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': ~ San Bl2rnardino 60,005-5B-2 RESOLUTION NO. 79- /3/ RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO ADD PARKING PLACES TO THE CENTRAL CITY PARKING DISTRICT IN THE CITY OF SAN BERNARDINO AND SETTING AND DIRECTING PUBLICATION OF NOTICE 01" A TIME AND DATE OF A PUBLIC HEARING WHEREAS, the Mayor and Common Council of the City of San Bernardino have preliminarily found that the public interest, convenience and necessity require the acquisition and installation of property improvements for providing additional off-street public parking facilities in a portion of the City, within the Central City Parking District, as more fully hereinafter described, including the acquisition of land, rights-of-way and easements necessary therefor, and grading, leveling, paving, installation of curbs, gutters and sidewalks, lighting and striping of parking areas and other site improvements necessary to prepare the property to be acquired as public parking places; and WHEREAS, in pursuance thereof, the Mayor and Common Council of the City of San Bernardino adopted a Resolution entitled: "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETER- MINING THAT PUBLIC CONVENIENCE Cl24-l (ap) 3/30/79 . , . " San Bernardino 60,OOS-SB-2 AND NECESSITY REQUIRE ADDITION OF PARKING PLACES TO THE CENTRAL CITY PARKING DISTRICT AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING" ; and WHEREAS, a public hearing in accordance with Section 5 of the "Off-Street Parking Ordinance" will be held, all comments and protests thereon considered by the Mayor and Common Council in connection and concurrently with the public hearing scheduled hereunder. NOW, THEREJi'ORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS; Section 1. Improvement. That the public interest, convenience and necessity require, and it is the intention of the Mayor and Common CounCil, pursuant to provisions of Procedural Alternative III of the Off-Street Parking Ordinance and Section 6(r) thereof, to add parking places to the Central City Parking District, and, to that end, to acquire and install or cause to be acquired and installed, whether by lease or otherwise, the following described -2- C124-2 (ap) 3/30/79 .'. San Bernardino 60,00S-SB-2 improvements and the acquisition of land, rights-of-way, and easements necessary therefor, all in the Central City Parking District in the City of San Bernardino, described as follows, to wit: The acquisition and/or installation of improvements for providing addi- tional off-street public parking facilities in the Central City Parking District, including, without limitation, the acquisition of land and permanent and construction easements and rights-of-way and other property necessary therefor, grading, leveling, paving, installing curbs, gutters, sidewalks and driveways, striping of parking areas and other site improve- ments necessary to prepare the property to be acquired for use as public parking places. The estimated cost of accomplishing such purpose is $1,400,000, which includes, without limitation, incidental expenses, including engineering, appraisal, legal fees, bond counsel fees, financing consultant fees, land and rights-of- way acquisition, reserve funds and expenses of financing the district and expenses of all proceedings for the financing hereinafter described or related thereto, Section 2. Assessment District. That the District to be benefited by said improvement and to be assessed to -3- C124-3 tap) 3/30/79 San Bernardino 60,005-5B-3 pay the costs and expenses thereof is known as the "Central City Parking District", which is all that part of the City of San Bernardino, having the exterior boundaries of 2nd Street, 5th Street extended to Church Street between "F" and "D" Streets, "G" Street and Arrowhead Avenue. Reference is hereby made to the map, attached hereto as Exhibit "A" and incorporated herein, for a full and complete description of the assessment district. Said map, which shows the exterior boundaries of the proposed district with relation to the territory immediately contiguous thereto, together with the above general description of the project and this Resolution, shall govern for all details as to the extent of the assessment district and is on file with the City Clerk and is available for inspection by any person or persons interested. Section 3. Report. That the proposed improvement is hereby referred to the Director of Public Works/City Engineer, and that said Director of Public Works/City Engineer is hereby directed to make and file with the City Clerk, on or prior to May 13, 1979, a Report in writing presenting the following: (a) The land, rights-of-way, easements and any other real property to be acquired; -4- C135-6 (ic) 4/2/79 San Bernardino ~O,005-5B-3 (bl Plans and specifications of the proposed improvements; (cl A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances or property are to be acquired as part of the improvement; (dl An estimate of the cost of the improvement and of the cost of land, rights-of-way, easements and incidental expenses in connec- tion therewith, and the plan of financing pursuant to Section 6(r) of the Off-Street Parking Ordinance; (el A diagram showing the assessment district above referred to and the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of this Resolution of Intention. Each subdivision shall be given a separate number upon said diagram; -5- CI35-7(icl 4/2/79 San Bernardino 60,005-5B-2 (~) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively, from the said improvement. Said assessment shall refer to such subdivisions by their respec- tive numbers as assigned pursuant to Sub- division (e) of this Section 3. Section 4. Assessment. That it is hereby deter- mined and declared that an annual ad valorem assessment shall be levied on all land within the Central City Parking District to provide moneys for any or all of the purposes set forth in Section 2 of the Off-Street Parking Ordinance and, in particular, to pay all or any part of the costs and expenses of providing the additional parking places. The assessment shall be 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. This assessment levy shall be separate and distinct and shall not be commingled with any assessment levy necessary to pay the rent due from the City to the Redevelopment Agency -6- C124-6 (ap) 3/30/79 , San aernardino "60,OOS-SB-2 of the City of San Bernardino under and pursuant to that certain "Parking Facilities Lease" dated for convenience as of February 1, 1977, by and between the City and said Redevelopment Agency. Further, the assessments levied to pay the aforesaid rent shall have priority over any assess- ments levied pursuant to these proceedings to provide additional parking places. In levying the assessment provided for herein, credit shall be given for parking places made available for public use pursuant to an agree- ment with the City and for taxes or assessments paid to the City and used primarily for parking purposes. In determining the amount of said annual assessment, the Mayor and Common Council may include, in addition to the other costs of providing parking places, an amount necessary for the establishment, maintenance and replenishment of reasonably required reserve funds. Section 5. No Bonds. That it is hereby determined and declared that the most economical and efficient manner of providing public parking places is to lease said parking places from the Redevelopment Agency of the City of San Bernardino and that said Agency, to pay the costs and expenses of providing the parking places, shall accept financial and other assistance from one or more private -7- C124-7 (ap) 3/30/79 San Bernardino 60,00S-5B-3 lending institutions in an amount not to exceed $1,400,000, provided that the interest rate shall not exceed eight percent (8%) per annum, all in the manner prescribed by law. The rent payable under the above referred to lease shall not be a general obligation of the City, nor shall the credit of the City or the property or revenue of any public utility owned by the City be pledged for the payment thereof; and said rent shall be a special obligation of the Central City Parking District; and the ad valorem assessments for the payment of said rent shall be levied upon the taxable land only in the improvement district. Section 6. Public Hearing. A public hearing on the questions of the formation and extent of the proposed district, the proposed improvements and the estimated cost is hereby set and ordered to be held, and notice is hereby given that a public hearing will be held at: Date: May 7, 1979 Time: 3 o'clock p.m. Place: Council Chambers Ci ty Rall 300 North "D" Street San Bernardino, California 92418 -8- C85-8{ic) 4/2/79 San. Bernardino 60,00S-SB-3 At the time and place above specified, any and all persons interested will be heard. Any holder of title to taxable land within the proposed district may file with the City Clerk at any time prior to the time set for the hearing thereon written protest to the formation of the proposed district. Such written protests must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and, if the signer is not shown on the last equalized assessment roll as the owner of such property, the protest must contain or be accompanied by written evidence that such signer is the owner of such property. The written protests of the holders of title to one-half or more of the value of the taxable land within the proposed district as shown by the last equalized assess- ment roll of the county, prior to the hearing on this Resolution, shall constitute a majority protest and such protest shall have the effect and be subject to the pro- visions of Section 9(k) of the Off-Street Parking Ordinance. Section 7. Notice Published and Posted. The City Clerk is authorized and directed to cause notice of the hearing to be given by publishing a copy of this Resolution of Intention once at least ten (10) days prior to the time set forth above in a newspaper of general circulation published in the City and by posting a copy of this Resolu- tion of Intention in three (3) public places within the -9- C8S-9(ic) 4/2/79 San Bernardino 60,005-5B-3 proposed.district at least fifteen (15) days before the time fixed for the hearing. Section 8. Notice Mailed. TheCityClerk.is authorized and directed to further cause notice of the hearing to be given by mailing a copy of said Resolution of Intention at least fifteen (15) days before the time fixed for the hearing to each holder of title to taxable real property within the proposed district as such owner- ship is shown on the last equalized county assessment roll. Section 9. Information. For further information in connection herewith, all persons interested are hereby referred to that certain Resolution published concurrently herewith entitled: "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETER- MINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE ADDITION OF PARKING PLACES TO THE CENTRAL CITY PARKING DISTRICT AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING". All persons interested are further directed to the report of the Director of Public Works/City Engineer, which is referred to in Section 3 hereof. All persons interested and having questions prior to the hearing should contact Tom Crawford or Bob Wirts, City of San Bernardino, 300 North "D" Street, San Bernardino, California 92418. (714) 383-5124 or (714) 383-5226. -10-. C85-l0 (ic) A 1_ "'1'l'to San' Bernardino 60,OOS-SB-l I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ~~ thereof, held on the ~ day of ~~ by the following vote, to wit: meeting , 1979, NOES: ~ ~~77/do-t .4/.h//1~. r~;?/ , ~~7 tt/ ~ ~~rs / ,.6/W7- Members ~h7/ Members >;?.#V'..... AYES: ABSENT: ABSTAIN: -A'jW/~V; / Act1ng C1ty Clerk The foregoing Resolution is hereby approved this ,g"e/ day of ~ f San Bernardino Approved as to form: kf"~ -11- C211-10 (ap) 3/29/79 t. .. EXHIBIT "A" MAP OF BOUNDARIES OF CENTRAL CITY PARKING DISTRICT -12- C21l-11 (ap) 3/29/79 L "G" p,,/....I ST. r J .......---. ----,-------.-..,---....-----,-, .-~..... ....-~... \ ~., . N .,. .... - .. .~Ll ^ <:,-,.@, "" Ii' 01 ~ q) r. ~~ :i.~S"? ,yi. \V I .____.....____. t>; U,,", __(f)_.!", z. ~ II III ,@ @ n @ , !-! . -~--; t ~ 'I t. 4..._._..u I . ~~ ~i ~ ~I 'i HT... I-rf-!!- . +1 i ~ ~ ~ ..... ... ~ ,.. 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