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Home My WebLink AboutRES NO 136-01RESOLUTION NO. 1 36-0~.! A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. TS-6 (E. BRUNDAGE, HAYES), CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC 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. 1249, adopted August 22, 2001, declared its intention to order the establishment of a maintenance 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-6 (E. Brundage, Hayes), as shown and designated on that certain map entitled Map and Assessment Diagram for Traffic Signal Maintenance District No. TS-6, 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 a letter from the chairman trustee of the St John Missionary Baptist Church within Maintenance District No. TS-6 (E. Brundage, Hayes), which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for a maintenance district. The chairman trustee also has submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the assessments; 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 districts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: reference. 1. The foregoing recitals are true and correct and incorporated herein by -1- ORiGiNAL 2. The Council hereby establishes Maintenance District No. TS-6 (E. Brundage, Hayes), and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit "1" and incorporated herein by reference) including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits"A" and "B" describe Maintenance District No. TS-6 (E. Brundage, Hayes). 4. The assessment for Maintenance District No. TS-6 (E. Brundage, Hayes), shall not exceed $3,000 per year. The assessment for the 2000-2001 fiscal year shall be zero. The benefit formula (Exhibit "C"), the budget (Exhibit "D"), and the assessment roll (Exhibit "E") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect assessments for Maintenance District TS-6 (E. Brundage, Hayes). 6. Beginning in the 2002-2003 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 .......... -:2- OR;GIi~AL 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 SEP 5 ~_~1 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBER CARSON, BENHAM, MACGARD, COUCH,~ANGO;~ SULLIVAN, SALVAGGIO COUNCILMEMBER ~o ~ COUNCILMEMBER COUNCILMEMBER ~ CITY CLERK and Ex Offici~lerk of the Council of the City of Bakersf~ld APPROVED: SEP 5 ?_~1 MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S:\PROJECTS\MAINDIST\TRAFSIG\Estab\TS-6re01 .WPD -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 Distdct Procedure, the Public Works Director makes and files this Report and proposed assessment of and upon all pamels of property within the district for the cost of maintaining and operating a traffic signal located on E. Brundage Road 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 operation of the 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~TRAFSlG\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 centedine 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; EXHIBIT "A" 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 00 ° 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 EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-2 E. Brundage, Hayse) BAKERSFIELD, CALIFORNIA NOT TO SCALE EAST BRUNDAGE ~NOT A PART S 89'52'25" E 715.72' LANE / '~o !o< /' o /' ~ FREEWAY NO. 58 (VI-KER-58) / -- DISTRICT BOUNDARY BY EX6BIT '~'i 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, adjusted for prior year balance or deficit, shall be assessed to parcel I 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:\PROJ ECTS\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 $0.00 $0.00 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. TS-6 (E. BRUNDAGE, HAYES) FISCAL YEAR 200'1-2002 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 $o.oo $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $o.oo ~o.oo $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S/PROJECTS/MAIN DIST/EXHIBITE\TS-6EO 1 EXbtlBIT "E~