HomeMy WebLinkAbout1993-417
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RESOLUTION NO.
93-417
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A SEWER
3 CONSTRUCTION ASSESSMENT DISTRICT LOCATED IN THE QUAIL CANYON AREA; DECLARING
ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
4 ASSESSMENT DISTRICT NO. 1011; AND NOTICING A TIME AND DATE OF A PUBLIC
MEETING AND A TIME AND DATE OF A PUBLIC HEARING.
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6 WHEREAS, the City of San Bernardino (hereinafter called "City") as an
7 exercise of its municipal affairs powers has enacted an Assessment District
8 Ordinance (Municipal Code Chapter 12.90) to provide for the procedure for the
9 formation of assessment districts within the City; and
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WHEREAS, it has now become necessary to consider the formation of a
11 sewer construction assessment district within the City, to be known as
12 Assessment District No.1011; and
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WHEREAS, as a further exercise of the powers vested in the City by
14 virtue of Section 19, Article XVI, California Constitution, the City intends
15 to conduct a meeting and a public hearing to discuss the proposed assessment
16 district
and hear protests, if any, as to why the district should not be
17 formed and the acquisitions and improvements completed, without compliance
18 with the Special Assessment Investigation, Limitation and Majority Protest
19 Act of 1931;
20 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO THAT:
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SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino Municipal
23 Code, the Mayor and Common Council of said City hereby preliminarily find
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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.
lOll, the
boundaries of which are generally as follows:
Bounded on the
27 North by certain property lines lying Southerly of Quail Hollow Road, on the
28 South by the Northerly terminus of Mountain Avenue, and on the East and West
10-19-93
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93-417
RESOLUTION. OF INTENTION RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1011
(QUAIL CANY9N AREA SEWER CONSTRUCTION DISTRICT).
1 by certain property lines lying Easterly and Westerly of the Northerly
2 prolongation of said Mountain Avenue, said boundaries being more particularly
3 shown on Assessment District Boundary Map No. lOll, prepared by the
4 Department of Public Works as drawing No. 8950.
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Reference is hereby made to the Engineer's Report on file in the
6 office of the City Clerk of said City for a map of the boundaries of said
7 district, a description of the type of improvement, an estimated cost of the
8 improvement and a proposed assessment roll which Report and Assessment
9 District Map are hereby approved.
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SECTION 2. It is the intention of said Mayor and Common Council to
11 order improvements within the district which improvements consist of, but are
12 not limited to, the construction of a sewer main and appurtenant facilities
13 in Quail Court, Quail Hollow Road and within certain easements generally
14 located between Mountain Avenue and Quail Court.
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The estimated cost of said construction, including incidental and
16 administrative costs is $130,584.00. The total assessment per parcel will be
17 approximately $21,764.00. The first years assessment is estimated to be
18 $4,352.80, per parcel, including interest and will reduce each year
19 thereafter for the term of the district.
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SECTION 3. Said contemplated work and improvements are of more than
21 local or ordinary public benefit, and that said Mayor and Common Council do
22 hereby make the expense of such work and improvement chargeable
upon the
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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
26 hereby excepted from said assessment.
27 SECTION 4. The assessment benefit procedure to be followed and the
28 amount to be assessed against each particular parcel will be a proportion of
10-19-93
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93-417
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RESOLCTIO\ DF IKTENTION RELATIVE TO PROPOSED ASSESS~ENT DISTRICT NO. 101'
(QUAIL' CAHO.N AREA SEWER CONSTRUCnO\ DISTRICT).
1 the total cost of construction and incidentals in relation to the number of
2 sewer laterals provided to each parcel. Reference is hereby made to said
3 Engineer's Report on file in the office of the City Clerk for a detailed
4 estimated individual assessment.
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SECTION 5. The assessment financing alternative to be followed shall
6 be as follows, to-wit:
7 The cost of the construction shall be pre-funded by the City from the
8 Sewer Construction Fund and the assessment levied, collected and enforced in
9 the same manner, at the same time, and with the same penalties and interest
10 as in the case of taxes levied for the City for the repayment to the City of
11 said pre-funding.
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The assessment for said district shall be made and collected as
13 follows: The costs of installation, construction and incidentals will be
14 collected over a period of ten (10) years with interest at the rate of 10~
15 per annum on the unpaid balance which remains unpaid for thirty days after
16 the date of recording of the Notice of Assessment with the County Recorder.
17 SECTION 6. That notice is hereby given that on December 20, 1993,
18 at the hour of 10:00 a.m., in the Council Chambers, in the City Hall of said
19 City, 300 N. "D" Street, San Bernardino, California, there shall be a public
20 meeting before the mayor and Common Council to discuss the proposed
21 assessment district and on January 3, 1994, at the hour of 10:00 am, at the
22 place set forth above for said meeting, there shall be a public hearing
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before said Mayor and Common Council for the purpose of determining whether
the public convenience and necessity require the formation of the proposed
improvement
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
construction.
10-19-93
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RESOLCfIOK .OF INTENTIOK RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1011
(QUAIL- CANYQN AREA SEWER CONSTRUCTION DISTRICT)_
1
At said public meeting and hearing, any and all persons interested
2 may appear and show cause, if any they have, why the Mayor and Common Council
3 should not find and determine that the public convenience and necessity
4 require the formation of the proposed district without compliance with the
5 Special Assessment Investigation, Limitation and Majority Protest Act of
6 1931; on the question of estimated cost, and the intention of the Mayor and
7 Common Counc il to proceed to order work within the district.
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SECTION 7. At said public meeting and hearing, all persons will be
9 heard, any holder of title to taxable real property within the boundaries of
10 the proposed district may file a protest in writing with the City Clerk, not
11 later than the hour hereinabove set for hearing, containing therein a
12 description of the property in which the signer thereof is interested
13 sufficient to identity the same, and, if the signers are not shown on the
14 last equalized assessment roll as the owners of such property, must contain
15 or be accompanied by written evidence that such signers are the owners of
16 such property. The basis for determining the existence of a majority protest
17 shall be based on the number of laterals per lot or parcel in proportion to
18 the total number of laterals installed within the entire district.
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The City Clerk is authorized and directed to cause
SECTION 8.
a
20 copy of this resolution to be published in a newspaper of general circulation
21 in the City, and that said Clerk shall cause
Notice of said public meeting
22 and public hearing to be sent to all property owners owning property within
23 the proposed district as set forth in Section 12.90.040C of the San
24 Bernardino Municipal Code.
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SECTION 9. A copy of this resolution and a map showing the exterior
26 boundaries of the proposed improvement district with relation to the
27 territory immediately contiguous thereto and to the proposed improvement will
28 be on file with the City Clerk and will be available for inspection by any
10-19-93
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{{~,~ 11
RESOLeTION OF INTENTION RELATIVE TO PROPOSED ASSESSMENT DISTRICT NO. 1011
(QUAIL CANY?N AREA SEWER CONSTRUCTION DISTRICT).
1 person or persons interested. This map shall govern for all details as to
2 the extent of the proposed improvement district.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the
and Common Council of the City of San Bernardino at
Mayor
a
meeting thereof held on the
day
of
15th
reCJnlar
November
, 19 93, by the following vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
x
CURLIN
x
HERNANDEZ
x
OBERHELMAN
x
DEVLIN
x
POPE-LUDLAM
x
MILLER
x
Nnvpmhpr
Nwlu.f ClCL L {
City Clerk , \_J-
t'Lf ylLllcllIrJlli([U1CL_, D[f'[((f-
\1"":. "
resolution is hereby approved this ,>:" .,,1\
, 19--2L.
of
The foregoing
day
.. ) ,
-/ ' /"{ ,
'<;'r)1' / / /'/'
. r/,/ ( (,/ '>'_'~~' ~
trOM MINOR/Mayor
City of San Bernardino
24 Approved as to form
and legal content:
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JAMES F. PENMAN,
CHy momey ~
~, 40J
10-19-93
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