HomeMy WebLinkAbout22-Public Works
CIT~ SAN BERNARDI'O
File No. 14.40-72
- REQU~T FOR CO
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AC~N
From: ROGER G. HARDGRAVE, Director .,' ',' [!un' -..iect:
REe 0.- A r..... orl".
Dept: Public Works IEngineering 1939 JlJli -I l'K 2: 33
Date: May 30, 1989
Resolution of Intention --- Verdemont
and Olive Landscape Maintenance Dis-
trict (AD 991)
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Synopsis of Previous Council action:
04-17-89 --- Authorization to proceed was given.
Recommended motion:
Adopt Resolution.
cc: Jim Robbins, Acting City Administrato
Jim Richardson, Deputy City Administr
James Penman, City Attorney
Andrew Green, Director of Finance
Contact person~es Fogassy
Supporting data attached: Staff Rep. ,Eng.Rep., Resolution
Phone:
5334
Ward:
5
FUNDING REQUIREMENTS:
Amount: S 3.000.00
Source: (Acct. No,) 251-666-53925 (Tax HilI Assessment)
(Acct. Description)
Assessment D~91
Finance: ;;)
To be ])llid from monies advanced bv the developer
Council Notes:
75-0262
Agenda Item No '~~~
C:I~~ OF SAN BERNARDLo - REQuCST FOR COUNCIL ~ON
STAFF REPORT
This action is the result of a request of the developers of the Verdemont and
Olive Area in response to the requirement of the City to establish an
assessment district for the maintenance of landscaping along portions of
Verdemont Drive, Garfield Avenue and Ohio Avenue.
The purpose of the action is to preliminarily determine that
convenience and necessity require the formation of a
maintenance district; declaring the intention to proceed to order
the district to be known as the "Verdemont and Olive Area
Maintenance District".
the public
landscaping
work within
Landscaping
Pursuant to Chapter 12.90.040C(5) of the Municipal Code, notice and hearing
wil1 not be required as 1001 of the owners of the property to be assessed have
requested the district.
A copy of the Engineer's Report is attached herewith for your convenience.
5-30-89
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May 30, 1989
File No. 14.40-72
llHGIllEKR'S REPORT
CITY OF SAM BERNARDINO
PlI.OPOSED ASSESSKENT DISTRICT NO.991
VERDEKONT AND OLIVE AlIEA LANmlCAPING ILUNTENANCE DISTRICT
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CITY OF SAN BERNARDINO
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ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 991
PETITION -- On March 20, 1989, this office received a petition from Monig
Development, Inc. for the establishment of an assessment district for
the maintenance of landscaping for Tract No. 12413 and Tentative Tracts
No. 12461. 12460 and 13619 as delineated on the attached vicinity sap.
This petition was the result of a requirement placed upon these
Tracts by the City to relieve the Department of Parks and Recreation
from having to maintain the areas.
AUTIIORIlATION TO PROCEED -- On Apri 1 17, 1989 . the City Engineer and City
Clerk were authorized to initiate proceedings under the provisions
of Chapter 12.90 of the San Bernardino Municipal Code and the City
Engineer was directed to prepare this report.
ADVANCE OF ESTIMATED COSTS -- On April 20, 1989, and pursuant to Chapter
12.94.030 of the Municipal Code, the developer was requested "',to
advance the estimated cost of $3,000.00 to cover the cost of the
proceedings. The deposit was received on May 5, 1989 and was
deposited into the proper account from which to draw the actual costs
of proceedings. If the actual costs are less than the deposit, then
the remainder will be returned to the developer and if the actual costs
are more than the deposit. then the remainder can either be paid in a
lump sum by the developer or assessed against the properties involved.
EASEKENTS --Although the property is presently undeveloped, when the Tracts are
recorded, certain easements for Landscape Maintenance purposes will
be granted on the Tract Maps to the City to allow the district to
maintain the areas which are outside the dedicated rights of way as
the district cannot function on private property.
DESCRIPTION OF DlPROVEIIENTS -- The improvements to be maintained ine! ude a
strip of ground cover on the South side of Verdemont Drive. the North
and South sides of Garfield Street. between Palm Avenue and Olive
Avenue, and the North and South sides of Ohio Avenue, all between Palm,
Avenue and Olive Avenue.
PLANS AND SPECIFICATIONS --Plans and Specifications for the landscaping are
being prepared by the developer and must be approved by the Department
of Parks and Recreation and must provide for separate watering systems.
electric and water meters which can be monitored and billed directly to
the assessment district for inclusion into the annual assessment rolls
after a one year plant guarantee period by the developer.
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DllSCRIPTION OF BOUNDARIES -- On March 30, 1989, the boundarIes of the proposed
district were determined and are delineated on the attached Proposed
Boundary Map of Assessment District No. 991. The properties
involved presently are all of Tract No. 12413 and tentative Tract No.s
13619, 12460 and 12461.
VICINITY KAP -- The vicinity map is attached as Exhibit 1.
DISTRICT BOUNDARY KAP -- A reduced copy of the District Boundary Map is attached
as Exhibit 2.
METHOD OF ASSJlS8HENT --Landscaping and its proper maintenance enhances the
esthetics of any given area and the benefit received by the owners of
properties in the area is determined to be equal to the number of
households who utilize the landscaped areas either as ingress, and
egress to the households or by actual physical use of the land as in
the case of "open areas". The boundaries of the proposed district are
drawn with this in mind and the Resolution of Intention delineates the
specific areas of maintenance which will benefit all of the properties
within the boundaries.
Hence, each residential unit, be it a single family residence; a
condominium or an appartment will be assessed an equal share ,in the
cost of maintenance (1 residential unit - 1 assessment). Under~ a
cituation where vacant land is included within the district, the
property will be arbitrarily divided into 7,200 square foot lots ainus
25~ of the area for anticipated future streets and will be assessed
accordingly. When the property actually subdivides, it will be
assessed on the 1 residential unit - 1 assessment 'basis.
KETROD OF FINANCING -- When the landscaping is actually in place and has been
maintained in good order by the developer for the one (1) year pI ant
guarantee period, the assessment district will take over the
maintenance and will let contracts therefor on a fiscal year basis.
The fiscal year basis is for assessment purposes as the County Tax
Rolls are prepared on the same basis. The City will upfront the costs
of the annual contract and will be reimbursed each year through
assessments, plus interest, and collected on the annual County Tax
bills. Eventually, these costs will come from the City's Assessment
District Reserve Fund, presently they come from the General Fund.
ASSESSKBNT ROLL -- Presently there are 28 parcels, 4 of which are vacant, liable
to be assessed which constitute 137.57 family units according to
formula. When all of the Tracts are complete, there will be 93
assessments. The proposed assesssment roll has been prepared to
reflect the first assessment (cost of proceedings. only) , attached
as Exhibit 3 and prepared to reflect the estimated maintenance
and administration cost for one year, attached as Exhibit 4.
Although the assessment roll as attached represents the' vacant land,
when built out each assessment would be estimated at $ 126.40 each for
subsequent years.
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BONDS
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No bonds are to be sold on this proposed assessment district. The
costs will be up-fronted by the City and the assessaents will be
collected on the County Tax bill annually based on actual annual costs
incurred for the maintenance and administration of the district plus
interest.
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FIlIBT YBAJt:
Cost of proceedings only, estimated at
(See Exhibit 3)
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$ 3,000.00
=====s=========s===========================_.a==......===========:==.........===
SUll8EQUllNT YEAJI8 - _intenllJ1Ce 8IId adIIinistration _Uy.
(See Exhibit 4)
Ground Cover --4 feet wide along the South sides
of Verdemont Drive, Garfield Street and Ohio
Avenue and 10" feet wide along the North sides of
Garfield Avenue and Ohio Avenue, within the
district boundary.
3,650 lin. ft. X 4 ft. = 14,600 sq. ft.
2,200 lin. ft. X 10 ft. = 22,000 sq. ft.
A total of ,36,600 sq. ft. at $0.20 per sq. ft.
Insvection bY Park & Recreation Dept.
2 hours per week at $20.00 per hour including
benefits per year
Assessment Engineering -- including preparation of
annual assessment roll, agenda items,
resolutions, correspondence and transmittal to
County Auditor/Controller.
8 hours per year at $20.00 per hour including
benefits.
Water and Electrical Costs
36,600 sq. ft. at $0.06 per sq. ft.
rorAL ESTIMATED COST
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$ 7,320.00
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$ 2,080.00
$
160.00
$ 2,196.00
$11,756.00
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ENGINEER'S STATIlIUlNT
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The above information together with the attached Assessment District Map and
Proposed Assessment RoIl is being filed pursuant to Chapter 12.90 of the
San Bernardino Municipal Code relative to the forthcoming Resolution of
Intention for the establishment of an Assessment District to be known as
Assessment District No.991.
Works/City Engineer
Filed in the office of the City Clerk
this ,,:3001- day of /)1" ' 191'f.
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PROPOSED VERDEMONT AND PALM AREA
LANDSCAPE MAINTENANCE DISTRICT
PROPOSED ASSESSMENT ROLL - AD 991
,~ AMOUNT OF ASSESSMENT
ASSESSMENT NO. ASSESSOR'S PARCEL NO.
1 0261-471-01 $ 21.80
2 0261-471-02 21.80
3 0261-471-03 21.80
4 0261-471-04 21.80
5 0261-471-05 21.80
6 0261-471-06 21.80
7 0261-471-07 21.80
8 0261-471-08 21.80
9 0261-471-09 21. 80
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10 0261-471-10 21.10
;:
11 0261-471-11 21.80
12 0261-471-12 21. 80
13 0261-471-13 21.80
14 0261-471-14 21.80
15 0261-471-15 21.80
16 0261-471-16 21. 80
17 0261-471-17 21.80
18 0261-471-18 21.80
19 0261-471-19 21.80
.
20 0261-471-20 21.80
21 0261-471-21 21.80
22 0261-471-22 21.80
23 0261-471-23 21. 80
24 0261-471-23 21.80
25 0261-042-05 794.39
05/30/89 EXHIBIT 3 PAGE 1 OF 2
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AMOUNT OF ASSESSMENT
ASSESSMENT NO. ,
ASSESSOR'S PARCEL NO.
840.83
05/30/89
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2661-042-07
0261-471-08
0261-471-02
TOTALS :
EXHIBIT 3
$
642.88
197.73
28 ITEMS FOR $ 2,999.03
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.,,;t 4.
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LANDSCAPE MAINTENANCE DISTRICT
PROPOSED ASSESSMENT ROLL - AD 991
ASSESSMENT NO.. ASSESSOR'S PARCEL NO. AMOUNT OF ASSESSMENT
1 0261-471-01 $ 85.45
2 0261-471-02 85.45
3 0261-471:"03 85.45
4 0261-471-04 85.45
5 0261-471-05 85.45
6 0261-471-06 85.45
7 0261-471-07 85.45
8 0261-471-08 -85 ~ 45
9 0261-471-09 85.45"
10 0261-471-10 85 . fiS'
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11 0261-471-11 85.45
12 0261-471-12 85.45
13 0261-471-13 85.45
14 0261-471-14 85.45
15 0261-471-15 85.45
16 0261-471-16 85.45
17 0261-471-17 85.45
18 0261-471-18 85.45
19 0261-471-19 85.45
20 0261-471-20 85.45
21 0261-471-21 85.45
22 0261-471-22 85.45
23 0261-471-23 85.45
24 0261-471-23 85.45
25 0261-042-05 3.113.80
05/30/89 EXHIBIT 4 PAGE 1 OF 2
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ASSESSMENT NO.
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ASSESSOR'S PARCEL NO.
2661-042-07
0261-471-08
0261-471-02
TOTALS :
EXHIBIT 4
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AMOUNT OF ASSESSMENT
$ 3,295.81
2.519.92
775.03
28 ITEMS FOR $ 11,755.36
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RESOLUTION NO.
RESOLUTION OF TIlE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE TIlE FORMATION OF A LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO
ORDER WORK WITHIN TIlE DISTRICT. TO BE KNOWN AS ASSESSMENT DISTRICT NO.
991, AND WAIVING NOTICE AND HEARING.
WHEREAS. the City of San Bernardino (hereinafter called "City")
6 as an exercise of its municipal affairs powers has enacted an
7 Assessment District Ordinance (Municipal Code Chapter 12.90) to provide
8 for the procedure for the formation of assessment districts within the
9 City; and
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WHEREAS,
it has now becoae necessary to consider the
11 formation of a Landscape Maintenance Assessment District within the City. to
12 be known as Assessment District No. 991;
13 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF TIlE CITY OF SAN BERNARDINO THAT:
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SECTION
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Pursuant
to
Chapter
12.90
of
the
San
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Bernardino Municipal
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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 Couon Council
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to form Assessment District No. 991. the boundaries of which are
generally as follows:
generally bounded on the North by the centerline of
Verdemont Drive. on the South by the South line of Ohio Avenue. on the East
by the centerline of Olive Avenue and on the West by the centerline of
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hIm
Avenue.
Reference is hereby made to the Engineer's Report on file in
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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,
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and
a proposed assessment
roll which
Report
and
Assessment District Map are hereby approved.
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SECTION 2.
It is the intention of said Mayor and Common Council
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05-30-89
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RESOLUTION OF INTENTION:PROPOSED ASSESSMENT DISTRICT NO. 991
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to order improvements within the district which improvements
consist of. but are not limited to. maintenance of landscaping and
all appurtenant facilities on 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 01ive Avenue.
The estimated cost of said maintenance. including
incidental costs is $11.756.00.
SECTION 3. Said contemplated work and improvements is of more
than local or ordinary public benefit. and that said Mayor and Common
Council do hereQy make the expense of such work and improvement chargeable
upon the district, which district is hereQy 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 hereQy excepted from said assessment.
SECTION 4. The assessment benefit procedure to be followed and
the amount to be assessed against each particular parcel wil1 be a
portion of the total sum of the cost of maintenance and incidentals within
the area in relationship to the number of single family residences on each
individual parcel within the boundaries of the assessment district.
Reference is hereQy 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 fol10wed
shall be as follows. to-wit:
The cost of the maintenance shal1 be pre-funded Qy the City
and the assessment levied. collected and enforced in the saDIe manner, at
the same time. and with the saDIe penalties and interest as in the case of
taxes levied for the City for the repayment to the City of said pre-
funding.
05-30-89
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RESOLUTION OF INTENTION:PROPOSED ASSESSMENT DISTRICT NO. 991
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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 and incidentals will be
collected in perpetuity unless otherwise terminated by the City.
SECTION 6. That the City elects to proceed without
and Hearing pursuant to Section 12.90.04OC(5) of the Municipal
the request represents 1001 of the property owners liable to be
for the maintenance.
Notice
Code as
assessed
SECTION 7. 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.
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RESOLUTION OF INTENTION:PROPOSED ASSESSMENT DISTRICT NO. 991
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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
meeting thereof held on the day of
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AYES: Council Members
NAYS:
ABSENT :
City Clerk
The foregoing resolution is hereby approved this
day of
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W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James Penman.
City Horney
05-30-89
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
REC'D. -AO:,!!:i. OFF.
/SSS JUl -7 r:: 2: 43
TO:
MARSHALL JULIAN,
City Administrator
FROM:
ROGER G. HAllDGRAVE
Director of Public Works/City Engineer
SUBJECT:
Agenda Item for July 17, 1989 Council Meeting
(Verdemont/Olive area assessMent district)
DATE:
July 6, 1989
FILE NO.:
File No. 14.40-72
COPIES:
A Resolution of Intention will appear on the July 17, 1989 Council Agenda. This
Resolution states that no public hearing is necessary. This is normally the
procedure when we have 100t of the property owners requesting the district.
A letter was to be provided which would provide us with lOot in favor, however
that letter has not been received, hence the continuances.
The developer, who requested the district. is in the process of acquiring the
remaining parcel, which represents 6t of the total area. He has agreed to provide
us with a letter of consent prior to the July 17th Council meeting. In the event
that we do not receive the letter from him by that time, we will have to proceed
with the district with a public hearing, and the attached Resolution of Intention
will have to be used in place of the on submitted. The only changes are the
sections pertaining to the setting of a public hearing and the publishing of the
Resolution.
We will advise you, prior to the July 17th meeting, which resolution is to be
used.
ROGER G. HAllDGRAVE
Director of Public Works/City Engineer
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VERNE J. NADEAU
Real Property Supervisor
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RESOLUTION NO.
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 j AND SE'ITING 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 COWlcil 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.
07-05-89
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RESOLUTION OF INTENTION: PROPOSED ASSESSMENT DISTRICT NO. 991
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Reference is hereQy 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 10cal 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
pay the cost and expense thereof. All public streets or
assessed to
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
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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
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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 roIl 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
10ts 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.
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RESOLUTION OF INTENTION: PROPOSED ASSESSMENT DISTRICT NO. 991
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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
meeting thereof held on the
day
of
, 19_____, by the following vote, to-wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19_____
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
James Penman,
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