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C I T Y
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INTEROFFICE
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MEMORANDUM
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TO:
MARSHALL JULIAN, City Administrator
FROM:
ROGER G. HARDGRAVE, Director of Public Works/
City Engineer
SUBJECT:
Item No. 35 on Council Agenda of 12-18-89 --
Resolution of Intention for Assessment District
No. 992, Lena Road and Tennis Court Lane
DATE:
December 20, 1989
COPIES:
File No. 14.40-71; Reading File
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This item was continued to 1-8-90, due to a question about the
$1,000 listed under the total estimated cost in the Engineer's
Report.
The amount of $1,000 is the estimated cost for providing
assessment engineering as required to estahlish the district.
Assessment engineering includes securing authorization to
proceed, preparation of the assessment boundary and diagram
maps, preliminary and final assessment rolls, posting and
publishing required notices and other activities as mandated by
law or policy.
The applicant has submitted a payment in the amount of $1,000 to
cover the estimated cost.
We recommend that the Resolution of Intention be approved, in
{)/I!ha~t. the :rw~C/I::Y continue.
, 0~ //.
'-/ ' _./ ~/
ROGER G. HARDGRAVE
Director of Public Works/City Engineer
RGH:rs
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ciTY OF SAN BERkARDINo1!~EQUESTN t'OFtCOUNCIL ACTION
ROGER G. HARDGRAVE, Director
From:
Subject:
Resolution of Intention --- Proposed
Underground Utility Assessment District
No. 992 (Lena Road & Tennis Court Lane)
Public Works {Engineering
Dept:
November 15, 1989
Date:
Synopsis of Previous Council action:
05/15/89 --- Authorization to proceed was given.
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Recommended motion:
Adopt Resolution.
cc: Marshall Julian, City Administrator
Jim Richardson, Deputy City Administrato
James Penman, City Attorney
Andy Green, Director of Finance
Phone:
5334
Les Fogassy
Contact person:
Staff Report, Resolution, Map
Supporting data attached:
Ward:
1
FUNDING REQUIREMENTS:
A t $ 1,000.00
moun:
So (A N ) 251-667-53925 (Tax Bill Assessment)
urce:. cct. 0..
(Acct. DescriPtion)
To be paid from moneys advanced by the developer
Assessment District 992
Finance: ~ J6,...u..----.
Council Notes:
,
CITY OF SAN BER..~ARDINO - REQUEST - OR COUNCIL ACTION
STAFF REPORT
This action is the result of a request of the developer of the parcel located at
the Northwest corner of Lena Road and Tennis Court Lane, in response to the
requirement of the City to underground overhead utilities.
The purpose of the action is to preliminarily determine that the public
convenience and necessity require the formation of an underground utility
assessment district district; declaring the intention to proceed to order work
within the district to be known as the "Lena Road and Tennis Court Lane Area
Underground Utility Assessment District"
Actual undergrounding will be deferred until such time that the district is
expanded to include a larger portion of the area, at which time all
undergrounding work will be done at one time.
Pursuant to Chapter 12.90.040C(5) of the Municipal Code, notice and hearing
will not be required as 1001 of the owners of the property to be assessed have
requested the district.
A copy of the Engineer's Report is attached herewith for your convenience.
11-15-89
..,~_n"j::;ll.
November 13, 1989
File No. 14.40-71
ENGINEER'S REPORT
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT NO.992
LENA ROAD & TENNIS COURT LANE
UNDERGROUND lITILITY ASSESSMENT DISTRICT
CITY OF SAN BERNARDINO
ENGINEER' S REPORT
ASSESSMENT DISTRICT NO. 992
PETITION On February 2. 1989. this office received a petition from Joseph E..
Bonadiman and Associates.lnc.. for the establishment of an assessment
district for the undergrounding of overhead utilities. relative to the
development on the Northwest corner of Lena Road and Tennis Court Lane.
as delineated on the attached vicinity map. This petition was the
result of a requirement placed upon this development by the City.
pursuant to San Bernardino Municipal Code Section 18.44.070.
AUTHORIZATION TO PROCEED -- On May 15. 1989. the City Engineer
were authorized to initiate proceedings under the
Chapter 12.90 of the San Bernardino Municipal Code
Engineer was directed to prepare this report.
and City Clerk
provisions of
and the City
ADVANCE OF ESTIMATED COSTS -- On May 11. 1989 and pursuant to Chapter
12.94.030 of the Municipal Code. the developer was requested to up-
front the estimated cost of $1.000.00 to cover the cost of the
proceedings. The deposit was received on May 27. 1989. and was
deposited into the proper account from which to draw the actual costs
of proceedings. If the actual costs are less than the deposit. then
the remainder will be returned to the developer and if the actual costs
are more than the deposit. then the remainder can either be paid in a
lump sum by the developer or assessed against the properties involved.
EASEMENTS No easements are necessary since the proposed undergrounding will
all be done in the existing right of way.
DESCRIPTION OF IMPROVEMENTS -- The improvements to be constructed include the
undergrounding of all overhead utilities and appurtenant facilities.
PLANS AND SPECIFICATIONS --Plans and Specifications for the undergrounding of
utilities will be prepared by Southern California Edison Company.
Actual undergrounding will be deferred until such time that the
district is expanded to include a larger portion of the area. at which
time all undergrounding work will be done at one time.
DESCRIPTION OF BOUNDARIES -- On March 22. 1989. the boundaries of the proposed
district were determined and are delineated on the attached Proposed
Boundary Map of Assessment District No. 992. The property involved
presently is a portion of Parcel 4 of Parcel Map 3417. and the
boundaries are generally the North line of said Parcel 4 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.
VICINITY MAP -- The vicinity map is attached as Exhibit 1.
1
DISTRICT BOUNDARY HAP -- A reduced copy of the District Boundary Map is attached
as Exhibit 2.
KETROD OF ASSESSMENT -- The undergrounding of utilities not only enhances the
esthetics of any given area, but is also a safety measure in the event
of high winds and earthquakes. The assessment will be spread on a front
foot basis.
KETROD OF FINANCING -- The City will pay the actual cost of undergrounding the
utilities and will be reimbursed through assessments, plus interest,
and collected on the annual County Tax bills. The total cost of
undergrounding will be spread over a ten year period.
ASSESSMENT ROLL -- Presently there is 1 parcel liable to be assessed, and the
costs have been estimated for the undergrounding of utilities along the
frontage of that parcel only. The proposed assessment roll has been
prepared to reflect the total assessment, attached as Exhibit 3.
BONDS -- No bonds are anticipated to be sold on this proposed assessment
district, due to the taxable status of the bonds and the relatively
small dollar amount. The costs will be up-fronted by the City and
the assessments will be collected on the County Tax bill annually
based on actual annual costs incurred for the undergrounding and
administration of the district plus interest.
2
COST SUI1KARY
================================================================================
TOTAL ASSESSMENT - Construction and adainistration .
(See Exhibit 3)
Underground
equipment
Structures, Trenching, Cable
and
$18,700.00
Overhead removal
$ 2,000.00
Assessment Engineering -- including preparation of
assessment roll, agenda items, resolutions, and cor-
respondence for establishing the district.
$ 1,000.00
TOTAL ESTIMATED COST
$21,700.00
3
ENGINEER'S STATEMENT
The above information together with the attached Assessment District Map and
Proposed Assessment Roll is being filed pursuant to Chapter 12.90 of the
San Bernardino Municipal Code relative to the forthcoming Resolution of
Intention for the establishment of an Assessment District to be known as
Assessment District No.992.
A ,d7)/ /
\ . ROGER G. iiiI/~
Director of Public Works/City Engineer
Filed in the office of the ,City Clerk
this
day of
. 19_
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UNDERGROUND UTILITIES ASSESSMENT DISTRICT (AD 992)
VICINITY MAP
EXHIBIT 1
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PROPOSED LENA RD & TENNIS COURT LN UNDERGROUND
UTITLITY ASSSESSMENT DISTRICT
PROPOSED ASSESSMENT ROLL - AD 992
ASSESSOR'S PARCEL NO.
AMOUNT OF ASSESSMEN1
ASSESSMENT NO.
1
TOTALS
11/13/89
0279-231-62
S 21,700.00
1 ASSESSMENTS
$ 21,700.00
EXHIBIT "3"
PAGE 1 OF
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RESOLUTION NO.
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
7 Assessment District Ordinance (Municipal Code Chapter 12.90) to provide
8 for the procedure for the formation of assessment districts within the
9 City; and
WHEREAS,
it has now become necessary to consider the
11 formation of an Underground Utility Assessment District within the City, to
12 be known as Assessment District No. 992;
13 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 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 Hap 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
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RESOLUTION OF T~TENTION : LENA ROAD AND TENNIS rnURT LANE AREA
UNDERGROUND U1 ~TY ASSESSMENT DISTRICT
1 to order improvements within the district which improvements consist
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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
9 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 (lOt) per
28 annum on the unpaid balance on all assessments which remain unpaid for
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RESOLUTION OF ITENTION: LENA ROAD AND TENNIS JURT 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.
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RESOLUTION OF TENTION: LENA ROAD AND TENNIS JRT LANE AREA
UNDERGROUND UTILITY ASSESSMENT DISTRICT
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting thereof held on the
day
of
, 19_____, by the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
day of
The foregoing resolution is hereby approved this
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21 Approved as to form
and legal content:
W.R. HOLCOMB, Mayor
City of San Bernardino
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JAMES PENMAN,
City Att~
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state of California
County of San Bernardino
City of San Bernardino
)
) S5
)
I DO HEREBY CERTIFY that the foregoing Resolution No.
is
a full, true and correct copy of that now on file in this office.
IN WITNESS THEREOF, I have hereunto set my hand and affixed the seal
of the City of San Bernardino, this
day of
,19_
City Clerk