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HomeMy WebLinkAbout1981-360 1 2 3 RESOLUTION NO. 81-360 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF LANDSCAPING AND MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT. TO BE KNOWN AS THE "WAGONWHEEL ROAD AREA LANDSCAPING AND MAINTENANCE DISTRICT AND SETTING AND DIRECTING PUBLICATION Of NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. 4 5 6 WHEREAS, The City of San Bernardino (hereafter called "City") as an exercise of its municipal affairs powers has enacted an Assessment District Ordinance (Ordinance No. 3963) 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 landscapin9 and maintenance assessment district within the City, to be known as "Wagonwheel Road Area Landscaping and Maintenance District"; 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 protest. if any, as to why the dist- rict 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 THAT: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 25 SECTION 1. Pursuant to Ordinance No. 3963, the Mayor and Common Council of said City, hereby preliminary find and determine that the public convenience and necessity require and it is the intention of the Mayor and Common Counci 1 to form the "Wagonwheel Road Area Landscaping and Maintenance District", the boundaries of which are generally, as follows: Zone 1; between Kendall Drive and Interstate Highway 15E and between the San Bernardino County Flood Control District's Devils Canyon Oiversiol'l.channi!land Buckboard Ddve: Zone 2; between Kendall Drive and Inter- -1 - 21 22 23 24 26 27 28 1 state Highway 15E and between Buckboard Drive and the intersection of 2 the Northeasterly line of Interstate Highway 15E and Kendall Drive, South- 3 easterly of Palm Avenue. 4 Reference is hereby made to the Engineer's Report on file in the 5 office of the City Clerk of said City for a map of the boundaries of said 6 district, a description of the type of improvement, an estimated cost of 7 the improvement and a proposed assessment roll. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 installation of trees, turf, automatic irrigation, all appurtenances and related facilities in the existing parkway of Kendall Way and in the Southwesterly parkway of Kendall Drive between Surrey Lane and Buckboard Drive; the installation of a bus stop shelter at Wagonwheel Road and Kendall Drive; The maintenance of all landscaping, appurtenances and related faci- lities in: the existing parkway of Kendall Way and in the Southwesterly parkway of Kendall Drive between the San Bernardino County Flood Control District's Devils Canyon Diversion Channel and thetl'ft.rsel!tf'on' of the Northeasterly line of Interstate Highway 15E and Kendall Drive, Southeasterly of Palm Avenue. The estimated cost of said-improvements and construction, including incidental costs is $25,740. The estimated cost of the first year's maintenance is $20, BOO.. SECTION 3. Said contemplated work and improvement 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, - 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 all properties belonging to the City of San Bernardino, the San Bernardino County Flood Control District and the Southern California Edison Company 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 propor- tion of the total sum of the cost of the improvements and incidentals and maintenance within the area of each zone in relation to the number of single family residential lots, either actual or computed in each zone. 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 cost of construction 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 installation and construction will be collected over a period of five (5) fiscal years and the maintenance of said areas will be collected in perpetuity unless otherwise terminated by the City. SECTION 6. That notice is hereby given that on October 5. 1981. at the hour of 2:30 P.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 formation of the proposed improvement district without com- pliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and whether the Mayor and Common Council should pro- ceed with ordering the above described improvement. - 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 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 forma- tion of the proposed district without compliance with the Special Assessmen 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 con- taining therein a description of the property in which the signer thereof is interested sufficient to identify 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 the respective lot or parcel involved 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 circula- tion 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 5(b) of Ordinance No. 3963. SECTION 9. A copy of this resolution and a map showing the exterior boundaries of the proposed improvement district with relation to the terri- tory 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. - 4 - 2 .1 jl . !I 3 ., ,I Ii 4 I 5 II 6 7 8 9 ]0 11 12 13 14 15 ]6 17 I HEREBY CERTIFY that the foregoing resolution was duly adopted by tne Mayor and Common Council of the City of San Bernardino at an Adj ourned Regular meeti ng thereof, held on the 17th day of August , 19~, by the following vote, to wit: AVES: COUNCILMEN Castaneda, Reilly, Hernandez. Botts, Hobbs, Strickler NAYS: None ABSENT: Council Member Hudson ,~~~ The foregoing resolution is hereby approved this ~~ day of August , 19 81 to form: 20 21 22 23 24 25 26 27 28 To Shauna Clark, City Clerk August 10, 1981 File No. 14.40-10 " , ENGINEER'S REPORT WAGONWHEEL ROAD AREA LANDSCAPING AND MAINTENANCE DISTRICT Regarding the improvements of the Wagon R0ad area by the construction of landscaping facilities and all appurtenances in the existing parkway of Kendall Way and in the Southwesterly parkway of Kendall Drive between Surrey Lane and Buckboard Drive; the installation of a bus stop s~elter at Wagonwheel Road and Kendall Drive and the maintenance of landscaping and appurtenant facilities in the existing parkway of Kendall Way and in the Southwesterly parkway of Kendall Drive generally between the San Bernardino Countv Flood Control District's Devils Canvon Diversion Channel and the intersection of the Nn:^theasterly line of Interstate Highway 15E and Kendall Drive, Southeasterly of Palm Avenue, the costs are estimated as follows: First Year Maintendnce Cost: $24,750 990 25,740 (ZONE 1) 2,400 (ZONE J) 18,400 (ZONE 2) $46,540 . Construction Cost:. Incidental Expenses: Total Cost: Total to be Assessed: This information together with the attached ASSESSMENT DISTRICT MAP and PROPOSED ASSESSMENT ROLL .is being filed in your office pursuant to the City's Assessment District Ordinance relative to the forthcoming Resolution of Intention for the establishment of an Assessment District in the Wagonwheel Road Area. C: GLENN WI LSON Director of Public Works/City Engineer 1J .\;" /;() C " {I ?/"5<:'1 c..~J !/ ~ c;C-<;/';P/L-. ROGER G. HARDGRAVE Assistant City Engineer VJN:feg Attach. ZONE 1 266-261-01 266-261-02 266-261-03 266-261-04 .266-261-05 266-261-06 266-266-07 266-261-08 266-261-09 266-261-10 266-261-11 266-261-12 266-261-13 266-261-14 266-261-15 266-261-16 266-261-17 266-261-18 266-261-19 PROPOSED WAGONWHEEL ROAD AREA LANDSCAPING DISTRICT PROPOSED ASSESSMENT ROLL ( A PART OF THE EIIGINEER' SRE~ORT) 107.82 107.84 107. 82 107. 84 107.82 107.84 107.85 107.83 107.84 107.83 107.84 10 7 .83 107.84 107.83 107.83 107.83 107.83 10 7.83 107.83 Page 1 of 5 " , t PROPOSED WAGONI,HEEL ROAD AREA LANDSCAPING DfSTRICT PROPOSED ASSESSMENT ROLL . ( A PART OF THE E:1GINEER 'S :REPORT) ZONE 1 . 266-262-01 107.83 266-262-02 107.82 266-262-03 107.83 266 -262 -04 107.82 266-262-05 107.84 266-262-06 107.82 266-262-07 107.83 266-262-08 107.82 266-262-09 oil... 107.83 266-262~10 107.83 266-262 -11 107.83 266-262-12 107.82 266-262-13 . 107.83 266-262-14 107.82 266-262 -15 107.84 266-262-16 10 7 .82 266"262-17 10 7.83 266-262-18 107.82 . 266-262-19 . 107.83 266-262-20 107.83 P!ige 2 of 5 . . PROPOSED WAGONWHEEL ROAD AREA LANDSCAP~NG DISTRICT PROPOSED ASSESSMENT ROLL ( A PART OF. THE EiIGIt'-:EER I S REPORT) Page 3 of 5 107.83 · 107.82 107.83 107.82 107:.84 107.82 107.83 107.82 .~.. 107.83 107.83 107.83 107.82 107. 83 107.82 107.84 107.82 107.83 107.82 107.83 107.83 t ZONE 1 266-263-14 266~ 26 3-15 266-263-16 266-263-17 266-263-18 266-263-19 266-263-20' 266-263-21 266-263-22 266-263-23 266-263-24 266-061-10 266-061-11 266-061-12 . ' ,. , PROPOSED WAGONWHEEL ROAD AREA LANDSCAP'ING DISTRICT PROPOSED ASSESSMENT ROLL , ( A PART OF THE EIIGI~Et~ 'S 'REPORT) Page 4 of 5 ....... " 10 7.83 107.82 107.83 107.82 107.84 107. 82 ' 107.83 . 107.82 107.83 107.83 107.83 NIL NIL NIL . ZONE 2 , 266-031-04 266-031-11 266-031" 12 266-031-13 266-031~ 14 266-041-01 266-051-07 " .' II .' u PROPOSED HAGONHIIEEL ROAD ARE^ LANDSCAPING DISTRICT PROPOSED ^SSESSr~ENT ROLL ( ^ PART OF TilE EiiGmEER I S REPORT) .. .. " .' ..' " - .' . Pirge 5 of 5 .' 'il.. . ,. NIL 605.76 5,300.41 227.16 4,391. 77 302.88 7,572.02 " " . I,. , " . : " '. ~~~ ~"'lt\ ~~~ ~~~ .~~. ~ , ~~ ~$:)~ ,,~'-' ~'-l::::\ ~~~ f'\ '~, ~ ::-1.\\::..... .~ '\) I I I /;' , " Ir.... . . ~ . .. - . 'r-~,...... _. ..... . .... t'!"':"""L. .:::::._........ -.'--..:" .,.t., ..'..;) /'/ 'J I I ., . , . I' ," \" " , :. . \ 'f '~., .' ~', ',I '. ',\ . '" \,,' ... " .,', " .. .- .: ,.' " . I . r' % -t .. :0 .. -t ,.. ... ... I \ :J: ~ 1 z o . -. 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