HomeMy WebLinkAbout1989-216
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RESOLUTION NO. --1!9-2li....-_
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
3 DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF
A SECURITY AND MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION
4 TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT
DISTRICT NO. 990; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A
5 TIME AND DATE OF A PUBLIC HEARING.
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WHEREAS, the City of San Bernardino (hereinafter called "City")
7 as an exercise of its municipal affairs powers has enacted an
8 Assessment District Ordinance
(Municipal
Code Chapter 12.90) to
9 provide for the procedure for the formation of assessment districts within
10 the City; and
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WHEREAS, it has now become necessary to consider the formation
12 of a security and maintenance assessment district within the City,
to be
13 known as Assessment District No. 990; and
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WHEREAS, as a further exercise of the powers vested in the City
15 by virtue of Section 19, Article XVI,
California Constitution,
the
16 City intends to conduct a hearing and hear protests, if any, as to why
17 the district should not be formed and the acquisitions and improvements
18 completed,
without compliance with the Special Assessment Investigation,
19 Limitation and Majority Protest Act of 1931;
20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Pursuant to Chapter 12.90 of the San Bernardino
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Municipal Code, the Mayor and Common Council of said City hereby
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preliminarily find and determine that the public convenience and necessity
require,
and it is the intention of the Mayor and Common Council to
form
Assessment District No. 990, the boundaries of which are generally
as follows: bounded on the North by the centerline of Highland Avenue, on
the South by the centerline of that certain EastfWest alley South of 20th
05-30-89
RESOLUTION OF INTENTION: ASSESSMENT DISTRICT NO. 990
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Street, on the East by the centerline of Arden Avenue and on the West by the
centerline of Guthrie Street.
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
said district, a description of the type of improvement, an estimated
of the improvement and a proposed assessment roll which Report
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, security patrol, additional
street lighting energy and maintenance costs, additional monthly street
sweeping, and installation and maintenance of "No Parking" signs relative to
street sweeping dates. All improvements, with the exception of street
sweeping, will be carried out within all streets and alleys within the
district. The street sweeping will be limited to the streets only.
The estimated cost of said security and maintenance, including
incidental costs is $45,460.00 for the first year.
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 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, are hereby 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 security and maintenance and
incidentals within the area in relation to the number of single family units
within each parcel within the district. Reference is hereby made to
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of
cost
and
RESOLUTION OF INTENTION: ASSESSMENT DISTRICT NO. 990
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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 City shall recover interest on each year's pre-
funding of cost of security, maintenance and incidentals. Said interest
shall be at the average rate as the City is receiving on other City funds
during the period of expenditure.
The costs of the security and maintenance
costs and incidentals will be collected in
otherwise terminated by the City.
SECTION 6. That notice is hereby given that on July 17, 1989, at
the hour of 10:00 a.m., in the Council Chambers, 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
security and maintenance 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 security and 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
contracts,
perpetuity
energy
unless
05-30-89
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REsbLUTION OF INTENTION: ASSESSMENT DISTRICT NO. 990
1 the Special Assessment Investigation. Limitation and Majority Protest
2 Act of 1931; on the question of estimated cost. and the intention of the
3 Mayor and Common Council to proceed to order work within the
4 district.
5 SECTION 7. At said public hearing. all persons will be heard,
6 any holder of title to taxable real property within the boundaries of the
7 proposed district may file a protest in writing with the City Clerk,
8 not later than the hour hereinabove set for hearing, containing
9 therein a description of the property in which the signer thereof is
10 interested sufficient to identity the same, and. if the signers are not
11 shown on the last equalized assessment roll as the owners of such
12 property, must contain or be accompanied by written evidence that
13 such signers are the owners of such property. The basis for determining
14 the existence of a majority protest shall be based on the number of
15 single family units on respective lots or parcels involved in proportion
16 to the total number of single family units within the entire district.
17 SECTION 8. The City Clerk is authorized and directed to cause
18 a copy of this resolution to be published in a newspaper of general
19 circulation published in the City. and that said Clerk shall cause a
20 notice of the adoption of this resolution to be posted and mailed as
21 required by Section 12.90.040C of the Municipal Code of the City of San
22 Bernardino.
23 SECTION 9. A copy of this resolution and a map showing the
24 exterior boundaries of the proposed improvement district with relation to
25 the territory immediately contiguous thereto and to the proposed
26 improvement will be on file with the City Clerk and will be available for
27 inspection by any person or persons interested. This map shall govern
28 for all details as to the extent of the proposed improvement district.
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,
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RESOLUTION OF INTENTION: ASSESSMENT DISTRICT NO. 990
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a
reqular
meeting thereof held on the
19th
day
of
June
. 19~. by the following vote. to-wit:
AYES:
Council Members
NAYS:
Minor. PODe-Ludlam. Miller
Estrada, Reilly. Flores. Maudsley.
None
ABSENT:
None
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The foregoing resolution is hereby approved this 2;1 -4f day of
.1nnp-
, 19--1l.9-'
Approved as to form
and legal content:
James Penman.
City Atto=, ~A,
B;4Y~A1<l . J
05-30-89
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