HomeMy WebLinkAbout1989-253
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RESOLUTION NO. ___I3JJ-"j!~..3_
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. 991; 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 enacted an
Assessment District Ordinance
(Municipal
Code Chapter 12.90) to
provide for the procedure for the formation of assessment districts within
the City; and WHEREAS, it has now become necessary to consider the
formation of a landscaping maintenance assessment district within the City,
to be known as Assessment District No. 991; and
WHEREAS, as a further exercise of the powers vested in the City
by virtue of Section 19, Article XVI,
California Constitution,
the
City intends to conduct a hearing and hear protests, if any, as to why
the district should not be formed and the acquisitions and improvements
completed,
without compliance with the Special Assessment 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 AS FOLLOWS:
SECTION 1.
Pursuant to Chapter 12.90 of the San Bernardino
Municipal Code, the Mayor and Common Council of said City
hereby
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. 991, the boundaries of which are generally
as follows: bounded on the West by the center line of Palm Avenue; on the
East by the center line of Olive Avenue; on the North by the center line
of Verdemont Drive; and on the South by the South line of Ohio Avenue.
07-05-69
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. RESOLUTION OF INTENTION: PROPOSED ASSESSMENT DISTRICT NO. 991
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 proposed assessment 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
along portions of the South side of Verdemont Drive, the North and South
sides of Garfield Avenue, and the North and South sides of Ohio Avenue, all
between Palm Avenue and Olive Avenue. The estimated cost of said
maintenance, including incidental costs is $11,756.00 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, 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 number of single family residences on
each individual parcel within the boundaries of the assessment district.
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:
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RESOLUTION OF INTENTION: PROPOSED ASSESSMENT DISTRICT NO. 991
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 maintenance of landscaping. 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 maintenance contract,
incidentals will be collected in perpetuity
terminated by the City.
SECTION 6. That notice is hereby given that on August 21, 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
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 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
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.
energy
unless
costs and
otherwise
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"RESOLUTION OF INTENTION: PROPOSED ASSESSMENT DISTRICT NO. 991
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 in
relationship to the number of single family residences on each respective
lots or parcels involved in proportion to the total number of single
family residences within 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 resolution to be posted and mailed as
required by Section 12.90.040C of the Municipal Code of the City of San
Bernardino.
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 persons interested. This map shall govern
for all details as to the extent of the proposed improvement district.
I I I I I
I I I I I
I I I I I
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. RESOLUTION OF INTENTION: PROPOSED ASSESSMENT DISTRICT NO. 991
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and
Common Council of the City of San Bernardino
a
at
regular
meeting thereof held on the 17th day
of
July
, 19~, by the following vote, to-wit:
AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
Minor
NAYS:
None
ABSENT:
Council Members Pope-Ludlam, Miller
~~~4.b
/ City Clerk
The foregoing resolution is hereby approved this
July
, 198~
Approved as to form
and legal content:
James Penman,
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