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HomeMy WebLinkAbout1985-198 1 RESOLUTION NO. 8~j-198 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOW AS "ASSESSMENT DISTRICT NO. 956"; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. 3 4 5 6 WHEREAS, the City of San Bernardino (hereinafter called 7 "City") as an exercise of its municipal affairs powers has 8 enacted an Assessment District Ordinance (Municipal Code 9 Chapter 12.90) to provide for the procedure for the formation of assessment districts within the City; and 10 11 WHEREAS, it has now become necessary to consider the 12 formation of a landscaping maintenance assessment district within the City, to be known as "Assessment District No. 956"; 13 and 14 15 WHEREAS, as a further exercise of the powers vested in the City by virtue of Section 19, Article XVI, California 16 17 Constitution, the City intends to conduct a hearing and hear 18 protests, if any, as to why the district should not be formed 19 and the acquisitions and improvements completed, without compliance with the Special Asssessment Investigation, 20 21 Limitation and Majority Protest Act of 1931; 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 23 SECTION 1. Pursuant to Chapter 12.90 of the San 24 25 Bernardino Municipal Code, the Mayor and Common Council of said City, hereby preliminary find and determine that the public II ~ convenience and necessity require, and it is the intention of the Mayor and Common Council to form Assessment District No. 26 27 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 II II 23 I! 24 I , 25 26 I , 27 II 28 Ii I' 956, the boundaries of which are generally, as follows: Bounded on the West by Waterman Avenue; on the East by Tippecanoe Avenue; on the South generally by Interstate Highway 10; on the North generally by the Santa Ana River and by Brier Drive. 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 pro- posed 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 maintenance of landscaping in portions of Waterman Avenue, Carnegie Drive, Vanderbilt Way, Hospitality Lane, Harriman Place, Brier Drive and Tippecanoe Street within the boundaries of said District and the administration thereof. The estimated cost of said maintenance, including inci- dental costs is $117,382.00. 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 upon the district, which dis- trict 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 2 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 portions thereof. 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 maintenance and incidentals within the area in relation to the area of each parcel of land therein. 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 the maintenance contract. water and energy costs and incidentals will be collected in perpetuity unless otherwise terminated by the City. SECTION 6. That notice is hereby given that on July 1. 1985. 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 forma- tion 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 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 I Council should proceed with ordering the above described main- tenance. 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 identity the same. and. if the signers are not shown on the last equalized assessment roll as the owners of such property. must contain or be accompanied by written evidence that such signers are the owners of such property. The basis for determining the existence of a majority protest shall be based on the area of respective lots or parcels invol- ved in proportion to the area of the entire district. SECTION 8. The City Clerk is authorized and directed to cause a copy of this resolution to be published in a newspaper of general circulation published in the City. and that said Clerk shall cause a notice of the adoption of this 4 10 1 resolution to be posted and mained as required by Section 2 12.90.040C of the Municipal Code of the City of San Bernardino. 3 SECTION 9. 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 4 5 6 7 persons interested. This map shall govern for all details as 8 to the extent of the proposed improvement district. 9 11 adopted by the Mayor and Common Council of the City of San I HEREBY CERTIFY that the foregoing resolution was duly 12 13 Bernardino at a regular meeting thereof, held on the day of , 1985, by the 1rd June 14 foll owi ng vote, to wi t: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Estrada. Reillv. Hernandez. Marks, Frazier. Strickler NAYS: None ABSENT: Council Member Ouiel ~t1(4~~ / C ty Cler The foregoing resolution is hereby approved this ..$./7/ day of June , 1985. 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 II Approved as to form: ~~:ev C1 ty Attorney 6 May 20, 1985 File No. 14.40-20 ENGINEER'S REPORT Carnegie Drive Area Landscaping Maintenance District Regarding the improvements in the Carnegie Drive Area by the main~enance of landscaping in Waterman Avenue, Vanderbilt Way, Carnegie Drive, Brier Drive, Hospitality Lane, Harriman Place and Tippecanoe Avenue, the costs are estimated as follows: Inspection: $73,382.00 $35.000.00 $ 5.000.00 $ 4,000.00 $117.382.00 Maintenance Costs: Water and Electricity: 1st Year Assessment Engr.: Total to be Assessed: This information together with the attached ASSESSMENT DISTRICT MA~ and PROPOSED ASSESSMENT ROLL is being filed pursuant to Chapter 12.90 of the City's Municipal Code relative to the forthcoming Resolution of Intention for the establishment of an Assessment District to be know as Assessment District No. 956. '-- . ROGER G. HARDGRAVE Director of Public Works/City Engineer VJN:pa Attach. PROPOSED 1985 ASSESS. ROLL. ASSESS. DiSTR. 956 ASS/iT ASSESSORS TOTAL ASSliT 'NO. PRCL. NO. 1 281-341-06 4736.94 2 281-341-05 4373.32 3 28.1-341-04 3572.36 4 281-021-31 6962.92 5 281-341-02 1184.23 6 281-351-01 727.24 7 281-351-02 727.24 8 .. 281-351-03 1017.16 9 281-351-04 727.24 10 281-351-05 712.50 11 281-351-06 1184.23 12 281-351-07 1071.21 13 281-351-08 1071.21 14 281-351-09 1346.39 15 281-351-10 2284.93 16 281-351-11 1641. 22 17 281-351-12 1474.15 18 281-351-13 1778.81 19 281-351-14 1533.12 20 281-351-15 3036.75 21 281-351-16 1346.39 22 281-341-01 1375.87 23 281-341-03 2004.84 24 281-371-09 1823.03 25 281-371-10 899.23 26 281-371-11 5896.61 27 281-371-03 21331.01 28 281-361-05 3331. 58 29 281-361-06 3542.88 ASSi1T; ASSESSORS TOTAL ASSMT ~(J. PRCL. NO. , 30 281-361-07 3272.62 31 281-361-08 2825.46 32 281-361-09 2997.44 33 281-361-03 2053.98 34 281-361-04 2044.16 35 .281-361-02 3248.05 36 281-361-01 2997.44 37 281-371-08 3429.86 .. 38 281-371-07 . 3439.69 " 39 281-371-06 4373.32 40 281-371-05 3985.13 TOTALS ~0040 40 117381. 76 . ..... .". ...... -. ..:..: . :-. ::......-:.!. :.~ :f:~':':;. .. -:.. .-!:- . , ....:". .--. . :-- . ~:_- ..:-. . ;-.. ~ .....:::. , ". _. - .. . .." _a.