HomeMy WebLinkAbout1993-099
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RESOLUTION NO.
93-99
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 PEPPER AND RANDALL AREA AND
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1007 , AND WAIVING NOTICE AND HEARING AND
RESCINDING RESOLUTION NO. 92-381 AND RESOLUTION NO. 92-276.
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, the Mayor and Common Council of said City on the 20th day of
July, 1992 adopted Resolution of Intention No. 92-276 and on the 23rd day of
September , 1992, adopted Resolution No. 92-381, amending said Resolution
No. 92-276; 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. 1007;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO THAT:
SECTION 1. Resolution No. 92-276 and Resolution No. 92-381 are hereby
19 rescinded: and
20 SECTION 2. Pursuant to Chapter 12.90 of the San Bernardino Municipal
21 Code, the Mayor and Common Council of said City hereby preliminarily find
22 and determine that the public convenience and necessity require and it is
23 the intention of the Mayor and Common Council to form Assessment District
24 No. 1007, the boundaries of which are generally as follows:
25 Generally bounded on the North by the South lines of Tract Nos. 12775
26 and 6869; on the South by the North line of San Bernardino County Flood
27 Control District property; on the East by the centerline of Meridian Avenue
28 and on the West by the centerline of Pepper Avenue.
03-09-93
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RES 93-99
RESOLUTION OF INTENTION AND RESOLUTION RESCINDING RESOLUTION NOS. 92-381 AND
92-276 RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1007, IN THE PEPPER AND
RANDALL AREA.
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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 type of improvement. an estimated cost of the
improvement, and a proposed assessment roll which Report and Assessment
District Map are hereby approved.
SECTION 3.
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 along portions of the
9 East side of Pepper Avenue and the West side of Meridian Avenue, within the
10 boundaries of the District.
11 The estimated cost of said maintenance, including incidental costs is $
12 4,841 for the first year.
13 The maintenance authorized by the district also includes setback areas
14 of each parcel, and certain easements for landscape maintenance purposes
15 granted to the City on Tract Map No. 15315, within the boundaries of the
16 district, which will only be maintained in the event of owner neglect.
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Said contemplated work and improvements is of more than
SECTION 4.
18 local or ordinary public benefit, and that said Mayor and Common Council do
19 hereby make the expense of such work and improvement chargeable upon the
20 district, which district is hereby declared to be the district benefited by
21 said proposed work and improvement, and to be assessed to pay the cost and
22 expense thereof.
All public streets or alleys, or portions thereof, and
23 property belonging to the San Bernardino County Flood Control District are
24 hereby excepted from said assessment.
25 SECTION 5. The assessment benefit procedure to be followed and the
26 amount to be assessed against each particular parcel will be a proportion of
27 the total sum of the cost of said maintenance and incidentals within the
28 area in relation to the number of single family residences within the
03-09-93
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RESOLUTION OF INTENTION AND RESOLUTION RESCINDING RESOLDTION NOS. 92-381 AND
92-276 RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1007, IN THE PEPPER AND
RANDALL AREA.
RES 93-99
1 boundaries of the assessment district. Reference is hereby made to said
2 Engineer's Report on file in the office of the City Clerk for a detailed
3 estimated individual assessment.
4 SECTION 6. The assessment financing alternative to be followed shall
5 be as follows, to-wit:
6 The cost of the maintenance shall be pre-funded by the City through an
7 inter-fund loan from the Sewer Line Construction Fund, and the assessment
8 levied, collected and enforced in the same manner, at the same time, and
9 with the same penalties and interest as in the case of taxes levied for the
10 City for the repayment to the City of said pre-funding.
11 The City shall recover interest on each year's pre-funding of cost
12 maintenance of landscaping. Said interest shall be at the prevailing
13 portfolio rate as the City is receiving on other City funds during the
14 period of expenditure.
15 The costs of the maintenance contract and incidentals will be collected
16 in perpetuity unless otherwise terminated by the City.
17 SECTION 7. Setback area maintenance shall include, but not be limited
18 to, front and side yard maintenance within the setback area of each parcel,
19 and certain easements dedicated to the City of San Bernardino on said Tract
20 Map No. 15315, and shall only be maintained in the event of owner neglect,
21 and the costs for such maintenance, along with incidental costs and
22 interest, will be assessed only to the parcel on which such work is
23 performed. Said assessments will be collected in the same manner as stated
24 herein.
25 SECTION 8. That the City elects to proceed without Notice and Hearing
26 pursuant to Section 12.90.040C(5) of the Municipal Code as the request
27 represents 100~ of the property owners liable to be assessed for the
28 maintenance.
03-09-93
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RES 93-99
RESOLUTION OF INTENTION AND RESOLUTION RESCINDING RESOLOTIONNOS. 92-381 AND
92-276 REI.ATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1007, IN THE PEPPER AND
RANDALL AREA.
1 SECTION 9. A copy of this resolution and a map showing the exterior
2 boundaries of the proposed improvement district with relation to the
3 terri tory immediately contiguous thereto and to the proposed improvement
4 will be on file with the City Clerk and will be available for inspection by
5 any person or persons interested. This map shall govern for all details as
6 to the extent of the proposed improvement district.
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03-09-93
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RES 93-99
RESOLU,ION OF INTENTION AND RESOLUTION RESCINDING RESOL~TION .NOS. 92-381 AND
92-276 RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1007, IN THE PEPPER AND
RANDALL AREA.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San
Bernardino at
a
reqular meeting thereof held on the
~..h day
of
April
, 19~, by the following vote, to-wit:
Council Members:
AYES NAYS ABSTAIN ABSENT
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x
x
x
x
x
x
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
C~~~
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day of
16 The foregoing resolution is hereby approved
April , 19~
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22 Approved as to form
and legal content:
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JAMES F. PENMAN,
"Jomo,
By: W'~ I.
fc~
03-09-93
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