HomeMy WebLinkAboutRES NO 165-01RESOLUTION NO.
A RESOLUTION ESTABLISHING MAINTENANCE
DISTRICT NO. TS-7 (MT. VERNON, BERNARD NE),
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. 1250, adopted October 24, 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-7 (Mt.
Vernon, Bernard NE), as shown and designated on that certain map entitled Map and
Assessment Diagram for Traffic Signal Maintenance District No. TS-7, 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 owner of
the property within Maintenance District No. TS-7 (Mt. Vernon, Bernard NE), 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 owner also has submitted a Proposition 218 Ballot (Official Assessment Ballot)
indicating his consent to the assessments; and
WHEREAS, on September 25, 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:
1. The foregoing recitals are true and correct and incorporated herein by
reference.
2. The Council hereby establishes Maintenance District No. TS-7 (Mt.
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Vernon, Bernard NE), 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-7 (Mt. Vernon,
Bernard NE).
4. The assessment for Maintenance District No. TS-7 (Mt. Vernon, Bernard
NE), shall not exceed $3,000 per year. The assessment for the 2001-2002 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-7 (Mt. Vernon, Bernard NE).
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.
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O~;GINAL
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
NOV lA Z001 , by the following vote:
AYES:
NOES:
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
COUNCIL MEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
CITY CLERK and Ex Officio//,~lerk of the
Council of the City of Bakersfield
APPROVED: NOV 1'4'Z001'
HARVEY L. HALL
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"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-7
(MT. VERNON, BERNARD NE)
Fiscal Year 2001-2002
City of Bakersfield, Maintenance District No. TS-7 (Mt. Vernon, Bernard NE),
is generally described as a district bounded by Highway 178 on the north, a line 1400 feet
east of Mt. Vernon Avenue on the east, Bernard Street on the south and Mt. Vernon
Avenue 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 Mt. Vernon Avenue, north of Bernard Street, at the entrance to the
proposed Home Depot Center. 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 the Home Depot Center. Each parcel will be assessed a
proportional share of 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
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EXHIBIT "1" , ~'~Ei~
O~',GINAL
resolution as though fully set forth herein. The estimated annual cost for maintenance and
operation of the traffic signal shall not exceed $3,000. 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-7, (Mt.
Vernon, Bernard NE), subject to be assessed to pay the cost of maintenance and
operation in said district.
Dated:
~--"L..,,._~ ._
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
G:\PRO J\M D\TRAFSIG\Roi\TS-7 ROI
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MAINTENANCE DISTRICT TS-7
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 22, T 29 S, R 28 E, M. D. B. & M., and more particularly
described as follows:
Commencing at the west quarter corner of said Section 22, said point also being the
intersection of centerlines of Mt. Vernon Avenue and Bernard Street; thence North
00 ° 15' 20" West, along the centerline of Mt. Vernon Avenue, a distance of 661.69
feet, to the TRUE POINT OF BEGINNING
THE NCE (1) Continuing North 00 ° 15' 20" West, along said centerline of Mt. Vernon
Avenue, a distance of 195.38 feet;
THENCE (2) North 89° 44' 40" East, a distance of 55.00 feet, to intersect the east
right of way line of said Mt. Vernon Avenue;
THENCE (3) North 00° 15' 20" West, along said east right of way line, a distance
of 50.00 feet;
THENCE (4) North 89° 44' 40" East, a distance 0f 48.00 feet;
THENCE (5) North 00° 15' 29" West, a distance of 259.81 feet;
THENCE (6) North 05° 27' 40" East, a distance of 27.37 feet, to the beginning of a
tangent curve, concave southeasterly having a radius of 38.00 feet;
THENCE (7) Northeasterly along said curve through a central angle of 66 o 48' 03",
an arc distance of 44.30 feet, to the beginning ora reverse curve, concave westerly
having a radius of 50.00 feet;
THENCE (8) Northeasterly and Northwesterly along said curve, through a central
angle of 130° 06' 16", an arc distance of 113.54 feet;
THENCE (9) North 00° 42' 05" East, a distance of 8.00 feet;
THENCE (10) North 89° 18' 03" East, a distance of 1175.83 feet;
THENCE (11 ) South 00° 18' 31" East, along said north right of way line, a distance
of 1324.32 feet, to intersect the centerline of Bernard Street;
EXHIBIT "A"
THENCE (12) South 89° 20' 34" West, along the centerline of said Bernard Street,
a distance of 660.42 feet;
THENCE (13) North 00° 16' 55" West, a distance of 661.92 feet;
THENCE (14) South 89° 19' 22" West, a distance of 660.14 feet, to intersect the
centerline of Mt. Vernon Avenue and the TRUE POINT OF BEGINNING.
S:\PROJECTS\MAINDIST~TRAFSIG\Legals\TS-7.wpd
EXHIBIT "A"
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D
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MAP AND ASSESSMENT DIAGRAM
FOR
TRAFFIC SIGNAL MAINTENANCE
DISTRICT NO. TS-7
(MT. VERNON, BERNARD NE)
BAKERSFIELD, CALIFORNIA No, To scaLE
N89'18'03"E 1519.66'
N89'18'05"E 1175.85'
685.8
PARCEL B "~'----~'-
PARCEL C
DISTRICT BOUNDARY
S89'19'22'W 660.14'
LINE TABLE
LINE LENGTH BEARING
L1 195.38 NOO'15'20"W
L2 55,00 N89'44'40"E
L3 50,00 NO0'15'20"W
L4 48.00 Nsg'44'40"E
L5 259.81: NOO'lS'29"W
L6 27.,37 NO5'27'40"E
L7 8.00' NOO'42'OS"W
CURVE TABLE
CURVE DELTA LENGTH RADIUS
C1 66'48'03" 44.30' 38.00'
C2 130'06'16" 113.54' 50.00'
kWEST 1/4 CORNER SEC~ON 22 T29 S. R28 E
660.44'
N89'20'34"E 1320.88'
PARCEL A
660.42'
'"-~ BERNARD STREE
......... 20__; SAID ASSESSMENT DIAGRAM AND
THE ASSESSMENT ROLL WERE RECORDED IN TH[ OFFICE 0~' THE
MAINTENANCE DISTRICT TS-7
(Mt. Vernon, N/Bernard)
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed a percentage of the total operating and maintenance cost
proportional to the trips generated by that parcel, adjusted for prior year fund balance or
deficit.
The amount to be assessed to each parcel is calculated as follows:
(1)
Calculate the total number of trips generated by each building using the City
Average Daily Trips (ADT) rates.
(2) Add the total number of trips (1) of all buildings in each parcel.
(3) Add the total number of trips (2) of all buildings in all parcels.
(4)
Divide the total number of trips of each parcel (2) by the total number of trips in all
parcels (3). This is the propor/ionate share of the total assessment for each
parcel.
(5)
Multiply the result of (4) times the total cost of the district for each parcel. This is
the amount to be assessed to each parcel.
Assessment amounts could vary substantially during the initial development within the
district. Since only the developed parcels will generate traffic using the signalized
intersection, those parcels will be responsible for the entire cost. The maximum yearly
assessment for all property within Maintenance District No. TS-7 (Mt. Vernon, Bernard NE)
shall not exceed $3,000. None of the parcels will be assessed in 2001-2002 since the
signals were not in operation at the beginning of the fiscal year. Any costs incurred in the
2001-2002 fiscal year will be carried over and added to the 2002-2003 costs.
S:\P rojects\MAI N DIST\TRAFSIG\Form ulas\TS-7.wpd
EXHIBIT "C"
EXHIBIT "D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
TS-7 (Mt. Vernon, Bernard NE)
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
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EXHIBIT E
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-7
(Mt. Vernon, Bernard NE)
FISCAL YEAR 2001-2002
Assessor's Parcel No.
Total
Assessment
129-010-02-01-6
129-010-03-00-0
129-010-09-00-8
129-010-27-00-0
$0.00
$o.oo
$o.oo
$o.oo
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"