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2000-136
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF AN ACQUISITION ASSESSMENT DISTRICT LOCATED IN
THE NORTHPARK BOULEVARD AND MOUNTAIN DRIVE AREA WITHOUT
COMPLIANCE WITH THE INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931; DECLARING ITS INTENTION TO ORDER THE
ACQUISITION OF CERTAIN IMPROVEMENTS WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1018; 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 an Acquisition
Assessment District within the City, to be known as Assessment District No. 1018, Northpark
Boulvard and Mountain Drive Acquisition 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.1 018, the boundaries of which are generally as follows:
Generally bounded on the North by the North line of North park Boulevard, on the
South by the centerline of Hill Drive, on the West by the centerline of "H" Street
and the East line of Tract No. 14448 and on the West by the centerline of Mountain
Drive.
Reference is hereby made to the Engineer's Report on file in the office of the City Clerk of said
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2000-136
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RESOLUTION DECLARING THE INTENTION TO FORM AN ACQUISITION ASSESSMENT
DISTRICT IN THE NORTHPARK AND MOUNTAIN AREA (AD 1018)
City for a map of the boundaries of said district, a description of the improvements, the costs of
construction for said improvements, and a proposed assessment roll which Report and Assessment
District Boundary Map are hereby preliminarily approved.
SECTION 2. It is the intention of said Mayor and Common Council to order the
acquisition of certain improvements within the district which improvements consist of the
installation of perimeter landscaping along portions of Northpark Boulevard, portions of "H"
Street, portions of Mountain Drive and portions of Hill Drive, all within the boundaries of Tract
14448 and the median along Northpark Boulevard within and adjacent to the North line of the
Tract No. 14448; the installation of perimeter sidewalk along portions of North park Boulevard,
portions of "H" Street, portions of Mountain Drive and portions of Hill Drive; and perimeter block
walls along portions of Northpark Boulevard, portions of Hill Drive and portions of Mountain
Drive. The cost of installation of said improvements is $218, 128.40. Reference is hereby made
to said Engineer's Report for additional details.
SECTION 3. The installation of said improvements is of more than local or ordinary
public benefit, and that said Mayor and Common Council do hereby make the expense of said
installation and improvements 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
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2000-136
1 RESOLUTION DECLARING THE INTENTION TO FORM AN ACQUISITION ASSESSMENT
DISTRICT IN THE NORTHPARK AND MOUNTAIN AREA (AD 1018)
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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 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:
The developer of Tract No. 14448 has paid for the costs of said improvements relative to the
development of said Tract and has entered into a Reimbursement Agreement with the City of San
Bernardino, dated August 19, 1996, on file in the office of the City Clerk and in the office of the
City Engineer of said City. The cost of said improvements, as set forth in said Engineer's report,
shall be assessed against the properties within the boundaries of the Assessment District. Said
Assessments shall be collected over a period of fifteen (15) years. Interest shall be chargeable at
a rate of seven percent (7%) per annum on the unpaid portions of the total assessment. Said
assessments will also include administrative and incidental costs not to exceed ten percent (l 0%)
of the assessment amount and shall be collected on the regular property tax bill. 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 July 24, 2000, at the hour of 10:00
a.m., and that a public hearing will be held on August 7, 2000, 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
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RESOLUTION DECLARING THE INTENTION TO FORM AN ACQUISITION ASSESSMENT
DISTRICT IN THE NORTHPARK AND MOUNTAIN AREA (AD 1018)
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. August 7, 2000.
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 August 7, 2000. 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 August 7, 2000, 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
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2000-136
RESOLUTION DECLARING THE INTENTION TO FORM AN ACQUISITION ASSESSMENT
DISTRICT IN THE NORTHPARK AND MOUNTAIN AREA (AD 1018)
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27 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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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 ofthe 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 12.90.040C of the San Bernardino
Municipal Code.
II/
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2000-136
RESOLUTION DECLARING THE INTENTION TO FORM AN ACQUISITION ASSESSMENT
DISTRICT IN THE NORTHPARK AND MOUNTAIN AREA (AD 1018)
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3 Common Council of the City of San Bernardino at a Joint Regular meeting thereof
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held the 19th
on
to-wit:
Council Members: AYES
x
ESTRADA
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ x
x
ANDERSON
MCCAMMACK x
, 20~, by the following vote,
June
day of
NAYS
ABSTAIN ABSENT
~~-p_ h.~
CIty rk
The foregoing resolution is hereby approved this .:2:l... day of ~/-t.L
~~
, 20 li'L.
Esther Estrada
Mayor Pro Tern
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: L1~
(l
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