HomeMy WebLinkAbout1983-218
1
RESOLUTION NO. 83-213
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
3 FORMATION OF A SANITARY SEWER FACILITIES ASSESSMENT DISTRICT;
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
4 DISTRICT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 958"; AND
SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF
5 A PUBLIC HEARING.
6 WHEREAS, the City of San Bernardino (hereafter called
7 "City") as an exercise of its municipal affairs powers has
8 enacted an Assessment District Ordinance (Municipal Code Chapter
9 12.90) to provide for the procedure for the formation of
10 assessment districts within the City; and
11 WHEREAS, it has now become necessary to consider the
12 formation of a sanitary sewer facilities assessment district
13 within the City, to be known as "Assessment District No. 958";
14 and
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WHEREAS, as a further exercise of the powers vested in the
16 City by virtue of Section 19, Article XVI, California
17 Constitution, the City intends to conduct a hearing and hear
18 protest, if any, as to why the district should not be formed and
19 the acquisitions and improvements completed, without compliance
20 with the Special Assessment Investigation, Limitation and
21 Majority Protest Act of 1931;
22 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
23 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
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SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino
25 Municipal Code, the Mayor and Common Council of said City, hereby
26 preliminarily find and determine that the public convenience and
27 necessity require and it is the imtention of the Mayor and Common
28 Council to form Assessment District No. 958, the boundaries of
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: which are generally, as follows: Zone 1: That property lying
south of Mill Street between Eucalyptus and Meridian, as shown on
the Assessment District Map on file with the City Clerk. Zone 2:
That property generally lying between Mill Street and Randall
Avenue, and between a line about 330 feet west of Eucalyptus
Street and a line approximately 660 feet east of Meridian Avenue,
except that part thereof in Zone 1; Zone 2 being as outlined on
the Assessment District Map on file with the City Clerk.
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 and the zones contained therein, 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 to order improvements within the district which
improvements consist of, but are not limited to, the installation
of sanitary sewer facilities in portions of Eucalyptus Avenue,
Pepper Avenue and Meridian Avenue generally between Randall
Avenue and Mill Street; in portions of Mill Street between Pepper
Avenue and Meridian Avenue and in Randall Avenue between
Eucalyptus Avenue and Meridian Avenue, in portions of Belden
Street, Esperanza Street, College Drive and Jefferson Street west
of Meridian Avenue and the installation of a lift station near
Randall Avenue and Meridian Avenue.
The estimated cost of said improvements and construction,
including incidental costs is $604,400.
SECTION 3. Said contemplated work and improvement is of
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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 all land belonging to the San Bernardino County
Flood Control District and West San Bernardino County Water
District, hereby are 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 the improvements
and incidentals within the area of each Zone within the district
in relation to the area of each parcel of land therein as they
relate to a single family residential lot. 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 costs 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 made and collected
as follows: The costs of installation, construction and
incidentals will be collected over a period of ten (10) years
with interest at the rate of 7% per annum on the unpaid balance
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which remains unpaid for thirty days after the date of recording
of the Notice of Assessment with the County Recorder.
SECTION 6. That notice is hereby given that on August 1,
1983, at the hour of 9:00 a.m. in the Council Chamber, in the
City Hall of said City, there shall be a public hearing before
said Mayor and Common Council for the purpose of determining
whether the public convenience and necessity require the
formation of the proposed improvement district without compliance
with the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 and whether the Mayor and Common
Council should proceed with ordering the above described
improvement and/or maintenance.
At said hearing, any and all persons interested may appear
and show cause, if any they have, why the Mayor and Common
Council should not find and determine that the public convenience
and necessity require the formation of the proposed district
without compliance with the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931; on the question of
estimated cost, and the intention of the Mayor and Common Council
to proceed to order work within the district.
SECTION 7. At said public hearing, all persons will be
heard, any holder of title to taxable real property within the
boundaries of the proposed district may file a protest in writing
with the City Clerk, not later than the hour hereinabove set for
hearing, containing therein a description of the property in
which the signer thereof is interested sufficient to identify the
same, and, if the signers are not shown on the last equalized
assessment roll as the owners of such property, must contain or
4
1 be accompanied by written evidence that such signers are the
2 owners of such property. The basis for determining the existence
3 of a majority protest shall be based on the area of respective
4 lots or parcels involved in proportion to the area of the entire
5 district.
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SECTION 8. The City Clerk is authorized and directed to
7 cause a copy of this resolution to be published in a newspaper of
8 general circulation published in the City, and that said Clerk
9 shall cause a notice of the adoption of this resolution to be
10 posted and mailed as required by Section l2.90.040C of the
11 Municipal Code of the City of San Bernardino.
12 SECTION 9. A copy of this resolution and a map showing the
13 exterior boundaries of the proposed improvement district with
14 relation to the territory immediately contiguous thereto and to
15 the proposed improvement will be on file with the City Clerk and
16 will be available for inspection by any person or persons
17 interested. This map shall govern for all details as to the
18 extent of the proposed improvement district.
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21
Bernard ino a t a
rRCJulnr
meeting thereof, held on
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the 5th
day of
July
, 1983, by the following
23 vote, to wit:
24
AYES:
Council Members
Castaneda a :r.eil1?, nernandez,
25
Marks, Quiel~ rraizer, Stric):ler
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NAYS:
None
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ABSENT:
None
~/~~
,/ City C er
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The foregoing resolution is hereby approved this 7/,t
,
2
day of
July
, 1983.
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San Bernar ino
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Approved as to form:
~~~~c;3
i ty torney
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