HomeMy WebLinkAbout2002-231
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RESOLUTION NO. 2002-231
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCATED IN THE OHIO AVENUE AND WALNUT AVENUE AREA WITHOUT
COMPLIANCE WITH THE INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER
WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO.
1028; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING
NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING.
WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its
municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter
12.90) to provide for the procedure for the formation of assessment districts within the City; and
WHEREAS, it has now become necessary to consider the formation of a landscape
maintenance assessrnent district within the City, to be known as Assessment District No. 1028,
Ohio Avenue and Walnut Avenue Area Landscape Maintenance Assessment District.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the
Mayor and Common Council of said City hereby preliminarily find and determine that the public
convenience and necessity require and it is the intention of the Mayor and Common Council to
form Assessment District No. 1028, the boundaries of which are generally as follows:
Generally bounded on the north by the centerline of Ohio Avenue; on the east by
the centerline of Walnut Avenue; on the west by the centerline of Olive Avenue;
and on the south by the southerly boundary of Tract No. 14193.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said
City for a map of the boundaries of said district, a description of the maintenance, an estimated cost
of the maintenance, and a proposed assessment roll which Report and Assessment District Map are
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE OHIO A VENUE AND WALNUT AVENUE AREA <AD 1028)
hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order
improvements within the district which improvements consist of, but are not limited to, the
maintenance of landscaping and appurtenant facilities along portions of the south side of Ohio
Avenue; along portions of the west side of W alnut Avenue; along portions of the north side of
Meyers Road; and along portions of the east side of Olive Avenue, all within Tract No. 14193. The
estimated cost of said maintenance for the first year, including incidental costs is $10,894.60.
SECTION 3. Said contemplated work and improvements is of more than local or ordinary
public benefit, and that said Mayor and Common Council do hereby make the expense of such
work and improvement chargeable upon the district, which district is hereby declared to be the
district benefited by said proposed work and improvement, and to be assessed to pay the cost and
expense thereof. All public streets or alleys, or portions thereof, are hereby excepted from said
assessment.
SECTION 4. The assessment benefit procedure to be followed and the amount to be
assessed against each particular parcel will be based upon the basis of a single residential unit being
one assessment unit and the percentage of costs will be assessed proportional to the percentage of
the total assessment units on each parcel as it relates to the total number of assessments, actual or
by formula, within the district. Reference is hereby made to said Engineer's Report, on file in the
office of the City Clerk of said City for full particulars and proposed assessment amount against
each parcel.
SECTION 5. The assessment financing alternative to be followed shall be as follows,
to-wit:
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE OHIO AVENUE AND WALNUT AVENUE AREA (AD 1028)
The estimated cost of the first year's maintenance, as set forth in said Engineer's report, shall be
assessed against the properties involved within the current fiscal year or the fiscal year following
the establishment of the district. Depending on when the costs are assessed relative to when the
maintenance is assumed by the City, this assessed amount can be used as a source of pre-funding
the first year's maintenance contract and incidental costs. Once the district has assumed the
responsibility for the maintenance, the properties shall be assessed each year thereafter to establish
a source of pre-funding each year's costs, or for the actual contract and incidental costs. If there
are surplus amounts in the event of pre. funding of costs, then such surplus may be applied as a
credit to the following year's assessment or retained in a reserve to offset future increases. Interest
will be charged on any portion of the assessments which are not pre-funded through previous
assessments. The interest rate shall be based upon the average rate of the City's current earnings
on invested funds during the period of expenditure. The assessment shall be levied, collected and
enforced in the same manner, at the same time, and with the same penalties and interest as in the
case of taxes levied for property taxes. Said assessments will be collected in perpetuity, or until
terminated by the Mayor and Common Council. Reference is made to said Engineer's Report for
full particulars.
SECTION 6. NOTICE IS HEREBY GIVEN that a public meeting will be held before the
Mayor and Common Council of the City of San Bernardino on August 19,2002, at the hour of
4:00 p.m., and that a public hearing will be held on September 9, 2002, at the hour of 4:00 p.m.,
both in the Council Chambers of City Hall, 300 N. "D" Street, San Bernardino, California for the
purpose of determining whether the public convenience and necessity require the formation of the
proposed maintenance district without compliance with the Special Assessment Investigation,
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE OHIO AVENUE AND W ALNUT AVENUE AREA (AD 1028)
Limitation and Majority Protest Act of 1931 and whether the Mayor and Common Council should
proceed with ordering the above described improvements. At said public meeting and public
hearing, any person may appear and file objections relative to the proposed district, the proposed
maintenance or the costs thereof. Any person owning property within the proposed district may
protest against said district, the proposed maintenance or the costs thereof, by filing a written
protest with the City Clerk, 300 N. "D" Street, San Bernardino, California, 92418, prior to 4:00
p.m., September 9, 2002. Each protest must be signed by the owners thereof and must contain
sufficient information to properly identifY said property. No action will be taken to approve the
formation of the district until the conclusion of said public hearing on September 9, 2002. All
property owners within the proposed district will also be mailed ballots which may be used to
indicate support of or opposition to the proposed assessment. A majority protest shall exist if the
total amount of assessments shown on the ballots returned in opposition to the assessment is greater
than the total assessment amount of ballots returned in support of the assessment. All ballots must
be received in the Office of the City Clerk by no later than the time and date of the public hearing
as stated herein.
If by the conclusion of said public hearing on September 9, 2002, protests have been filed
and not withdrawn by property owners representing over 50% of the assessment units to be
assessed, or ballots returned representing over 50% of the assessment amount of the returned
ballots, these proceedings shall be abandoned and no assessments shall be imposed.
Additional information may be obtained by contacting the Department of Development
Services, Real Property Section, at (909) 384-5026 or by writing to same at 300 N. "D" Street, San
Bernardino, California, 92418.
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE OHIO A VENUE AND WALNUT AVENUE AREA (AD 1028)
SECTION 7. A copy of this resolution and a map showing the exterior boundaries of the
proposed improvement district with relation to the territory immediately contiguous thereto and to
the proposed improvement will be on file with the City Clerk and will be available for inspection
by any person or persons interested. This map shall govern for all details as to the extent of the
proposed improvement district.
SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
Resolution in the San Bernardino County Sun, a newspaper of general circulation published in the
City, and shall cause Notice to be mailed as required by Section l2.90.040C of the San Bernardino
Municipal Code.
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RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE OHIO A VENUE AND W ALNUT AVENUE AREA (AD 1028)
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof
held on the 15th day of Julv
Council Members: AYES NAYS
ESTRADA X
LIEN x
MCGINNIS X
DERRY X
SUAREZ X
ANDERSON X
MCCAMMACK X
, 20~, by the following vote, to-wit:
ABSTAIN ABSENT
yj[u'Ld~frlt~t/J) /J2pfj_
City Clerk
July
The foregoing resolution is hereby approved this /1
,20~.
Approved as to form
and legal content:
j
JAMES F. PENMAN,
City A orney
. Ic'!
By:
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