HomeMy WebLinkAboutROI NO 1180RESOLUTION OF INTENTION NO. 1180
A RESOLUTION DECLARING INTENTION TO ESTABLISH
MAINTENANCE DISTRICT NO. TS-4, (CALLOWAY,
GLENEAGLES) PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE
PROPOSED DISTRICT, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL.
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 property owners have requested the City Council to establish a
maintenance district in accordance with the procedures established therefor by Chapter 13.04 of
Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director
recommends such formation; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to order
the establishment of a maintenance district, which district shall be designated Maintenance District
No. TS-4, (Calloway, Gleneagles), generally described in Exhibit "A" attached hereto, to maintain
and operate the local improvements including a traffic signal; 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 "1 ", containing
the following:
(a)
a description of property in the proposed maintenance district, attached
hereto as Exhibit "A" and incorporated:as though fully set forth;
(b)
the improvements to be maintained by this district specifically is a traffic
signal adjacent to the property within the boundaries as shown on Map and
Assessment Diagram for Traffic Signal Maintenance District No. TS-4
(Calloway, Gleneagles), Exhibit "B", on file in the offices of the City Clerk
and Public Works Director of the City. All such improvements will be
constructed only after plans therefore have been filed with and approved by
the City Engineer;
(c) the Benefit Formula set forth as Exhibit "C";
(d) a Budget, Exhibit "D," containing the matters specified in Section 13.04.120
of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each parcel, attached hereto as
Exhibit "E" and incorporated as though fully set forth; and
WHEREAS, the City of Bakersfield has received letters from the owners of the
property described as Parcel Map 10406 and Parcel Map 10263, Parcel I which waives any and all
hearings (whether pursuant to the Brown Act, Proposition 218, its enabling legislation, the
Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for a
traffic signal maintenance district. The owners also waive all rights under Proposition 218 to
formally vote on the assessments and indicate their consent tc. the assessments
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The tbregoing recitals are true and correct and are incorporated herein.
2. 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 is
the district benefitting from said local improvements; that the expense of maintaining and operating
said improvements is hereby made assessable upon said district; and that the exterior boundaries of
said district are hereby specified and described to be as shown on that certain map 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 Exhibit "B", attached hereto and incorporated in this resolution as though fully set forth
herein, entitled "Map and Assessment Diagram for Traffic Signal Maintenance District No. TS-4,
Bakersfield, California," for Fiscal Year 1998-99, which map indicates by a boundary line the extent
of the territory included in said proposed district and shall govern for all details as to the extent of
the maintenance district.
3. The City Council hereby reserves the right to perform the work of maintenance
and operation of the public improvements by City tbrces, such determination and election to be
made for each year at the time the budget and assessment is approved for the year in question.
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Council of
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
the ~it~8of Bakersfield at a regular meeting thereof held on
0~'[' 0 , by the following w)te:
APPROVED
OCT 0 ? 19~
lakersfield
APPROVED as to fonn:
ROBERT M. SHERFY F f/
ACTING CITY ATTORNEY ofth~ City of Bakersfield
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Attachments:
Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
MAINTENANCE DISTRICT NO. TS-4
Fiscal Year 1998-1999
WHEREAS, on WEDNESDAY, October 7, 1998, the Council of the City of
Bakersfield adopted its Resolution of Intention No. 1180 to order the establishment of a
maintenance district pursuant to the provisions of Chapter 13,1)4 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-4, is generally described as a
district bounded by the proposed Kern River Freeway on the north, the Cross Valley Canal on the
east and south and the Rio Bravo Canal 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 pareels of property within the
district for the cost of maintaining and operating a traffic signal located on Calloway Drive and
Gleneagles Drive. 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.
EXHIBIT "1"
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 on each side of Calloway Drive at Gleneagles Drive.
The parcels east of Calloway Drive, Parcel Map 10406, will be assessed fifty percent (50%) of the
maintenance district cost and the parcel west of Calloway Drive, Parcel Map 10263, Parcel 1, will
be assessed fifty percent (50%) of the cost. The Benefit Formula 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
parcels within this district will have a zero assessment for the 1998-99 fiscal year. Any costs
incurred in the 1998-99 fiscal year will be carried over to the 1999-2000 fiscal year.
NOW THEREFORE, l, 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 1998-99 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-4, subject to be assessed to pay the cost of
maintenance and operation in said district.
Dated:
RAI~M. ROJAS
Director of Public Works
City of Bakersfield
G :\PROJ\M D~TRA FSIG\Roi/TS-4ROI
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MAINTENANCE DISTRICT TS-4
LEGAL DESCRIPTION_
Two parcels of land situated in the City of Bakersfield, County of Kern, State of California, being
portions of Section 36, T 29 S, R 26 E and Section 31, T 29 S, R 27 E, M.D.B. & M., and more
particularly described as follows:
Parcel 1: Parcel 1 of Parcel Map 10263 recorded August 28, 1996 in book 48 of parcel maps at
page 60, in the office of the Kern County Recorder.
Excepting therefrom: The reservation for the proposed Kern River Freeway.
Parcel 2: Parcel I of Lot Line Adjustment and Certificate of Compliance No. 395 recorded July 21,
1995 as document #0105086304 O.R.
EXHIBIT "A"
S\PROJ\M D\Tmfsig\]Legals\TS-4
MAP AND ASSESSMENT DIAGRAM
FOR
TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-4
(Calloway, Gleneagles)
BAKERS~IE LD, CALIFORNIA
NOT TO SCALE
OF
COMPLIANCE
TH£ ASS£SSMENT ROLL ~,~FE ~ECOPDEB IN TH£ OCFICL OF THL
EXHIBIT: '~B"' '
MAINTENANCE DISTRICT TS-4
(Calloway, Gleneagles)
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed a percentage of the total operating and maintenance cost, adjusted for prior
year fund balance or deficit, as calculated below:
Fifty percent (50%) of the total operating and maintenance cost of the district, adjusted for prior year
balance or deficit, shall be assessed to the parcels east of Calloway Drive (Parcel Map 10406, Parcels 1-4)
and fifty percem (50%) shall be assessed to the parcel west of Calloway Drive (Parcel Map 10263, Parcel
1).
Parcels east of Calloway Drive, (Parcel Map 10406) shall be assessed as follows:
Parcel 1
Parcel 2
Parcel 3
Parcel 4
Total adjusted cost x 50% x 36.7%
Total adjusted cost x 5(}% x 24.6%
Total adjusted cost x 5(}% x 38.7%
No charge.
None of the parcels will be assessed for the 1998-99 fiscal year since the signals are not in operation. Any
costs incurred in the 1998-99 fiscal year will be carried over to 1999-2000.
S\PROJ\M D\Trafsig\Formulas\TS 4
EXHIBIT "C"
EXHIBIT "D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
TS-4 (CALLOWAY, GLENEAGLES)
Said assessment is made in accordance with the benefit formula attached hereto.
1998-1999
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balancel(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$o.oo
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EXt,J IBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-4
(Calloway, Gleneagles)
FISCAL YEAR 1998 - 1999
Assessor's Parcel No.
409-260-08-00-9
500-020-31-00-1
Total
Date:
Total
Assessment
$0.00
$0.00
$.0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E" '
~:-
805-664-6017 CASTLE ~ COOKE DEU. 9?3 P02 SEP 25 ~98 11:17
Castle&Cooke
CALIFORNIA, INC.
September 23, 1998
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Attention: Marion P. Shaw
Subject:
Inclusion of Lot Line Adjustment in a Traffic Signal Maintenance District Parcel I of Parcel
Map 10263.
Gentlemen:
We, the undersigned, as owners of the property included within the above-captioned maps do hereby request
that the property be included within a Traffic Signal Maintenance District. This request is pursuant to
Resolution No 161-94 in accordance with Municipal Code Section 13.04.
Enclosed is the chock in the ,amount of $723,00 to cover the costs of formanon of the above-mentioned
district. Further, our engineers will supply you with a disk copy of the mapping information for your use.
We also waive our right to ally and all hearings (whether pursuant to the Brown Act, Proposition 218, its
enabling legislation, the Bakersfield Municipal Code, or any other law} concen~ng the lotmarion of or
inclusion in a maintenance district.
We furth~ waive all rights under Proposition 218 to formally vote for these assessments and, by signing this
letter, indicate our consent to the assessments.
The allocation of maintenance fees should be 50 percent Glenwood Gardens and 50 percent Castle & Cooke,
Director of £ngine~ring
stant ScerCtary
Laura Whitak~
Vice-President
CC: Bruce Davis
Roger Mcintosh
10000 Ming Avenue (93311) * ~0 Bo~ 11165 * Bakcr~fieid, CA 9&389-1165- /805/664-6507. Fax 1805~
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 10263, Parcel I
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
AND WAIVER OF PROPOSITION 218 PROCEDURES
THIS COVENANT is executed on this __ day of ,199__ by
Castle & Cooke Commercial-CA, Inc., a Califomia Corporation, (hereinalter, "Owner"), in connection with
Maintenance District TS-I, located in the City of Bakersfield, Calilbrnia.
The real property herein described is located within Maintenance District TS-4 and may $e
assessed Ibr maintenance of a traffic signal within the district. The undersigned owner/developer further
agrees and covenants that it waives all rights, 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 intersection.
This covenant may not be amended or modified without the prior approval of the City of
Bakersfield. This covenant shall mn with the land.
Dated this __ day of
Owner(s)/Developer(s):
Castle & Cooke Commercial-CA, Inc.
a California Corporation.
,199
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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Se@-25-98 09:45A P.02
September 22. 1098
City of Bakersiield
Public Works Department
1501 Truxtun Avenue
Bakersfield. CA 93301
Attentiun: Marion P Shaw
S[lbjcctl
Gentlemen:
Inclusion of Lot Line Adjustment in a Traffic Signal Maintenance District
Parcel 1 ofl~ot I.ine Adjustment No. 395 (21 37 Acres)
We, the undersigned, as owners of the property included within the above captioned maps do
hereby request that the property be included within a Trat}ic Signal Maintenance District. This
request is pursuant to gesolution No. 161-94 in accordance with Municipal Code Section
13.04.
Enclosed is a check in the amount of $732 00 to cover the costs of the formation of the above
mentioned district. Further, our engineers will supply you with a disk copy of the mapping
information for your use
We also waive our right to any and all hearings (whether pursuam to the Brown Act,
Proposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other law)
concerning the fbrmation of or inclusion in a maintenance district
We filtlher waive all rights under Proposition 218 to fbrmally vote for these assessments and,
by signing this letter, indicate our consent to the assessments
The allocation of maintenance f~es should be 50 percent Glenwood Gardens and 50 percent
Castle & Cooke
RCE 36214, Expires 6/00 /.S 5556, Expires 9/01
Very Truly yours.
GI,ENWOOD GARDENS BY:
CORNERSTONE ENGINEERING, INC. AS AGENT
cobgig doc
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 10406, Parcels I through 4
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
AND WAIVER OF PROPOSITION 218 PROCEDURES
THIS COVENANT is executed on this day of , 199__ by
Safecare S.C. Bakersfield/Lynn Limited Pannership, a Washington limited partnership, (hereinafter,
"Owner"), in connection with Maintenance District TS-1, located in the City of Bakersfield, California.
The real property herein described is located within Maintenance District TS-4 and may be
assessed for maintenance of a traffic signal within the district. The undersigned owner/developer further
agrees and covenants that it waives all rights, 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 intersection.
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 ,199__.
Owner(s)/Developer(s):
Safecare S.C. Bakersfield/Lynn Limited Partnership
a Washington limited pannership
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 12th day of October ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1180 ,
passed by the Bakersfield City Council at a meeting held on the 7th day of October.
1998. and entitled:
A RESOLUTION DECLARING INTENTION TO ESTABLISH
MAINTENANCE DISTRICT NO. TS-4, (CALLOWAY,
GLENEAGLES ) PRELIMINARILYADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT, THE BOUNDARIES OF THE PROPOSED
DISTRICT, THE FAIRNESS OF THE BENEFIT FORMULA,
AND THE AMOUNT OF ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL.
/sJ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DE~-UTY City Clerk
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October 12, 1998