HomeMy WebLinkAbout2001-049
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RESOLUTION NO. 2001-49
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 WATERMAN AVENUE AND WASHINGTON STREET AREA;
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1027, 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 exeIcise of its
municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter
12,90) to provide for the procedure of the formation of assessment districts within the City; and
WHEREAS, it has now become necessary to consider the formation of a landscape
maintenance assessment district within the City, to be known as Assessment District No.1 027,
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 it is of
public convenience and necessity and that it is the intention of the Mayor and Common Council
to form Assessment District No, 1027, the boundaries of which are generally as follows:
Generally bounded by the centerlines of Commercial Road on the North, Waterman
Avenue on the East, Washington Street on the South, and Wier Road, Heritage
Lane and Foxcroft Way on the West, all within the boundaries of Tract Nos, 15826
and 15991, and within a certain easement granted to the City of San Bernardino by
the City of Colton,
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03/08/0 I
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2001-49
RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE WATERMAN AVE AND WASHINGTON ST AREA (AD 1027).
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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
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 Waterman Avenue,
Washington Street, Wier Road, Heritage Lane, Foxcroft Way, Commercial Road, Carol Way and
Beverly Drive all within Tract Nos, 15826 and 15991, and within a certain easement granted to the
City of San Bernardino by the City of Colton, along the north side of Washington Street. The
estimated cost of said maintenance for the first year, including incidental costs is $33,707,70, of
which $3,297.35 is determined to be a general benefit not assessable to the Assessment District,
as set forth in said Engineer's Report. The net assessable amount is $30,410,35, plus interest, for
a total of$32,233,97,
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 except for portions determined to be a general benefit, as set forth herein, 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
03/08/0 I
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,
2001-49
RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE WATERMAN AVE AND WASHINGTON ST AREA (AD 1027).
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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 assessment, 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 shall be as follows, to-wit:
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 ofthe 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,
03/08/01
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2001-49
RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE WATERMAN AVE AND WASHINGTON ST AREA (AD 1027),
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 May 7, 2001, at the hour of 10:00
a,m" and that a public hearing will be held on May 21, 2001, at the hour of 10:00 a,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, 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 10:00 a,m, on May 21, 2001,
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 May 21, 2001. 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 ofthe
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 May 21, 200 I, protests have been filed and
not withdrawn by property owners representing over 50% of the assessment units to be assessed,
03/08/01
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2001-49
RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE WATERMAN AVE AND WASHINGTON ST AREA (AD 1027),
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or ballots returned representing over 50% ofthe 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) 384-5111 or by writing to same at 300 N, "D" Street, San
Bernardino, California, 92418,
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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03/08/0 I
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2001-49
RESOLUTION DECLARING THE INTENTION TO FORM A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE WATERMAN AVE AND WASHINGTON ST AREA (AD 1027).
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the MayoI and
Common Council of the City of San Bernardino at a j oint regular
held on the
19th
day of
7 Council Members: AYES
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19 The foregoing resolution is hereby approved this d 'e,"- day of
6 to-wit:
meeting thereof
March
, 20 -.2.!...., by the following vote,
NAYS
ABSTAIN ABSENT
ESTRADA X
LIEN X
MCGINNIS X
SCHNETZ X
SUAREZ X
ANDERSON X
MCCAMMACK X
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Approved as to form
and legal content:
JAMES F, PENMAN,
City Attorney
By: iJ&rvh 7-. ~~_
o ' ,
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03/08/01
March
,20~.
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