HomeMy WebLinkAbout1986-075
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RESOLUTION NO
86 75
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 KNOWN AS .ASSESSMENT DISTRICT NO. 970.; 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 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 landscaping maintenance assessment district within
13 the City, to be known as .Assessment District No. 970.; and
14 WHEREAS, as a further exercise of the powers vested in the
15 City by virtue of Section 19, Article XVI, California
16 Constitution, the City intends to conduct a hearing and hear
17 protests, if any, as to why the district should not be formed and
18 the acquisitions and improvements completed, without compliance
19 with the Special Assessment Investigation, Limitation and
20 Majority Protest Act of 1931;
21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
22 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
23 SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino
24 Municipal Code, the Mayor and Common Council of said City, hereby
25 preliminarily find and determine that the public convenience and
26 necessity require, and it is the intention of the Mayor and
27 Common Council to form Assessment District No. 970, the
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1 boundaries of which are generally, as follows: Those portions of
2 Irvington Land and Water Company Subdivision, Rancho Muscupiabe,
3 Meyers and Barclay Subdivision and Meyers and Barclay Re-Sub and
4 encompasses all those properties which front on the Frontage Road
5 North of and adjacent to Interstate Highway 215 and extending
6 from Little League Drive, Northwesterly for approximately 5850
7 feet.
8 Reference is hereby made to the Engineer's Report on file in
9 the office of the City Clerk of said City for a map of the
10 boundaries of said district, a description of the type of
11 improvement, an estimated cost of the improvements and a proposed
12 assessment roll which Report and Assessment District Map are
13 hereby approved.
14 SECTION 2. It is the intention of said Mayor and Common
15 Council to order improvements within the district which
16 improvements consist of, but are not limited to, the maintenance
17 of landscaping on the North side of the Frontage Road for the
18 entire distance within the boundaries of the district together
19 with the maintenance of the .open space. areas and related Tot
20 Lot play equipment lying within Tentative Tracts No. 12756 and
21 13172 and the administration thereof.
22 The estimated cost of maintenance, including incidental
23 costs, is $185,171.00 per year and the cost of the first year is
24 estimated at $3,000.00 which sum has already been advanced by the
25 developers; any first years costs in excess of $3,000.00 may be
26 charged as the first year's assessment.
27 SECTION 3. Said contemplated work and improvements are of
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1 more than local or ordinary public benefit, and that said Mayor
2 and Common Council do hereby make the expense of such work and
3 improvement chargeable upon the district benefited by said
4 proposed work and improvement, and to be assessed to pay the cost
5 and expense thereof. All public streets or alleys, or portions
6 thereof, hereby are excepted from said assessment.
7 SECTION 4. The assessment benefit procedure to be followed
8 and the amount to be assessed against each particular parcel will
9 be a proportion of the total sum of the cost of the maintenance
10 and administration within the area in relation to the area of each
11 parcel of land therein as they relate to a single family
12 residential unit. Reference is hereby made to said Engineer's
13 Report on file in the office of the City Clerk for a detailed
14 estimated individual assessment.
15 SECTION 5. The assessment financing alternative to be
16 followed shall be as follows, to wit:
17 The costs shall be pre-funded by the City and the assessment
18 levied, collected and enforced in the same manner, at the same
19 time, and with the same penalties and interest as in the case of
20 taxes levied for the City for the repayment to the City of said
21 pre-funding.
22 The City shall recover interest on each year's pre-funding of
23 cost of maintenance of landscaping. Said interest shall be at the
24 average rate as the City is receiving on other City funds during
25 the period of expenditure.
26 The assessment for said district shall be made and collected
27 as follows: The costs of the annual maintenance contract and
28 administration thereof, will be collected in perpetuity unless
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1 otherwise terminated by the City.
2 SECTION 6. That notice is hereby given that on April 7,
3 1986, at the hour of 9:00 a.m., in the Council Chambers, in the
4 city Hall of said City, there shall be a public hearing before
5 said Mayor and Common Council for the purpose of determining
6 whether the public convenience and necessity require the formation
7 of the proposed improvement district without compliance with the
8 Special Assessment Investigation, Limitation and Majority Protest
9 Act of 1931 and whether the Mayor and Common Council should
10 proceed with ordering the above described maintenance and
11 administration.
12 At said hearing, any and all persons interested may appear
13 and show cause, if any they have, why the Mayor and Common Council
14 should not find and determine that the public convenience and
15 necessity require the formation of the proposed district without
16 compliance with the Special Assessment Investigation, Limitation
17 and Majority Protest Act of 1931; on the question of estimated
18 cost, and the intention of the Mayor and Common Council to proceed
19 to order work within the district.
20 SECTION 7. At said public hearing, all persons will be
21 heard, any holder of title to taxable real property within the
22 boundaries of the proposed district may file a protest in writing
23 with the City Clerk, not later than the hour hereinabove set for
24 hearing, containing therein a description of the property in
25 which the signer thereof is interested sufficient to identify the
26 same, and, if the signers are not shown on the last equalized
27 assessment roll as the owners of such property, must contain or be
28 accompanied by written evidence that such signers are the owners
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1 of such property. The basis for determining the existence of a
2 majority protest shall be based on the area of respective lots or
3 parcels involved in proportion to the area of the entire district.
4 SECTION 8. The City Clerk is authorized and directed to
5 cause a copy of this resolution to be published in a newspaper of
6 general circulation published in the City, and that said Clerk
7 shall cause a notice of the adoption of this resolution to be
8 posted and mailed as required by Section 12.90.040 Subsection C of
9 the Municipal Code of the City of San Bernardino.
10 SECTION 9. A copy of this resolution and a map showing the
11 exterior boundaries of the proposed improvement district with
12 relation to the territory immediately contiguous thereto and to
13 the proposed improvement will be on file with the City Clerk and
14 will be available for inspection by any person or persons
15 interested. This map shall govern for all details as to the
16 extent of the proposed improvement district.
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a
meeting thereof, held on
regular
20 the 4th
, 1986, by the following vote,
day of
March
21 to wit:
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Council Members
Estrada, Quiel, Frazier,
AYES:
Strickler
None
NAYS:
ABSENT:
Council Members Reilly, Hernandez, Marks
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/ City Cler
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resolution is hereby approved this ~C~ day
i,~,~)fJ~~
Mayor 0 {the City of\ San" ernardino
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The foregoing
(iJ:lu~
, 1986.
2 of
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5 Approved as to form:
6 ~~:cV
7 city Attorney'"""'"''''
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