HomeMy WebLinkAbout1990-207
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RESOLUTION NO. 90-207
2 RESOLUTION OE THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF
3 A STREET LIGHTING AND STREET SWEEPING ASSESSMENT DISTRICT; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
4 ASSESSMENT DISTRICT NO. 994; AND SETTING AND DIRECTING PUBLICATION OF
NOTICE OF A TIME AND DATE OF A PUBLIC 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 street I ighting and street sweeping assessment district wi thin the
City, to be known as Assessment District No.994; and
WHEREAS, as a further exercise of the powers vested in the City
by virtue of Section 19,
Article XVI,
California Constitution,
the
Ci ty intends to conduct a hearing and hear protests, if any, as to why
the district should not be formed and the services and improvements
completed , without compl iance with the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Pursuant to Chapter 12.90 of the San Bernardino
Municipal Code, the Mayor and Common Council of said City
hereby
23 preliminarily find and determine that the public convenience and necessity
24 require, and it is the intention of the Mayor and Common Council to form
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Assessment District No. 994,
the
boundaries
of which are the
26 Corporate City Limits of said City, or any future changes therein.
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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
05-14-90
.' R":;;OLllTIO\' 'Or: INE;\'TIO\': CITY-I,'l.DE STREET LIGHTI,G. A\TD S,lREET. SKEEPI\'G
\:iSESSM];~T lJISTR] Cl (AD994)
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1 sdid dish'iet, d description of the type of services and improvements, an
2 estimated cost of the services and improvements and a proposed assessment
3 roll which Report and Assessment District Map are hereby approved.
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SECTION 2.
It is the intention of said Mayor and Common
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Council to order certain services and improvements within the district
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which services and improvements consist of,
but are not limited to,
7 the installation of add; tional street lighting, energy and maintenance costs
8 for all street lighting, and twice a month street sweeping of all City
9 streets. The estimated cost of said services and improvements, inc1 uding
10 incidental costs is $2,999,792 for the first year. Any annual increase in
the total assessment shall be 1 imi ted to the Consumer Price Index (C. P.1)
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for the Los Angeles-San Bernardino-Riverside area, published by the United
States Department of Labor, Bureau of Labor Statistics, plus administrative
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costs.
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SECTION 3.
Said contemplated work and improvements is of more
16 than local or ordinary public benefit, and that said Mayor and Common
17 Council do hereby make the expense of such work and improvement chargeable
18 upon the district, which district is hereby dec lared to be the district
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benefited by
said proposed work and improvement, and to be assessed to
pay the cost
and expense thereof.
All pub 1 ic streets or alleys,
or
21 portions thereof, and certain parcels of land, or portions thereof, owned by
22 any government or quasi-public agency and utility companies, are hereby
23 excepted from said assessment.
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SECTION 4.
The assessment benefit procedure to be followed
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and the amount to be assessed against each
particular parcel will be a
proportion of the total sum of the cost of said services and improvements
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and incidentals wi thin the area in relation to the number of assessment
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units assigned to each parcel within the district, by the formula as defined
05-14-90
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RESOLUTION 'OF. INTENTIO~: CITY-WIDE STREET LIGHTING .AND S1REET SWEEPING
ASSESSMENT DISTRICT (AD994)
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in said Engineer's Report on fi le in the office
of
the City Clerk ,
2 reference to which is hereby made for a detailed estimated individual
3 assessment.
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SECTION 5.
The assessment financing alternative to be followed
5 shall be as follows, to-wit:
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The costs shall be pre-funded by the City and the assessment
7 levied, collected and enforced in the same manner, at the same time, and
8 with the same penalties and interest as in the case of taxes levied for the
9 City for the repayment to the City of said pre-funding.
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SECTION 6. It is the intention of the City of San Bernardino to
11 offer a rebate program to low-income and moderate income families. This
12 program will build a rebate fund into the assessment district, thereby
13 allowing for rebates without seriously decreasing the amount of money
14 available for the intended services. The rebate program will be available
15 once a year in May. This program will be available to property owners with
16 low and moderate income of $12,000 annual income for one person, $15,000
17 annual income for two or more persons within the same household.
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SECTION 7. The revenues generated by the district shall be placed
19 into the General Fund of the City to pay for said services, improvements,
20 incidental and administrative costs.
Said revenues will supplement the
21 City's General Fund thereby releasing other General Fund Moneys to finance
22 addi tional needed City Services.
It has been determined that the needed
23 services at this time are that of Law Enforcement. The Mayor and Common
24 Council shall annually review all assessments and expenditures and, after a
25 public hearing, shall make a determination that the sum equal to the Net
26 Proceeds from the district, as defined in said Engineer's Report, is being
27 spent from the General Fund on said needed Law Enforcement, or, if not,
28 shall terminate the District.
05-14-90
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RESOLUTION. OF INTENTIO>,1: CITY-WIDE STREET LIGHTING AND STREET SWEEPING
ASSESSMENT DISTRICT (AD994)
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SECTION 8. The District shall automatically terminate after five
(5) years, unless the Mayor and Common Council, after a public hearing,
extend the life of the District.
SECTION 9. Notice is hereby given that on June 27, 1990, at the
5 hour of 7:00 p.m., at the Sturges Auditorium, 798 North "E" Street, San
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Bernardino, California, there shall be a
public
hearing before
said
Mayor and Common Council for the purpose of determining
whether the
8 public convenience and necessity require the formation of the proposed
9 improvement district without compliance with the Special Assessment
10 Investigation, Limitation and Majority Protest Act of 1931 and whether
11 the Mayor and Common Council should proceed with ordering the above
12 described services and improvements.
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any and all persons interested may appear
At said hearing,
14 and show cause, if any they have, why the Mayor and Common Council
15 should not find and determine that the public convenience and necessity
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require the formation of the proposed district
without compliance with
the Special
Assessment Investigation, Limi tation and Majority Protest
18 Act of 1931; on the question of estimated cost, and the intention of the
19 Mayor and Common Council to proceed to order work within the
20 district.
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SECTION 10. At said public hearing, all persons will be heard,
any holder of title to taxable real property within the boundaries of the
23 proposed district may file a protest in writing with the City Clerk,
24 not later than the hour hereinabove set for hearing, containing
25 therein a description of the property in which the signer thereof is
26 interested sufficient to identify the same, and, if the signers are not
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shown
the last equalized assessment roll as the owners
of such
on
28 property. must contain or be accompanied by wri tten evidence that
05-14-90
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" P"S(jLC'TION OF. INTENTTO\': CITY-T'l.oE ST'<EFI LIGHTI\'G A'iJJ STRE?;!' s\l~:F.J>nG
ASSESSHE\r DISTinC1 (AIJ'i94) .
1 such signers are the owners of such property. The basis for determining
2 the existence of a majority protest shall be based on the assessment
3 units assigned to respective lots or parcels involved in proportion to
the total assessment units within the entire district.
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SECTION 11.
The City Clerk is authorized and directed to cause
6 a copy of this resolution to be published in a newspaper of general
and that said Clerk shall cause a
7 circulation published in the City,
8 notice of the adoption of this resolution to be posted and mailed as
9 required by Section 12.90.040C of the Municipal Code of the City of San
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Bernardino.
SECTION 12.
A copy of this resolution and a map showing the
12 exterior boundaries of the proposed improvement district with relation to
13 the territory immediately contiguous
thereto and
to the proposed
14 improvement will be on file with the City Clerk and will be available for
15 inspection by any person
16 for all details as to the
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05-14-90
or persons interested.
This map shall govern
extent of the proposed improvement district.
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'),E~OLl!TIO\' . OF I\TTBJTIO\': CITY-"~DE STREET LIGHTING AJ\D STREET. SWEEPING
ASSESSME\:T DIS1'IU cr (AlJ994) . .
I HEJiEllY CERTlEY thai the foregoing resolution was duly adopted by
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the
Mayor
and Common Cound 1 of t.he City of San Bermlrdino at a
4th
day
of
reguldr
meeting thereof held on the
June
, 19~~, by the following vote, to-wit:
The foregoing resolution is hereby
Council Members:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
June
, 19 90
Approved as to form
and legal content:
JAMES F. PENMAN,
CRyit..y f\tto.:.~e.:
Va. H-~l. PC-v~~
o
05-14-90
AYES
ABSTAIN
NAYES
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x
x
x
x
~~p~/
/ City Clerk
day of
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