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HomeMy WebLinkAboutS2- Public Works t CITY OF SAN BER ARDINO - REQUEST Ff)R COUNCIL ACTION - File N 4 Support for Formation of a 1913 From: ROGER G. HARDGRAVE Subject: Act Assessment District by County of San Bernardino - Improvement Dept: Public Works of San Timoteo Creek Date: 5-3-95 Synopsis of Previous Council action: 05-02-94 - Consent given for adoption of a Resolution of Intention by the Board of Supervisors relative to establishment of a Benefit Assessment District to finance the unfunded portion of the local agency share of the improvement of San Timoteo Creek. 4 MAN 9` 3 Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman Signature Contact person: Roger G. Hardgrave Phone: 5025 Supporting data attached: Staff Report Ward: 1 & 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: /S A� 75-0262 Agenda Item No. CITY OF SAN BERT IRDINO - REQUEST 3R COUNCIL ACTION STAFF REPORT A motion was adopted at the Council meeting of 5-2-94 , giving consent to the formation of a Benefit Assessment District by the San Bernardino Board of Supervisors. This district was formed to finance the local agency share of the improvement of San Timoteo Creek, under the U. S. Army Corps of Engineers project to provide flooding protection for the Santa Ana River. The total estimated cost for the improvement of San Timoteo Creek is $58 Million. Seventy-Five (75) % of this amount will be financed by the U. S . Army Corps of Engineers, and 25% ($14 . 5 Million) by the local interests . Due to several constraints in the Flood Control District Act, the County has decided to form the district under the Municipal Improvement Act of 1913 . At their meeting of 4-18-95 , a Resolution of Intention was adopted by the Board of Supervisors relative to formation of Assessment District No. 95-1 (San Timoteo Creek) . The County of San Bernardino has authority to establish this district under their legislative powers. However, they are requesting support from the cities that are partially included in the area of benefit. The City of San Bernardino has given consent to the for- mation of a Benefit Assessment District, under the Flood Control District Act. The impact upon property owners will be essentially identical , for either a Benefit Assessment District or a Municipal Improvement Act of 1913 District. Therefore, we recommend that support be given to the County' s plan to establish Assessment District No. 95-1 under the Municipal Improvement Act of 1913 . URGENCY CLAUSE: The Flood Control District has requested that the indications of support be provided by about 5-15-95 , in order that they can conform to their schedule for forming the assessment district. 5-3-95 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE COUNTY OF SAN BERNARDINO' S PROPOSAL 3 TO FORM AN ASSESSMENT DISTRICT UNDER THE MUNICIPAL IMPROVEMENT ACT OF 1913 TO FINANCE THE LOCAL AGENCY SHARE OF THE COST FOR THE 4 IMPROVEMENT OF SAN TIMOTEO CREEK BY THE U. S . ARMY CORPS OF ENGINEERS. 5 WITNESSETH: 6 WHEREAS, the U. S . Army Corps of Engineers, in conjunction 7 with the San Bernardino County Flood Control District, is 8 proceeding with the improvement of San Timoteo Creek, as a part 9 of the Santa Ana River Project; and 10 WHEREAS , the total estimated cost for the improvement of 11 San Timoteo Creek is $58 Million, of which 75% , or ($43 . 5 12 Million) will be financed by the U. S. Army Corps of Engineers, 13 and 250 , or $14 . 5 Million, by local interests. 14 WHEREAS, consent was given by the City of San Bernardino, 15 at the regular Council meeting of May 2 , 1994 , for the 16 establishment of a Benefit Assessment District to finance the 17 unfunded portion of the local agency share of the project cost; 18 and 19 WHEREAS, due to several constraints in the Flood Control 20 District Act, the County has made the decision to proceed under 21 the Municipal Improvement Act of 1913; and 22 WHEREAS, at their meeting of April 18 , 1995 , the San 23 Bernardino County Board of Supervisors adopted a Resolution of 24 Intention to Order Acquisition and Improvements, under Assessment 25 District No. 95-1 (San Timoteo Creek) ; and 26 WHEREAS, the County of San Bernardino has requested 27 support for the formation of Assessment District No. 95-1 from 28 5-3-95 nr �� . Jurrvicli ��, rt�ru��llviv vL LiSTRICT BY C:OUNv i OF SAN BERNARDINO FOR IMPROVEMENT OF SAN TIMOTEO CREEK. j the cities that are within the area of benefit. 2 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS : 3 3 SECTION 1 . That the City of San Bernardino hereby 4 indicates support for the Resolution of Intention, adopted by the 5 San Bernardino County Board of Supervisors on April 18 , 1995 , for 6 the formation of Assessment District No. 95-1 , under the 7 Municipal Improvement Act of 1913 , to finance the unfunded 8 portion of the 250 local agency share of the cost for the 9 improvement of San Timoteo Creek under the U.S. Corps of 10 Engineer' s project. 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 - 2 - WOOTJU . JuYYUt�1lL+<i L Vxu>ai�--1v �i r>�:.�L�JJi`'ltj ll�Jlt�ll_I DI I.VUV SAN BERNARDINO FOR IMPROVEMENT OF SAN TIMOTEO CREEK. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 day of 1995 , by the following vote, to-wit: 5 Council Members : AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 Rachel Clark, City Clerk 15 The foregoing resolution is hereby approved this 16 day of 1995 . 17 18 Tom Minor, Mayor 19 City of San Bernardino Approved as to form 20 and legal content: 21 James F . Penman City Attorney 22 � 23 By 24 25 26 27 28 - 3 _