HomeMy WebLinkAbout1996-145
ROll017
Rev OS/24/96
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96-145
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCATED IN THE KENDALL DRIVE AND PINE A VENUE AREA; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1017, APPROVING PRELIMINARY
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 assessment district within the City, to be known as Assessment District No.1 0 17,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. 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. 1017, the boundaries of which are generally as follows:
Generally bounded on the south by the centerline of Kendall Drive, the North
by the centerline of Irvington A venue, on the East by the centerline of old Pine
Avenue and the East line of Tract No. 15642 and on the West by the West line
of Tract No. 15642 and the West lines of Assessor's parcels 0261-201-15 and
261-201-16.
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
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RES 96-145
ROIl 017
Rev OS/24/96
RESOLUTION OF iNTENTION RELATIVE TO THE FORMATION 0;' A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE KENDALL AND PINE AREA (AD 1017)
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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 Kendall Drive, portions of New Pine
Avenue, portions of the Metropolitan Water District's property and within certain easements
dedicated for landscape maintenance.
The estimated cost of said maintenance for the first year, including incidental costs is
$22,100.53.
The District also includes the future maintenance along portions of New Pine Avenue,
along portions of the South side ofIrvington Avenue and along portions of the North and South
sides of Washington Avenue.
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 residential units on each parcel as it relates to the total number of
residential units, 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
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RES 96-145
ROIIOl7
Rev OS/24/96
RESOLUTION OF INTENTION RELATIVE 10 THE FORMATION OF A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE KENDALL AND PINE AREA (AD 1017)
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proposed assessment amount against each parcel.
SECTION 5. The assessment financing alternative to be followed 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 the 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 shall be applied as a credit to the following year's assessment. Interest will be charged
on any portion of the assessments which are not pre-funded through previous assessments. The
interest rate shall be bases 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 July 15, 1996, at the hour of
10:00 a.m., and that a public hearing will be held on August 5, 1996, 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
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RES ~6-l45
ROll017
Rev OS/24/96
RESOLUTION OF INTENTION RELATIVE TO THE FORMATION OF A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE KENDALL AND PINE AREA (AD 1017)
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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
protests 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 the
10:00 a.m. August 5, 1996. 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 said public hearing on August 5, 1996.
If by the conclusion of said public hearing on August 5, 1996, protests have been filed
and not withdrawn by property owners representing over 50% of the assessment units to be
assessed, as defined herein and also in said Engineer's Report, the proceedings shall be
abandoned unless the protests are overruled by an affirmative vote of 4/5's of the members of
the Council present and voting, as set forth in Section 12.90.040D of the San Bernardino
Municipal Code.
Additional information may be obtained by contacting the Department of Public Works,
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.
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RES 96-145
ROIIOI?
Rev OS/24/96
RESOLUTION OF INTENTION RELATIVE TO THE FORMATION OF A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE KENDALL AND PINE AREA (AD 1017)
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SECTION 8. The City Clerk is hereby authorized and directed to publish a copy of this
resolution in the 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.
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RES '6-145
RESOLUTION OF INTENTION RELATIVE TO THE FORMATION OF A LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT IN THE KENDALL AND PINE AREA (AD 1017)
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a regular
ROIIOI?
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thereof held on the 3rd
following vote, to-wit:
Council Members: AYES
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
meeting
day
June
19~, by the
of
NAYS
ABSTAIN ABSENT
(~0-L CA!.-/L-/-k..
City rk
The foregoing resolution is hereby approved this6;1d day of June , 19 96 .
Approved as to form
and legal content:
JAMES F. PENMAN,
City A.~.. orney
//1
";J- 7i"~
.._~
~-' t
/ rC?r1, PU~:ert
'TOM MINOR, Mayor
City of San Bernardino
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