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HomeMy WebLinkAbout1992-081 1 I<ESOLlJTlON NO. 92-81 2 RESOLUTION OF TilE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING TIIAT PUBLIC CONVENIENCE AND NECESSITY I<EQUIRE THE FORMATION OF A LANDSCAPE 3 INSTALLATION AND MAINTENANCE ASSESSMENT DISTRICT LOCATED ALONG TilE PARKWAYS AND MEDIAN STRIPS OF WATERMAN AVENUE BETWEEN BASELINE SmEET AND INTERSTATE 4 10; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN TilE DISTRICT, TO BE KNOWN AS ASSESSMENT DI8TI<ICT NO. 1000; AND SETTING AND DIRECTlNb 5 PUBLICATION OF NOTICE OF A TIllE AND DATE OF A PUBLIC HEARING. 6 7 WHEREAS, the City of San Bernardino (hereinafter called "City") 'is an 8 exercise of its municipal affairs powers has enacted an Assessment. District 9 Ordinance (Municipal Code Chapter 12.90) to provide for the procedure 101' the 10 formation of assessment. districts within the City; and 11 12 13 14 WHEREAS, it has now become necessary to consider the formation of a Landscape Installation and Maintenance Assessment Distdct within the City, to be known as Assessment District No. 1000; and 15 WHEREAS. as a further exercise of the powers vested in the City by 16 virtue of Section 19, Article XVI. Cali fornia Consti tution. the City intends 17 to conduct d hearing and hear protests, if any. as to why the district should 18 not be formed and the acquisitions and improvements completed. without com- 19 pliance with the Special Assessment Investigation. Limitation and Majority 20 Pr'otest Act of 1931; 21 22 23 24 25 26 27 28 NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TilE CITY OF SAN BERNARDINO THAT: SECTION 1. Pursuant to Chapt.er 12.90 of the San Bernardino Municipal Code. the Mayor and Common Council of said City hereby preliminarily find and determine t.hat the public convenience and necessity require, nod it is III 02-10-92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLIITTON 0)' INTENTION All 1000 the intention of the Mayor and Common Council to fonn Assessment District No. 1000, the boundaries of which are generally as follows: all those portions of those certain subdivisions lying East and West of Waterman Avenue between the Interstate 10 Freeway and Baseline Street and between the East and West boundary lines of the district as delineated on the proposed boundary map; which District is divided into zones according to benefit. 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, an explanation of the zones contained therein, a description of the type of improvement, an estimated cost of the improvement and a proposed assessment roJ I which Report and Assessment District Map an' hereby approved. SECTION 2. It is the intention of said Mayor and Common Council to order improvements within the district which consist of, but are not limited to, the installation and maintenance of miscellaneous types at ground cover, trees, shrubs, turf, hardscape surfaces, and their appurtenant irrigation systems and facilities in the median strips and parkways along Waterman Avenue between Baseline Street and the Tnterstate 10 Freeway. The estimated cost of said installation, including incidental costs is $ 987,500.00, which is estimated to he $ 197,500.00 tor the first year. The estimated cost of said maintenance, ine! uding incident,d costs is $ 81,280.00 for one year. local hereby SECTION 3. Said contemplated work and improvements is of more than or ordinary public benefit, and that said Mayor and Common Council do make the expense of such work and improvements chargeable upon the III 02-10-92 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JiF:SOJ,I'T!O'\ or .!ST'.:NTlO\ i\[J ! :JOO <Iistrict, which <Iist:!'ict is hereby declared to be the district benefited by said proposf~d wor"k cmd improvement, and to be assessed lo pay the eos t and expenses thereof. All public streets or alleys, or portions thereof, hereby are excepted from said dssessment. SECTION 4. The aSSRssment benefit procedure to be followed drj(l the amount to be assessed ilgainst each particular parcel will be d proportion of the total sum of the cost of the installation, maintenance, amI incidentals wi thin the area in relation to the number of potenti,,1 single family paree 1 s (dssessable units) within the district. Reference is hereby made to said Engineer's Report on file in the office 01 the City Clerk for il detai led estimated individual assessment. SECTION 5. The assessment financing alternative to be followed shall be as follows, to-wit: The costs shall be pre-funded by the City and the assessment levied, collected dnd enforce{~ in the same manner, <it the same time, and wilh the same penalties and interest as in the case of taxes levied for the City for the repayment to the <:i ty for silid pr'e-funding. The City shall recover interest on each year's pre-funding of costs for the installation and maintenance of landscaping. Silid interest shal I bR at the average rate as the City is receiving on other City funds during the period 01 expenditure. III III III / I / 02-l(j-92 J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. _ ]?ESOU_TTO\ OF l\lE\TIO:\ Am OOD The as'iessment lor said district shall be made and collected as follows: The costs of instc-1l1ation, construction and incidenti:ds will bf-~ cullected over it period of live (5) years. The costs of the dnnual mainlenance contract, energy costs and incidentals will be collected in perpetuity unless otherwise termindted by the City. SECTION (,. That notice is hereby given that on April 6, [<)92, at the hour of 10:00 d.m., in the Council Chamber-s, in the City ad] I of said City, there shall be a public hearing before said Mayor and Common Council for the purpose of determining wh(~ther the public convenience and lJecessit)', require the formation of the proposed landscape installiltion and maintenance di,;trid wi thout compliance with the SpeciaJ Assessment Investigati on, Limitati on and Majority Protest Act of 1931 and whether the Mayor and Common Council shoul<l proceed. with ordering the above described improvements and maintenance. At said hearing, any and all persons inler-ested may appeilr i1nd show cause, if any they have, why the Mayor and Common Council should not find and deter-mine that the pub I ic conveni,mce and necessity require the formilt ion 0 [ the proposed district without compliance with the Specidl Assessment Investigation, Limitation and Majority Protest Act 01 1<J:jl; on the question of estimated cost, and the intention of the Mayor and Common Council to proceed to order wor-k wi thin the dbtrict. At said public hearing, al1 persons wi II be heard, imy to taxa1le real property within the boundar-ies of the may file ii pnltesi: in writing with the City Cler-k, not hour hereinabove set for hear'ing, containing therein f1 SEcn ON 7 . holder of title proposed district later than the 02-10-92 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOJ.lJ!JO\ QF I\'TF\'TI01\ ADIOO(! descripti on of Ute pruper'll' in which the signer thereof is interested sufficient to identify the same, and, if the signers are not shown on the last equalized assessment 1'011 as the owners of such property, must contdin or be accompanied by written evidence that such signers are the owners of such property. The basis for determining the existence of d majority protest shall be based on the number of assessable units per respective lots or parcels involved in proportion tu the totdl of dssessdble units of the entire district. SECTION 8. The City Clerk is authorized and dir'ected to cause a copy of this resolution to be published in a newspaper of general circuliition published in the City, and that said Clerk shall cause a notice of the adoption of this resolution to be posted and mailed as required by Section 12.90.040C of the Municipal Code of the City of San Bernardino. SECTION 9. As this district is liirger than one half square mile in area, the City Cler'k shall post a Notice of the adoption of the Resolution of Intention on or near the Council Chambers at ]"ast five (5) days prior to the time and date fixed for the hearing pursuant to Section 12.90.040C(2) of the Municipal Code of the City of San Bernardino. SECTION 10. A copy of thl;: reso I ulion and a map showing the exterior boundaries of the proposed landscape maintenance district with r'elation to the territory immediately contiguous thereto and to the proposed improvement will be on file with the City Clerk and will be available for hlspection by iiny person or persons interested. This map shall govern for all detilils as to the extent of the proposed landscape maintenance district. III 02-10-92 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 III 28 HESOLt;TIW\ OF ~Il\TEl\TIO\ AJJJ 00f' 1 2 I HEREBY CE](fIFY that the foregoing resolution was duly adopted by the and Common Council of the City at San Bernardino at a reqular Mayor 3 meeting thereof, h,dd on the _~cl____ day of _.~rch__u______' 1992, by the tollowing vote, to wit: Counci IJlemb~rs C AYES NAYS ABSTAIN ~._---- ABSENT ESTRADA _lL___ REILLY x HERNANDEZ x --~.._- MAUDSLEY x ~-_._--- MINOR x --.----- POPE-LUDLAM x MILLER x _._----~~ (;)o.dv-R. ~_ ~ty OJer\( The foregoing resolution is hereby aP:roved this &- day of @~/;;/!L '" l/~ (lleomJ" Mayor \:1 ty at San\senwnLino March , 1992. Approved as to form and legal content: JAMES F. PENMAN, City Attomey - _.--'1- LblJ,:rrt41--._ 02-10-92 c.