HomeMy WebLinkAbout1986-322
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RESOLUTION NO. 86-322
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
3 FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT;
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
4 D 1ST R I C T , TO B E K NOW N A S II ASS E SSM E N T D 1ST R I C T NO. 9 7 6 ': AND
WAIVING NOTICE AND HEARING.
WHEREAS, the City of San Bernardino hereafter called
(IICityll) 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 landscape maintenance assessment district within
the City, to be known as IIAssessment District No. 97611;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
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.
976, the boundaries of which are generally, as follows:
generally bounded on the Northeast by the centerline of Belmont
Avenue;
on the Southeast by the Easterly line of Tract No.
10979; on the Northwest by the centerline of Walnut Avenue; on
the Southwest by a meandering line which begins on the
centerline of Walnut Avenue at the intersection of the North
line of Tract No. 12629 and proceeds Southeasterly along said
North line and follows the Southerly boundary of Tract No. 11843
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1 to Pine Avenue; then proceeds Southwesterly along Pine Avenue to
2 a point approximately 570 feet South of Irvington Avenue then
3 proceeds Southeasterly approximately 700 feet; then proceeds
4 Northeasterly to Irvington Avenue; then proceeds Southeasterly
5 along Irvington Avenue to the Southerly prolongation of the
6 Easterly line of said Tract No. 10979.
7 Reference is hereby made to the Engineer's Report on file
8 in the office of the City Clerk of said City for a map of the
9 boundaries of said district, a description of the type of
10 improvement, an estimated cost of the improvement and a proposed
11 assessment roll which Report and Assessment District Map are
12 hereby approved.
13 SECTION 2. It is the intention of said Mayor and Common
14 Council to order improvements within the district which
15 improvements consist of, but are not limited to, the maintenance
16 0 f 1 and s cap i n gin po r t ion s 0 f Bel m 0 n t A v e n u e. , I r v i n g ton A v e n u e ,
17 Pine Avenue, and the Metropolitan Water District property which
18 adjoins Pine Avenue on the Southeast.
19 The estimated cost of said maintenance, including
20 incidental costs is $5,000.00 for the first year and is
21 estimated at $33,349.00 for each subsequent year.
22 SECTION 3. Said contemplated work and improvements is of
23 m 0 r e t h a n 1 0 c a lor 0 r din a r y pub 1 i c be n e fit, and t hat sa i d May 0 r
24 and Common Council do hereby make the expense of such work and
25 improvement chargeable upon the district, which district is
26 hereby declared to be the district benefited by said proposed
27 work and improvement, and to be assessed to pay the cost and
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expense thereof.
All public streets or alleys, or portions
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thereof, or property belonging to the City of San Bernardino or
the San Bernardino County Flood Control District,
are hereby
excepted from said assessment.
SECTION 4.
The assessment benefit procedure to be fol-
lowed and the amount to be assessed against each particular
parcel will be a proportion of the total sum of the cost of the
maintenance,
incidentals and interest within the area in
relation to the number of single family residences within the
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:
Maintenance 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 penaltie9 and interest as in
the case of taxes levied for the City for the repayment to the
City of said pre-funding.
City shall recover interest on
each
year's
The
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 assessment for said district shall be made and
collected as follows:
The costs of the maintenance contract, incidentals, and
interest will be collected in perpetuity unless otherwise termi-
nated by the City.
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SECTION 6.
That the City elects to proceed without
2 Notice and Hearing pursuant to Section 12.90.040C(5) of the
3 Municipal Code as the request represents 100% of the property
4 owners liable to be assessed for the maintenance.
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SECTION 7.
A copy of this resolution and a map showing
6 the exterior boundaries of the proposed improvement district
7 with relation to the territory immediately contiguous thereto
8 and to the proposed improvement will be on file with the City
9 Clerk and will be available for inspection by any person or
10 persons interested. This map shall govern for all details as to
11 the extent of the proposed improvement district.
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I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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Bernardino at a meeting thereof, held on the
4th
day of
August
, 1986 by the following vote, to wit:
AYES:
Council Members Estrada, R~illY, Hernandez,
Marks, Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Quiel
~ /2-
'l W~rr~
,) 1 ty e r
The foregoing resolution is hereby approved this 5th
August
day of
, 1986.
;L' ~:. 1
~~i~fh~~ If! 6~{~~tna rdi no
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Approved as to fo rm :
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2 ~)j90~
3 Clty A torney
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