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