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HomeMy WebLinkAbout1981-033 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 RESOLUTION NO. P/-..3.3 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARY DETERMIN~NG THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITH- IN THE DISTRICT, TO BE KNOWN AS THE "STATE COLLEGE AREA LANDSCAPING DISTRICT" AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEAR ING. 3 4 5 6 WHEREAS, the City of San Bernardino (hereafter called "City") as an exercise of its municipal affairs powers has enacted an Assessment Dis- trict 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 landscaping assessment district within the City, to be known as "State College Area Landscaping 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 in- tends to conduct a hearing and hear protest, if any, as to why the district should not be formed and the acquisitions and improvements completed, with- out compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; 7 8 9 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 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 Council to form the State ColJege Ai'ea Landscaping District; 'the boundar~es of which are generally, as follows: Zone 1; between Kendall Drive and Interstate Highway 15 L and between State Street, Westerly to the San Bernardino County Flood Control District Channel: Zone 2; between Northpark Boulevard and the Flood Control channel North of Kendall Drive and between Western Avenue and State College Parkway: lone 3; North of Northpark Boulevar - 1 - 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 between Little Mountain Drive and Mountain Drive. 2 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. SECTION 2. It is the intention of sai~. 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 both sides of State College Parkway between Northpark Boulevard and Kendall Drive, and the Median strip in State College Parkway between Kendall Drive and Interstate Highway 15E; 3 4 5 6 7 8 9 The maintenance of all landscaping, appurtenances and related faci- lities on: Both sides and median strip of State College Parkway between North Park Boulevard and Interstate Highway 15E; West side of State Street between Kendall Drive and State College Parkway; both sides of College Drive between State Street, West to its Westerly terminus; Southerly side of Kendal.l Drive between State College Parkway, Northerly to the San Bernardino County Flood Control channel; Southerly side and median strip of Northpark Boulevard between State College Parkway and Mountain Drive; both sides of Little Mountain Drive between Northpark Boulevard and the Flood Control channel North of Kendall Drive; both sides of 48th Street between Western Avenue; West to the Flood Control channel North of Kendall Drive; The estimated cost of said improvements and construction, including in ddi!ntlll.;ccomttJ!~ $279,400. The estimated cost of the first year's mainten- ance is $60,817. 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 - 2 - 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 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 district. 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 within the area of the total district 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 assess- ment. 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. There will be a contribution made to the project by the City in an amount equal to the actual cost of the construction improvement made to the parkways in State College Parkway between Kendall Drive and Northpark Boulevard. Said amount is estimated at $123,950. The assessment for said district shall be made and collected as follows: The installation and construction, minus the City's contribution, 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 March 2, 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 - 3 - for the purpose of determining whether the public convenience and necessity 2 require the formation of the proposed improvement district without compliance' 3 with the Special Assessment Investigation, Limitation and Majority Protest 4 Act of 1931 and whether the Mayor and Common Council should proceed with 5 ordering the above described" improvement. 6 At said hearing, any and all persons interested may appear and show 7 cause, if any they have, why the Mayor and Common Council should not find , I 8 and determine that the public convenience and necessity require the formation: 9 of the proposed distrtct without compliance with the Special Assessment Inves~- 10 igation, Limitation and Majority Protest Act of 1931; on the question of esti- II mated cost, and the Intention of the Mayor and Common Council to proceed 12 to order work within the district. 13 SECTION 7. At said public hearing, all persons will be heard, any 14 holder of title to taxable real property within the boundaries of the pro- 15 posed district may file a protest in writing with the City Clerk containing 16 therein a description of the property in which the signer thereof is inter- l7 ested sufficient to identify the same, and, if the signers are not shown on 18 the last equalized assessment roll as the owners of such property, must con- 19 tain or be accompanied by written evidence that such signers are the owners 20 of such property. The basis for determining the existence of a majority 21 22 23 24 25 26 27 28 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 circulation published in the City, and that said Clerk shall cause a notice of the adopt- tion 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 - 4 - 7 8 9 10 II 12 13 14 15 16 I7 18 19 2 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 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 3 4 5 6 ~dW I \ , CMAAl^ 1/ () AYE : day of meeting thereof, held on the /y~ NAYS: ABSENT: 19B1, by the following vote to wi t: Councilmen: y:f;~kL7L// ~J/'7'-tZY!L,--< dt.;;.:ldAJ / ~) v ~uA'Lri~ ~r~)AI~ ~i[f~# ~-L...,.j Th(foyegoing resolution is hereby approved this =<7,;J~ , , day of \/~Lfjr ' 19B1. i/ 20 21 Approved as to form: 22 23 24 25 26 27 28 ~~._~~ ty t orney - 5 - , , January 12,' 1981 , File No. 14',40-03 . TO: SHAUNA CLARK, City Clerk ENGINEER'S REPORT STATE COLLEGE AREA LANDSCAPING DISTRICT Regarding the improvements of the State College area by the construction of landscaping and appurtenant facilities in State College Parkway between Interstate Highway l5E and Northpark Boulevard and the maintenance of parkways and related median strips in State College Parkway between Interstate Highway l5E and Northpark Boulevard; Kendall Drive between State College Parkway, Northerly to the San Bernardino County Flood Channel; State Street between Kendall Drive and State College Parkway; College Drive between State Street, West to its Westerly terminus; Northpark Boulevard between State College Parkway and Mountain Drive; Little Nountain Drive between Northpark Boulevard and the Flood Control Channel North of Kendall Drive; 48th Street between Western Avenue, West to the Flood Control Channel North of Kendall Drive, the costs are estimated as follows: Construction cost: $265,135 $14,265 $279,400 $123,950 $60,817 $216,267 Incidental Expenses: Total cost: Contribution by the City: First year Maintenance 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 State College area for , Landscaping, . ' TO: SHAUNA CLARK, City Clerk January 12, 1981 File No. 14.40-03 Page 2 , C. GLENN WILSON Di rector of Pub 1 i c Horks/Ci ty Engi neer I"'I'-'Y( % l1~tutr--'{"- ROGER G. HARDGRAVE Assistant City Engineer VJN: ro Attach. .. II .. '.i ESTIMATED ASSESSMENT ROLL ZONE 1 266-061-04 3,256.18 266- 072- 52 9,318.15 26~-072-04 404.24 266-072-05 81.93 266- 072- 53 1 ,065.28 266-072-73 4,694.67 266-072-54 6,522.93 266-072- 51 2,044.15 266-072-74 2,676.44 266-072-71 1,139.21 266-072-37 2,168.18 266-072-57 367.77 266-072-58 3,341.85 266-072-40 964.66 266-072-39 553.53 266-072-67 2,145.21 266-081-fl1 70.77 266-081-02 71. 74 266-081-03 77.35 266-081-04 71.91 266-081-05 99.67 266-081-06 144.73 266-082-01 42.37 Page 2 ESTIMATED ASSESSMENT ROLL Page 3 ESTIMATED ASSESSMENT ROLL ZONE 1 266-101-17 93.68 266-J01-18 97.99 266-101-24 Nil 266-101-25 Nil 266-101-26 Nil 266-101-22 452.47 266-381-01 36.55 . 266-381-02 38.28 266-381-03 38.28 266-381-04 38.28 266-381-05 38.28 266-381-06 37.96 266-381-07 43.45 266-381-08 56.98 266-381-09 49.85 266-381-10 40.60 266-381-11 42.45 266-381-12 42.45 266-381-13 42.45 266-381-14 42.45 266-381-15 42.45 .. 266-381-16 42.45 266-381-17 42.45 266-381-18 42.45 Page'4. ESTIt1ATED ASSESSMENT ROLL ZONE 1 266-381-19 42.45 266-381-20 38.49 266-381-21 38.49 266-381-22 38.49 266-381-23 38.49 266-381-24 38.49 . 266-381-25 38.49 266-381-26 38.49 266-381-27 38.49 266- 381- 28 38.49 266-381-29 41. 91 266- 381- 30 54.23 266-381-31 58.24 266-381-32 50.49 266-381-33 45.56 266-381-34 41.76 266-381-35 39.48 266-381-36 37.96 266-381-37 37.96 266-381-38 37.96 .: 266-381-39 37.96 . 266-381-40 37.96 ESTIMATED ASSESSMENT ROLL ZONE 2 266-122-06. 266-115-11 266- 115- 12 266- 11 5- 13 266-115-07 266-115-08 266-115-09 266-131-24 266-131-28 266-131-29 266-131-27 266-131-23 226-131-19 266- 131- 26 266-131-22 266- 131-21 266-131-20 266- 131- 04 266- 132-09 266- 132- 02 266-281-01 266-281-02 266-281-03 266-281-04 266-281-05 330.18 370.21 Nil Nil 808.92 1,310.56 1,976.94 753.38 2,417.50 2,374.92 1,851.07 1 ,1 32. 85 4,716.53 2,036.18 382.45 914.43 707.11 740.43 1,140.26 316.54 61.19 40.45 37.93 41.61 36.33 ESTIMATED ASSESSMENT ROLL ZONE 2 266- 281-06 266-281-07 266-281-08 266-281-09 266-281-10 266- 281- 11 266-281-12 266- 281- 13 266-281-14 266-281-15 266-281-16 266-281-17 266-281-18 151-241-01 151-241-11 36.33 41.61 37.93 38.72 108.51 41.61 36.33 ' 36.33 41. 61 41.93 38.25 34.00 33.87 Nil Nil '1 . 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