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HomeMy WebLinkAbout1986-034 1 2 3 4 5 6 7 RESOLUTION NO. 86-34 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMI- NARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF STREET IMPROVEMENT ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOW AS "ASSESSMENT DISTRICT NO. 966"; 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 8 has enacted an Assessment District Ordinance (Municipal Code 9 Chapter 12.90) to provide for the procedure for the formation 10 of assessment districts within the City; and 11 WHEREAS, it has now become necessary to consider 12 the formation of a street improvement assessment district 13 within the City, to be known as "Assessment District No. 14 15 966"; and WHEREAS, as a further exercise of the powers 16 vested in the City by virtue of Section 19, Article XVI, 17 California Constitution, the City intends to conduct a 18 hearing and hear protests, if any, as to why the district 19 should not be formed and the acquisitions and improvements 20 completed, without compliance with the Special Asssessment 21 22 23 24 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 THAT: SECTION 1. Pursuant to Chapter 12.90 of the San 25 Bernardino Municipal Code, the Mayor and Common Council of 26 said City, hereby preliminarily find and determine that the 27 28 public convenience and necessity require, and it is the 1 1 2 3 4 5 6 7 8 9 10 11 intention of the Mayor and Common Council to form Assessment District No. 966, the boundaries of which are generally, as follows: Portions of the Southeast one-quarter of Section 13, and of Government Lots 1 and 2 of the Northeast one-quarter of Section 24, all in Township 1 North, Range 4 West, San Bernardino Meridian and includes all of the properties which front on Daley Canyon Road as conveyed to the City of San Bernardino by documents No. 85-258863, 85-260211, 85-187653, 85- 131394, 85-116771, 85-159490, 85-118251, 85-118250 and 85-116769, Official Records of San Bernardino County. 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 12 type of improvement, an estimated cost of the improvement and 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a proposed assesment 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 construction of Portland Cement concrete curbs, gutters and driveway approaches, asphalt concrete paving and berms and appurtenant facilities in portions of Daley Canyon Road between the West side of Chiquita Lane and a point approximately 620 feet East thereof. The estimated cost of said improvements and con- struction, including incidental costs, is $74,410.00. 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 2 such work and improvement chargeable upon the district, 1 which district is hereby declared to be the district 2 benefited by said proposed work and improvement, and to be 3 assessed to pay the cost and expense thereof. All public 4 streets or alleys, or portions thereof, hereby are excepted 5 from said assessment. 6 SECTION 4. The assessment benefit procedure to be 7 followed and the amount to be assessed against each 8 particular parcel will be a proportion of the total sum of 9 the cost of the improvements and incidentals within the area 10 in relation to the lineal feet of frontage of each parcel 11 benefited thereby. Reference is hereby made to said 12 Engineer's Report on file in the office of the City Clerk for 13 a detailed estimated individual assessment. 14 SECTION 5. The assessment financing alternative 15 to be followed shall be as follows, to-wit: 16 The costs shall be pre-funded by the City and the 17 assessment levied, collected and enforced in the same manner, 18 at the same time, and with the same penalties and interest as 19 in the case of taxes levied for the City for the repayment to 20 the City of said pre-funding. 21 There will be a contribution to the district by 22 the City in an amount equal to the total incidental costs of 23 the proceedings and for the total assessment placed against 24 Assessor's Parcel No. 155-281-01 which is owned by the 25 Federal Government. 26 The assessment for said district shall be made and 27 collected as follows: The cost of installation and 28 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 construction will be collected over a period of ten (10) years with interest at the rate of 10% per annum on the unpaid balance 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 March 3, 1986, 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. 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 4 protest in writing with the City Clerk, not later than the 1 hour hereinabove set for hearing, containing therein a 2 description of the property in which the signer thereof is 3 interested sufficient to identity the same, and, if the 4 signers are not shown on the last equalized assessment roll 5 as the owners of such property, must contain or be 6 accompanied by written evidence that such signers are the 7 owners of such property. The basis for determining the 8 existence of a majority protest shall be based on the area of 9 respective lots or parcels involved in proportion to the area 10 of the entire district. 11 SECTION 8. The City Clerk is authorized and 12 directed to cause a copy of this resolution to be published 13 in a newspaper of general circulation published in the City, 14 and that said Clerk shall cause a notice of the adoption of 15 this resolution to be posted and mailed as required by 16 Section 12.90.040C of the Municipal Code of the City of San 17 Bernardino. 18 SECTION 9. A copy of this resolution and a map 19 showing the exterior boundaries of the proposed improvement 20 district with relation to the territory immediately 21 contiguous thereto and to the proposed improvement will be on 22 file with the City Clerk and will be available for inspection 23 by any person or persons interested. This map shall govern 24 for all details as to the extent of the proposed improvement 25 di stri ct. 26 II II 27 II II 28 5 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 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a held on the 3rd by the following vote, to wit: regular meeting thereof, day of , 1986, February AYES: Council Members F.~Tr~n~ Rp.illy Hp.rn~nnp.7., M~rk~ Qn;Al Fr.::lo'7;a.r ~+ri,...k'Ar NAYS: ABSENT: NnnA Nnna. /~({~~ The foregoing resolution is hereby approved this :Ic-!,6 day of Approved as to form: ~~/cV City Attorney Va.'hrll.:=ilry , 19B6.