HomeMy WebLinkAbout1993-432
1 RESOLUTION NO. 2~=433______
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE MAIN-
3 TENANCE ASSESSMENT DISTRICT LOCATED IN THE MILL/BURNEY AREA: DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
4 ASSESSMENT DISTRICT NO. 1012, AND WAIVING NOTICE AND HEARING.
5 WHEREAS, the City of San Bernardino (hereinafter called "City") as
6 an exercise of its municipal affairs powers has enacted an Assessment Dis-
7 trict Ordinance (Municipal Code Chapter 12.90) to provide for the procedure
8 for the formation of assessment districts within the City; and
9 WHEREAS, it has now become necessary to consider the formation of
10 a landscape maintenance assessment district within the City, to be known as
11 Assessment District No. 1012;
12 NOW, THEREFORE, 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 Munic-
15 ipal Code, the Mayor and Common Council of said City hereby preliminarily
16 find and determine that the public convenience and necessity require, and it
17 is the intention of the Mayor and Common Council to form Assessment District
18 No. 1012, the boundaries of which are generally as follows: the property
19 involved is bounded on the North by Poplar Street, on the South by Mill
20 Street, and encompasses all of Tract No. 15093.
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Reference is hereby made to the Engineer's Report on file in the
22 office of the City Clerk of said City for a map of the boundaries of said
23 district, a description of the type of improvement, an estimated cost of the
24 maintenance, and a proposed assessment roll which Report and Assessment
25 District Map are hereby approved.
26 SECTION 2. It is the intention of said Mayor and Common Council
27 to order improvements within the district, which improvements consist of,
28 but are not limited to, the maintenance of landscaping and appurtenant
11/15/93 1
93-443
RESOLUTION OF INTENTION: LANDSCAPE MAINTENA~CE ASSESSMENT DISTRICT NO. 1012
1 facilities in portiolls of the Southerly side of Poplar Street, the Northerly
2 side of Mil I Street, and in easements gr-anted for landscape maintenance
3 purposes on the recorded map of Tract 15093. The estimated cost of the
4 first year's maintenance, including incidental costs, is $10,385.00.
5 The district also includes the future maintenance of those areas
6 of the front yards where easements were granted to the City on the map of
7 Tract 15093, in case of owner neglect.
8 SECTION 3. Said contemplated work and improvements is of more
9 than local or ordinary public benefit, and that said Mayor and Common Coun-
10 cil do hereby make the expense of such work and improvement chargeable upon
11 the district, which district is hereby declared to be the district benefited
12 by said proposed work and improvement, and to be assessed to pay the cost
13 and expense thereof. All public streets or alleys, or portions thereof,
14 hereby are excepted from said assessment.
15 SECTION 4. The assessment benefit procedure to be fol lowed and
16 the amount to be assessed against each particular parcel will be a propor-
17 tion of the total sum of the cost of the maintenance and incidentals within
18 the area in relation to the number of single family units within the area of
19 the boundaries of the assessment district. Reference is hereby made to said
20 Engineer's Report on file in the office of the City Clerk for a detailed
21 estimated individual assessment.
22 The assessments for the front yard own.er neglect shall be the
23 actual cost of maintenance of such front yard, assessed against that partic-
24 ular parcel only.
25 SECTION 5. The assessment financing alternative to be fol lowed
26 shall be as follows, to-wit:
27 The estimated cost of the first year's maintenance, as set forth
28 in the Engineer's Report, shall be assessed against the properties involved
11/15/93 2
93-443
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11/15/93
RESOLUTION OF .INTENTION: LANDSCAPE MAINTENAijCE ASSESSMENT DISTRICT NO. 1012
for the fiscal year immediately following the establishment of the district.
Tbis assessed amount is to be used as a source of pre-funding the first
year's maintenance contract and inc idental costs. Once the dish'iet has
assumed the responsibi lity for the maintenance, the pr.operties shall he
assessed each year ther'eafter for the actual contract and incident a 1 r.osts,
If there is a surplus from the estimated assessment over the actual first
contract and incidental costs, then such surplus shall be applied as a
credit to the following year's assessment. 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 the City for
the repayment to the City of said annual contract and incidental costs.
The City shall recover interest on each year's funding of the cost
of maintaining the landscaping. Said interest shall be at the average rate
as the City is receiving on other City funds during the period of expendi-
ture.
The costs of the miiintenance contract and incidentals will he
collected in perpetuity unless otherwise terminated by the City.
SECTION 6. That the City elects to proceed without Notice and
Hearing pursUimt to Section 12.90.040C(5) of the Municipal COlle as the
request represents 100'l, of the property owners liable to be assessed for the
maintenance.
SECTION 7. A copy of this resoJution and a map showing the exte-
rior 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 insper.tion by
any person or persons interested. This map shall govern for aJ] details as
to the extent of the proposed improvement district.
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9J-4r.J
RESOLUTI9N OF .INTENTION: LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. JOl2
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3 ~~gul~,,-.__~__~ meeting
on the 6th
of
thereof
held
day
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December
, 1993, by the following vote. to-wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN
-_._.~._-_._._~. .-------..--
NEGRETE X
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CURLIN X
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HERNANDEZ X
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OBERHELMAN . -X..
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DEVLI N --x-
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POPE-LUDLAM X
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MILLER X
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ABSENT
The
foregoing
&dlSaJ}l()Ji~______________.__
Rachel Clark, City Cler'k
W x}alr7dA-flJhNLt/;{u/ ~9tfi!iJ
resofution is hereby approved this _i!:D_L day
of December , 1993.
)1
-~2~.LJJ!u~-~-----------
Tom Minor, Mayor
City of San Bernardino
24 Approved as to form
and legal content:
25
26 James F. Penman,
City Attorney
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