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Home My WebLink AboutROI NO 1249RESOLUTION OF INTENTION NO. 1249 A RESOLUTION DECLARING INTENTION TO ESTABLISH TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-6, (E. BRUNDAGE, HAYES) 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 chairman trustee of the St John Missionary Baptist Church has requested a traffic signal at an entrance to the proposed Church site on E. Brundage Lane; and WHEREAS, said traffic signal is not required by the Traffic Authority and is therefore considered a "convenience" traffic signal; and WHEREAS, City Council Resolution No. 161-94 provides for the collection of maintenance and operating costs for "convenience" traffic signals, to be paid for by properties benefitting from such signals, through maintenance districts; and WHEREAS, the chairman of the board of trustees of the St John Missionary Baptist Church has 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-6, (E. Brundage, Hayes), generally described in Exhibit '%" attached hereto, to maintain and operate the local improvements including a traffic signal; and WHEREAS, the Public Works Director has on this date fi led 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 ~t~ - 1- i% signal adjacent to the property within the boundaries as shown on Map and Assessment Diagram for Traffic Signal Maintenance District No. TS-6 (E. Brundage, Hayes), 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 (not to exceed $3,000 per parcel), attached hereto as Exhibit "E" and incorporated as though fully set forth; and WHEREAS, the City of Bakersfield has received a letter from the chairman of the board of trustees of the St John Missionary Baptist Church, owner of the property described as Parcel 1 of Parcel Map 10715, 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 owner has submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the assessments. 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 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-6, (E. Brundage, Hayes) Bakersfield, California," for Fiscal Year 2001-2002, 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 forces, 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- 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 AU6 ~ 2001 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~0~ COUNCILMEMBER iX.JO ~ COUNCILMEMBER ~ ~)~ CITY CLERK and Ex Officio Clerl~'/~f the Council of the City of Bakersfield APPROVED AUG 2 2 t001 MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN City Attorney S:\PROJ\MD\TRAFSIG\Roi\TS-6ROI Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-6 (E. BRUNDAGE, HAYES) Fiscal Year 2001-2002 City of Bakersfield, Maintenance District No. TS-6 (E. Brundage, Hayes), is generally described as a district bounded by E. Brundage Lane on the north, The Union Pacific Railroad on the east, Highway 58 on the south and a line 1400 feet west of Cottonwood Road 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 parcels of property within the district for the cost of maintaining and operating a traffic signal located on E. Brundage Raod at Hayes Street. 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. 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 St John Missionary Baptist Church. The church parcel(s) will be assessed the cost of maintaining and operating the traffic signal. 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 -~_- EXHIBIT "1" operation of the traffic signal is $3,000 to $4,000. All parcels within this district will have a zero assessment for the 2001-2002 fiscal year. Any costs incurred in the 2001-2002 fiscal year will be carried over to the 2002-2003 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 2001-2002 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-6, (E. Brundage, Hayes), 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 G:\PRO J\M D\TRAFSIG\Roi\TS-6 ROI -2- MAINTENANCE DISTRICT TS-6 LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 5, T 30 S, R 28 E, M.D.B. & M., and more particularly described as follows: Commencing at the northeast corner of said Section 5, being the intersection of the centerlines of E.Brundage Lane and Cottonwood Road, thence North 89° 52' 25" West, along the centerline of said E. Brundage Lane, a distance of 703.23 feet, to intersect the northwesterly right of way line of the Southern Pacific Railroad, and the TRUE POINT OF BEGINNING: THENCE (1) South 41° 15' 14" West, along said railroad right of way line, a distance of 531.95 feet, to intersect the north right of way line of Highway 58; THENCE (2) North 89° 35' 22" West, along said highway right of way, a distance of 138.06 feet; THENCE (3) North 89° 52' 50" West, a distance of 227.89 feet; THENCE (4) North 00° 07' 35" East, a distance of 400.03 feet, to intersect the centerline of E. Brundage Lane, hereinafter referred to as "Point A"; THENCE (5) South 89° 52' 25" East, along said centerline, a distance of 715.72 feet, to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM the following 2 parcels: Parcel 1: Commencing at the above referenced "Point A", thence South 89° 52' 25" East, along the centerline of E. Brundage Lane, a distance of 199.98 feet; thence South 00° 07' 35" West, a distance of 45.00 feet to the TRUE POINT OF BEGINNING; THENCE (1) South 89° 52' 25" East, a distance of 75.00 feet; THENCE (2) South 00° 07' 35" West, a distance of 105.00 feet; THENCE (3) North 89° 52' 25" West, a distance of 75.00 feet, to a point hereinafter referred to as "Point B"; THENCE (4) North 00° 07' 35" East, a distance of 105.00 feet to the TRUE POINT OF BEGINNING. Parcel 2: Commencing at the above referenced "Point B", thence South 00c' 07' 35" West, a distance of 35.00 feet to the TRUE POINT OF BEGINNING; THENCE (1) South 89° 52' 25" East, a distance of 5.00 feet; THENCE (2) South 00° 07' 35" West, a distance of 10.00 feet; THENCE (3) North 89° 52' 25" West, a distance of 10.00 feet; THENCE (4) North 00° 07' 35" East, a distance of 10.00 feet; THENCE (5) South 89° 52' 25" East, a distance of 5.00 feet, to the TRUE POINT OF BEGINNING. S:\PROJ ECTS\MAINDIST\TRAFSIG\Legals\TS-6.wpd MAP AND ASSESSMENT DIAGRAM FOR TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-2 E. Brundage, Hayse) BAKERSFIELD, CALIFORNIA i NOT TO SCALE EAST BRUNDAGE S 89'52'25# E 718.72' IN 89'52'25" W NOT A PART I§ 227.89' 138.06' ,/' S 89'52'50" E S 89'35'22" E / FREEWAY NO. 58 (VI-KER-58) /' / / DISTRICT BOUNDARY BY MAINTENANCE DISTRICT TS-6 (E. Brundage, Hayes) 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: One hundred percent (100%) of the total operating and maintenance cost of the district shall be assessed to parcel 1 of Parcel Map No. 10715 when that map is recorded. Until that time the cost of the district shall be proportioned by net area to each of the parcels listed on Exhibit "E". S:\PROJECTS\MAINDIST\TRAFSIG\Formulas\TS-6.wpd EXHIBIT "C" EXHIBIT "D" TRAFFIC SIGNAL MAINTENANCE DISTRICT TS-6 (E. BRUNDAGE, HAYES) Said assessment is made in accordance with the benefit formula attached hereto. 2001-2002 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 $o.oo $0.00 S:/PROJECTS/MAINDIS~TPCtFSIG/EXHIBITS/TS-6D01 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. TS-6 (E. BRUNDAGE, HAYES) FISCAL YEAR 2001-2002 Assessor's Parcel No. 168-141-10-00~0 168-141-11-00-3 168-141-12-00-6 168-141-14-00-2 168-141-15-00-5 168-141-16-00-8 168-141-17-00-1 168-142-04-00-0 168-142-06-00-6 168-142-07-00-9 168-142-08-00-2 Total Date: Total Assessment $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $o.oo $0.00 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S/PROJECTS/MAIN DIST/EXHIBITE/TS-6E01 E¥1.-I:I~IT "1::'¢ ;'?;~F3hqAL 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 23rd day of Auaust ,2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1249 .passed by the Bakersfield City Council at a meeting held on the 22nd day of Auqust 2001, and entitled: A RESOLUTION DECLARING INTENTION TO ESTABLISH TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-6, (E. BRUNDAGE, HAYES) 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. /s/PAMELA A. McCARTHY City Clerk ofthe City of Bakersfield B Depu"~ City Clerk "~ ~ S:\Document\FORMS~AOP.ROI.wpd August 23, 2001 ORtglNAL