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HomeMy WebLinkAbout1990-006 .. 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 NO. 90-6 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO.992, 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 an Underground Utility Assessment District within the City, to be known as Assessment District No. 992; NOW, THEREFORE, BE IT RESOLVED 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. 992, the boundaries of which are generally as follows: the North line of Parcel 4 of Parcel Map No. 3417 on the North, the centerline of Tennis Court Lane on the South, the centerline of Lena Road on the East, and a North/South property line that is approximately 237 feet West of West line of said Lena Road. 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 2. It is the intention of said Mayor and Common Council 11-15-89 , 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 ~ESOLUTION OF INTENTION : LENA ROAD AND TENNIS COURT LANE AREA UNDERG~OUND UTILITY ASSESSMENT DISTRICT . to order improvements within the district which improvements consist of, but are not limited to, the undergrounding of all overhead utilities and appurtenant facilities along the East side of Lena Road. The estimated cost of said undergrounding, including incidental costs is $21,700.00 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, 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 based on a front foot basis of each parcel 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 undergrounding shall be pre-funded by the City and the assessment 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 pre- funding. The assessment for said district shall be collected as follows: The cost of the undergrounding will be collected over a period of ten (10) fiscal years and will bear interest at the rate of ten percent (10%) per annum on the unpaid balance on all assessments which remain unpaid for 11-15-89 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 : LENA ROAD AND TENNIS COURT LANE AREA UNDERGROUND UTILITY ASSESSMENT DISTRICT thirty (30) days from the date of the first publication of the Notice of Assessment. All assessments less than $150.00 shall be paid before the expiration of said thirty (30) days by cash, check or certified check and made payable to the CITY OF SAN BERNARDINO and indicate the assessment number or numbers on the reverse thereof. If the assessment is not paid, then the assessment becomes delinquent and the total amount shall be placed upon the tax rolls for collection with the regular property tax bill. SECTION 6. 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 100% of the property owners liable to be assessed for the maintenance. SECTION 7. 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. / / / / / / / / / / / / / / / / / / / / 11-15-89 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 RESOLl~ION OF INTENTION : LENA ROAD AND TENNIS COURT LANE AREA , UNDERGROUND UTILITY ASSESSMENT DISTRICT I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a requldr meeting thereof held on the 6th day of January , 19~, by the following vote, to-wit: AYES: Council Members Estrada, Flores, Maudsley, Pope-Ludlam, Miller NAYS: None ABSENT: Council Members Reilly, Minor ~4P"'.a-~~/ ~ City Clerk The foregoing resolution is hereby approved this re'day of January , 192L Approved as to form and legal content: JAMES PENMAN, City At~ B~ !2aAAJ 11-15-89 4