HomeMy WebLinkAbout1992-276
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
RESOLUTION NO.
92-276
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.
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. 1007;
NOW, THEREFORE, BE IT RESOl.VED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO THAT:
SECTION 1. 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. 1007, the boundaries of which are generally as follows:
Generally bounded on the North by the South lines of Tract Nos. 12775
and 6869; on the South by the North line of San Bernardino County Flood
Control District property; on the East by the centerline of Meridian Avenue
and on the West by the centerline of Pepper Avenue.
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
25
improvement, and a proposed assessment roll which Report and Assessment
26
27
28
District Map are hereby approved.
SECTION 2. It is the intention of said Mayor and Common Council to
06/29/92
1
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
RESOLUTION OF INTENTION: AD 1007 - PEPPER AND RANDALL AREA LANDSCAPE
MAINTENANCE DISTRICT.
order improvements within the district which improvements consist of, but are
not limited to, the maintenance of landscaping along portions of the East
side of Pepper Avenue and the West side of Meridian Avenue, within the
boundaries of the District.
The estimated cost of said maintenance, including incidental costs
is $ 4,841 for the first year.
The maintenance authorized by the district also includes setback areas
of each parcel, which will only be maintained in the event of owner neglect.
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, and
property belonging to the San Bernardino County Flood Control District 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 a proportion of
the total sum of the cost of said maintenance and incidentals within the
area in relation to the number of single family residences within the
boundaries of the assessment district. Reference is hereby made to said
Engineer's Report on file in the office of the City Clerk for a detailed
estimated individual assessment.
SECTION 5. The assessment financing alternative to be followed shall
be as follows, to-wit:
The cost of the maintenance shall be pre-funded by the City through an
interfund loan from the Sewer Line Coonstruction Fund, and the assessment
levied, collected and enforced in the same manner, at the same time, and
06/29/92
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
RESOLUTION OF INTENTION: AD 1007 - PEPPER AND RANDALL AREA LANDSCAPE
MAINTENANCE DISTRICT.
with the same penalties and interest as in the case of taxes levied for the
City for the repayment to the City of said pre-funding.
The City shall recover interest on each year's pre-funding of cost
maintenance of landscaping. Said interest shall be at the prevai ling
portfolio rate as the City is receiving on other City funds during the
period of expenditure.
The costs of the maintenance contract and incidentals will be
collected in perpetuity unless otherwise terminated by the City.
SECTION 6. Setback area maintenance shall include, but not be limited
to, front and side yard maintenance within the setback area of each parcel.
These areas will only be maintained in the event of owner neglect, and the
costs for such maintenance, along with incidental costs and interest, will
be assessed only to the parcel on which such work is performed. Said
assessments will be collected in the same manner as stated herein.
SECTION 7. That the City elects to proceed without Notice and Hearing
pursuant to Section 12.90.040C(5) of the Municipal Code as the request
represents lOOt of the property owners liable to be assessed for the
maintenance.
SECTION 8. 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.
/ /
/ /
/ /
/ /
06/29/92
3
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
RESOLUTION OF INTENTION: AD 1007 - PEPPER AND RANDALL AREA LANDSCAPE
MAINTENANCE mSTHICT.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at
a
_ regula~_
meeting thereof held on the
20th
day
of
July
, 19~, by the following vote, to-wit:
Council Members:
AYES NAYES ABSTAIN ABSENT
--
X
X
X
X
X
X
X
--
JZ~ ~
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
The foregoing resolution is hereby approved this
21st
day of
7
July
,19~
/'
'"
,~.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
~/f~^
~
f ' R:~~",
06/29/92
4