED TO PERFORM WORK BY CITY FORCES OR BY PRIVATE CONTRACTOR. Any interested person may object to any of the above-listed matters by filing a written protest with the City Clerk at 1501 Truxtun Avenue, Bakersfield, California, at or before said time set for the protest hearing; and said City Clerk shall endorse on each protest the date and hour of its receipt, and at said time appointed for said hearing shall present to the Council all such protests filed with said Clerk. 5. The City Clerk is hereby further directed to cause notice of said protest hearing to be published in accordance with Chapter 13.04 of the Bakersfield Municipal Code. - 2 - 'Ofl-K<t-$> cJ ~ >- - I- rn _ c- o 0 ORIGINAL -000- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAY 9 2007 , by the following vote: ~ ABSTAIN: ABSENT: .......-- ____ v- ___..-- ..........-" L---' COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER f}~ CITY CLERK and Ex Offici erk of the Council of the City of Bakersfield APPROVED MAY 9 2007 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY By: ~7Jh , ~ Attachments: Exhibit "I" Exhibits "D" de S:\PROJ E CTS\MAI NDIST\ TRAFSI G\Roi\ TS_FY07 -OB_AII.doe - 3 - '0 fl-K <t-$> ~ ~ >- .- I- m _ r- o 0 ORIGINAL PUBLIC WORKS DIRECTOR'S REPORT FOR TRAFFIC SIGNAL MAINTENANCE DISTRICTS City of Bakersfield Fiscal Year 2007 - 2008 City of Bakersfield Traffic Signal Maintenance Districts, TS-1 (Marketplace), TS-2 (NW Promenade), TS-3 (Rosedale, Jet Way), TS-4 (Calloway, Gleneagles), TS-5 (NW Promenade, Phase 2), TS-6 (E. Brundage, Hayes), TS-7 (Mt. Vernon, Bernard NE), TS-8 (Calloway, Hageman NE), TS-9 (Gosford Village), TS-12 (Panama and Wible Shopping Center), TS-13 (Panama and Stine Shopping Center) and TS-14 (Ming, S. Allen SE) are generally described in each of the district's Exhibit "A" and are specifically as shown on Maps and Assessment Diagrams under each of the district's Exhibit "B" as Traffic Signal Maintenance Districts within the City of Bakersfield, County of Kern, State of California. Exhibits "A", "B", "C" and "E" for each of the districts are on file in the office of the City Clerk incorporated by reference as though fully set forth herein. Exhibits "D" for each of the districts are attached hereto. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the districts for the cost of maintaining and operating traffic signals that benefit the various districts. 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 luminaries, conduits, wires and pull boxes, cost of energy, 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 of a commercial site. 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 of future convenience traffic signals through maintenance districts. The traffic signals that are operated and maintained under these maintenance districts benefit the parcels within the various districts. Each parcel is assessed an amount based on formulas set forth in each of the district's Exhibit "C". - 4 - '0 fl-K <t-9 cJ ~ >- m I- r- (:) 0 ORIGINAL EXHIBIT "I" NOW, THEREFORE, I, RAUL M. ROJAS, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Fiscal Year 2007-2008 Budgets as set forth in each of the district's Exhibit "D" and Assessment Rolls as set forth in each of the district's Exhibit "E", for all parcels of property within the various Traffic Signal Maintenance Districts, subject to be assessed to pay the cost of maintenance and operation of the above described public improvements in said districts. Dated: Jh.J, t. W> ~'.RAUL M. ROJAS PUBLIC WORKS DIRECTOR CITY OF BAKERSFIELD - 3 - X 'Ofl-K<t-$> o ~ >- - I- rn _ c- o 0 ORIGINAL EXHIBIT "D" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-1 (Marketplace) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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:IPROJ ECTSIMAI N D I 8T1 TRAF81 GlEXH I 81T8_D _EI T8-1 D _ 07 -08 $2,600.00 $0.00 $0.00 $2,600.00 EXHIBIT "D" X 'Ofl-K<t-$> o ~ >- - I- rn _ c- o 0 ORIGINAL EXHIBIT "D" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-2 (Northwest Promenade) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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 8:IPROJ ECT81MAINO 1 8TI T RAF81 GlEXHI 81T8_0 _EI T8-20 _ 07 -08 $866.00 $0.00 $0.00 $866.00 EXHIBIT "D" X 'Ofl-K<t-$> o ~ >- - I- rn - r- o 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-3 (Rosedale, Jet Way) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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:IPROJECTSIMAINOISTlTRAFSIGIEXHI8ITS_0_EITS-30_07 -08 $3,466.00 $0.00 $0.00 $3,466.00 EXHIBIT "D" '0 fl-K <t-$> cJ ~ >- - I- rn _ r o 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-4 (Calloway, Gleneagles) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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:IPROJ ECT51MAI NO 1 STI TRAF51 GlEXH 1 81T5_0 _EI TS-40 _07 -08 $2,600.00 $0.00 $0.00 $2,600.00 EXHIBIT "D" x 'Ofl-K<t-$> o ~ >- - I- rn _ r o 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-5 (NW Promenade, Phase 2) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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 5:IPROJ ECTSIMAI N OISTI TRAFSIGIEXH IBITS_O _EI T5-50 _07 -08 $866.00 $0.00 $0.00 $866.00 EXHIBIT "0" 'Ofl-K<t-$> cJ ~ >- - I- rn _ r- o 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-6 (E. Brundage, Hayes) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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:IPROJECTSIMAI NOISTI TRAF51GIEXH 1 BITS_O _EI TS-60 _ 07 -08 $2,600.00 $0.00 $0.00 $2,600.00 EXHIBIT "0" <'Qfl-K<t1> cJ ~ >- - I- ~ <:) 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-7 (Mt Vernon, N/Bernard) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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:IPROJ ECTSIMAINO 1 STI TRAFSI GlEXH 1 BITS_O _EI TS-70 _07 -08 $2,600.00 $0.00 $0.00 $2,600.00 EXHIBIT "D" x 'Ofl-K<t-$> o % >- - I- rn _ r o 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-8 (Calloway, Hageman NE) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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:IPROJ ECTSIMAI N OISTI TRAFSIGlEXH IBITS_O _EI TS-BO _ 07 -DB $2,600.00 $0.00 $0.00 $2,600.00 EXHIBIT "0" X 'Ofl-K<t-$> o ~ >- - I- rn _ c- o 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-9 (Gosford Village) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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:IPROJ ECTSIMAINO 1 STI TRAFSI GlEXHI BITS_O _EI TS-90 _07 -DB $7,800.00 $0.00 $0.00 $7,800.00 EXHIBIT "0" X 'Ofl-K<t-$> o ~ >- - I- rn _ r- o 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-12 (Panama and Wible Shopping Center) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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:IPROJECTSIMAI NDISTI TRAFSIGIEXH IBITS_D _EI TS-12D _ 07 -DB $2,600.00 $0.00 $0.00 $2,600.00 EXHIBIT "0" X 'Ofl-K<t-$> o ~ >- - I- rn _ r- o 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-13 (Panama and Stine Shopping Center) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) $2,600.00 Less: City Contributions $0.00 $0.00 $2,600.00 Estimated Beginning Fund Balance/(Deficit) NET AMOUNT TO BE ASSESSED S:IPROJ ECTSIMAINDISTI TRAFSI GlEXHI BITS_D _EI TS-13D _ 07 -DB EXHIBIT "0" X 'Ofl-K<t-$> o ~ >- - I- rn - c- o 0 ORIGINAL EXHIBIT "0" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-14 (Ming, S. Allen SE) Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 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 $0.00 $0.00 S:\PROJECTS\MAINDIST\TRAFSIG\EXHIBITS_D_E\TS-14D_07 -DB EXHIBIT "D" x 'Of>.K<t-s> o % )... ..- I- rn _ r- o 0 ORIGINAL 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 10th day of May. 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1533. passed by the Bakersfield City Council at a meeting held on the~day of May. 2007 and entitled: A RESOLUTION PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS DIRECTOR'S REPORT FOR THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS AND THE 2007-2008 BUDGETS; SETTING TIME AND PLACE FOR HEARING PROTESTS ON THE AMOUNT OF ASSESSMENTS TO BE LEVIED THROUGHOUT EACH OF THE TRAFFIC SIGNAL MAINTENANCE DISTRICTS. (WARDS 1, 3, 4, 5, 6 AND 7) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~ DEPUTY C Y Clerk S:\DOCUMENT\FORMS\AOP .ORD. wpd ~ ~t>./(S'-9 c ~ ~ - I-- m _ r- (,) C;) ORIGINAL