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HomeMy WebLinkAboutRES NO 135-98RESOLUTION NO. 1 3 5 - 9 $ A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. TS-4 (CALLOWAY, GLENEAGLES), CONFIRMING THE ASSESSMENTS, APPROVING THE iPUBLIC 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. 1180, adopted October 7, 1998, declared its intention to order the establishment of a maintenan(~e 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-4 (Calloway, Gleneagles), as shown and designated on that certain map entitled Map and Assessment Diagram for Traffic Signal Maintenance District No. TS-4, 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 letters from the property owners within Maintenance District No. TS-4 (Calloway, Gleneagles), which waive 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 fits 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 distribts. 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-4 (Calloway, Gleneagles), and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit "1" and incorporated herein by reference) inclading 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-4 (Calloway, Gleneagles). 4. The assessment for Maintenance District No. TS-4 (Calloway, Gleneagles), shall be the total sum of $0.00 for the 1998-99 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-4 (Calloway, Gleneagles). 6. Beginning in the 1999-2000 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 adopted by the Council of the City of Bakersfield at a regular meeting thereof held on 0¢'1' ~ 1 19~8 __, by the following vote: APPROVED: CITY CLERK and Ex Off[~o Clerk of the Council of the City of Bakersfield ; BOB PRliZE MAYOR of the City of Bakersfield APPROVED as to form: AOTING CITY ATTORNEY of the City of Bakersfield Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. TS-4 (Calloway, Gleneagles) 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 13.04 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-4 (Calloway, Gleneagles), 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 herain 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 parcels 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, 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. 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 this 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, 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 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 (Calloway, Gleneagles), 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\M D\TRAFSIG\TS~.RE98 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 1 of Lot Line Adjustment and Certificate of Compliance No. 395 recorded July 21, 1995 as document #0195086304 O.R. EXHIBIT"A" S\P ROJ\M D\Trafsig\] Legals\TS-4 MAP AND ASSESSMENT DIAGRAM FOR TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-4 (Cnlloway, Gleneagles) BAKERSFIELD, CALIFORNIA NOT TO SCALE KERN RIVER FREESIA Y ~ ~5 JAMES W, ~4APLES 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 pareels east of Calloway Ddve (Parcel Map 10406, Parcels 1-4) and fifty percent (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 50% x 24.6% Total adjusted cost x 50% 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\MD\Trafsig\Form ulas\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:\PROJ ECTS\MAIN DIST~TRAF SlG\EXHIBITS\TS~D98 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 $o.oo $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:\PROJECTS\MAINDIST~EXHIBITE/TS~E98 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 1 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 Partnership. a Washingt{m limited parmership, (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)fDeveloper(s): City of Bakersfield: Safecare S.C. Bakersfield/Lynn Limited Partnership a Washington limited parmership Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:~PROJ~,ID\COV~COV-TS $e@-25-98 09:45A P.02 Seplember 22, 1998 City of Bakersfield Public Works Department 1501 Traxtun Avenue Bakersfield, CA 93301 Attention: Marion P. Shaw Subject: Gentlemen: lnclusiou 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 Traffic Signal Maintenance District. This request is pursuant to Resolution 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 ofthc 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 righl 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 maintenan~ district. We furlher waive all rights under Proposition 218 to formally vote for tltese assessments and, by signing this letter, indicate our consent to the assessments. The allocation of maintenance ti:es should be 50 percent Glenwood Gardens and 50 percent Castle 8: Cooke Very Truly yours, GLENWOOD GARDENS BY: CORNERSTONE ENGINEERING-, INC. AS AGENT RCE 36214, Expires 6/00 I.S 5556. Expires 9/01 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 1 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 California Corporation, (hereinafier, "Owner"), in connection ~vith Maintenance District TS-1, located in the City of Bakersfield, California. The real property herein described is located within Maintenance District TS-4and may 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 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\MD\COV~COV-TS-4C 8E~5-G64-GOl? CASTLE & COOKE DEU, 9?3 P02 SEP 25 '98 ll:l? Castle&Cooke CALIFORNIA, INC. Bruce Davis Vice Prts,'~ertt September 23, 1998 City of Bakersfield Public Works Department 1501 Traxtun Avenue Bakersfield. CA 93301 Attention: Marion P, Shaw Stlhject: Inclusion of Lot Line Adjustment in a Traffic Signal Maintenance District Parcel I of Parcel Map 10263. We, the undosigned, as owners of the property iAclud~d within tl~ abov¢-caplione, d maps do hereby request that th~ prope~. be'included within a Trattie Signal Maintenance Dislxict. This rzquest is pursuant to Resolution No. 161-94 in actordance with Municipal Cod~ Section 13,04, Enclosed is the cheek in the amount of $723.00 to cover the costs of formation of the above-n~ntioned district. Further, our engineers will supply you with a disk copy of the mapping information for your us~. We also waive our fight to any and all hearings (whether pursuant to the Brown Act, Proposition 218, its enabling legislation, the Bak~rsfiald Municipal Code, or any other law) concerning the £omlatlon of or inclusion in a maimemm~e district. We further waive all tights under Proposition 21g 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 a~d 50 percent Castle & Cooke. Director of Engineering stant Secretary Laura Whir 'alcex Vice-President CO: Bruce Davis Roger Mcintosh