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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. -2- 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 S:\PROJ\M D\TRA FSIG\Roi\TS-4ROI Attachments: Exhibit "1" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" -3- 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 -2- 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 S:\PROJECTSIMAINDIS%TRAFSJGIEXHIBITSITS~D98 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 S:/PROJECTS\MAINDIS~EXHIBITE~TS~E98 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. S:\PROJ\M D\COV\COV-TS-4C 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. S:\PROJ\MD\COV\COV-1 S 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 S:\DOCUME NT~FORMS~AOPOSTINGROI.WPD October 12, 1998