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HomeMy WebLinkAbout1980-138 i 1 ( RESOLUTION NO. - 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO REMOVE PARKING PLACES FROM THE CENTRAL CITY PARKING r 3 DISTRICT IN THE CITY OF SAN BERNARDINO AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND DATE OF A PUBLIC HEARING. 4 5 WHEREAS, the Mayor and Common Council of the City of San 6 + Bernardino have preliminarily found that the public interest, 7 convenience and necessity require the removal of off-street 8 public parking facilities in a portion of the City, within the 9 j Central City Parking District, as more fully hereinafter describe ; 10 and 11 WHEREAS, a public hearing in accordance with Section 5 12 i of the 'Off-Street Parking Ordinance" will be held, all comments i 13 i and protests thereon considered by the Mayor and Common Council } 14 in connection and concurrently with the public hearing scheduled 15 hereunder, 4 16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON i 17 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: j 18 i SECTION 1. Improvement. That the public interest, con- f ' 1g venience and necessity require, and it is the intention of the I� 20 i Mayor and Common Council, pursuant to provisions of Procedural l 21 Alternative III of the Off-Street Parking Ordinance and Section 22 6 (r) thereof, to remove parking places from the Central City 23 Parking District, and, to that end, to acquire and install or cause to be acquired and installed, whether b 24 �� q y lease or otherwise, 25 I( the following described improvements and the acquisition of land, I 26 rights-of-way, and easements necessary therefor for replacement, I' 21 , all in the Central City Parking District in the City of San Ii Bernardino, described as follows, to wit: r l i i 1 The acquisition and/or installation of i improvements for providing additional off- 2 street public parking facilities in the Central City Parking District, including, 3 I without limitation, the acquisition of land and permanent and construction ease- 4 i ments and rights-of-way and other property necessary therefor, grading, leveling, 5 j paving, installing curbs, gutters, sidewalks and driveways, striping of parking areas 6 i and other site improvements necessary to prepare the property to be acquired for use 7 as public parking places. 8 I The estimated cost of accomplishing such purpose is 9 $145 ,000, which includes, without limitation, incidental expenses, 10 I including engineering, appraisal , legal fees, bond counsel fees, 11 financing consultant fees, land and rights-of-way acquisition, 12 reserve funds and expenses of financing the district and expenses 13 iI of all proceedings for the financing hereinafter described or 14 related thereto. I! 15 SECTION 2 . Assessment District. That the District, N 16 iii known as the "Central City Parking District, to be benefited by 17 said improvement shall not be assessed to pay the costs and i8 ;, expenses thereof, which is all that part of the City of San 19 Bernardino, having the exterior boundaries of 2nd Street, 5th 20 Street extended to Church Street betigeen F and D Streets G 21 Street and Arrowhead Avenue. Reference is hereby made to the map, 22 attached hereto as Exhibit "A" and incorporated herein, for a full 23 and complete description of the assessment district. Said map, wh'cY 24 shows the exterior boundaries of the proposed district with i 25 relation to the territory immediately contiguous thereto, together i 26 I with the above general description of the project and this 27 1 resolution, shall govern for all details as to the extent of the f28 assessment district and is on file with the City Clerk and is l i -2- I 1 i available for inspection by any person or persons interested. 2 i SECTION 3. Report. That the proposed improvement is 3 i hereby referred to an independent engineer, and that said indepen- 4 dent engineer is hereby directed to make and file with the City t 5 j Clerk, on or prior to April 21, 1980 , a Report in writing pre i 6 ` senting the following: 7 j (a) The land, rights-of-way, easements and any other i 8 real property to be acquired; 9 (b) Plans and specifications of the proposed improvements;; 10 j (c) A general description of works or appliances already 11 installed and any other property necessary or convenient for the 12 ! operation of the improvement, if the works, appliances or property! 1-1 are to be acquired as part of the improvement; , 14 (d) An estimate of the cost of the improvement and of thel i; cost of land, rights-of-way, easements and incidental expenses in i 16 connection therewith, and the plan of financing pursuant to r 17 Section 6 (r) of the Off-Street Parking Ordinance.. i; SECTION 4 . Assessment. That it is hereby determined and 19 declared that an annual ad valorem assessment shall not be levied 2O on any land within the Central City Parking District to provide 271 monies for any or all of the purposes set forth in Section' 2 of I I 22 the Off-Street Parking Ordinance and, in particular, to pay all - 23 or any part of the costs and expenses of providing the additional 24 parking places. 25 I SECTION 5 . No Bonds. That it is hereby determined and 25 declared that the most economical and efficient manner of providin public parking places is to lease said parking places from the I 23 �� 1 ' Redevelopment Agency of the City of San Bernardino and that said (I -3- I I► ! E , I I I 1 I Agency, to pay the costs and expenses of providing the parking 2 I places, shall accept financial and other assistance from said i 3 City. . . _ . ......._ . 4 SECTION 6. Public Hearing. A public hearing .o n the 5 questions of the formation and extent of the proposed district, t 6 i the proposed improvements and the estimated cost is hereby set 7 # and ordered to be held, and notice is hereby given that a public i 8 hearing will be held at: 9 Date: May 5 , 1980 i 10 Time: 4 o'clock p.m. I 11 Place: Council Chambers City Hall 12 300 North "D" Street San Bernardino, CA 92418 13 - 14 At the time and place above specified, any and all persons 5 !' interested will be heard. Any holder of title to taxable land i 16 ! within the proposed district may file with the City Clerk at any 17 ;! time prior to the time set for the hearing thereon written pro- 18 test to the formation of the proposed district. Such written M 19 'I protests must contain a description of the property in which each I 20 signer thereof is interested, sufficient to identify the same, an , li 21 if the signer is not shown on the last equalized assessment roll 22 as the owner of such property, the protest must contain or be I 23 accompanied by written evidence that such signer is the owner 24 f, of such property. The written protests of the holders of title i 25 to one-half or more of the value of the taxable land within the 2s� proposed district as shown by the last equalized assessment roll 27 � Of the county, prior to the hearing on this resolution, shall 2is ' constitute a majority protest and such protest shall have the -4- ' I i I effect and be P subject to the rovisions of Section 9 (k) of the 2 Off-Street Parking Ordinance. 3 SECTION 7. Notice Published and Posted. The City Clerk I 4 j is authorized and directed to cause notice of the hearing to be 5 given by publishing a copy of this resolution of intention once 6 at least ten (10) days prior to the time set forth above in a 7 newspaper of general circulation published in the City and by 8 Posting a copy of this Resolution of Intention in three (3) 9 public places within the proposed district at least fifteen (15) I 10 days before the time fixed for the hearing. f 11 SECTION 8 . Notice Mailed. The City Clerk is authorized 12 I� and directed to further cause notice of the hearing to be given 13 by mailing a copy of said Resolution of Intention at least L 14 fifteen (15) days before the time fixed for the hearing to each holder of title to taxable real property within the proposed I 15 i' district as such ownership is shown on the last equalized county I 17 assessment roll. I: 1� SECTION 9 . Information. For further information in ;9 i! connection herewith, all persons interested are directed to the I; i I 20 report of the independent engineer which is referred to in 21 Section 3 hereof. All persons interested and having questions 22 prior to the hearing should contact Tom Crawford or Bob Wirts, 23 City of San Bernardino, 300 North "D" street, San Bernardino, i 24 ! California 92418 , (714) 383-5124 or (714) 383-5226. 25 I HEREBY CERTIFY that the foregoing resolution was duly f 26 adopted by the Mayor and Common Council of the City of San 27 �j Bernardino at a c.Y . meeting thereof, held i 23 on the day of , 1980 , by the following I -5- i i t 1 vote, to wit: AYES: Councilmen t 4 NAYS: 5 ABSENT: 6 7 j � City Clerk 8 The foregoing resolution is hereby appr this da 9 of , 1980 . 10 Ma or of he CiW of San Bernardino 11 Approv d as to form: 12 13 City A orney 14 16 �i ! 17 j f I 1 9 I) I 20 21 22 ;=$: 23 24 25 II 26 27 23 -6- i i I SEE PAGE 2 QD co .. �A y ' a I w m 12 Ee) •© 1 0 Q CL ! N T r &VM , Sol ® LO ce 0. 1 , _ g ....._,�ARROWHEAD-16 .�.,.�... ..�......�..........i�..--AVE. EXPISIT 'A" . n•---- Co.1 F46' Q !� - -- © � o ®� � o o •. ~• © Y + ' t SEE PAGE 1 rn TF m Y�N . f .,I ' A ---- ' a u 0 ® O � - � �.- --.-- _s-_ � •tom I••i E - m ._n (2) , i Q �. q, N p w=. ARpp I lE AD:.Y_........ .w - M.w' .. /r A VC. .•a.1.4------ • iL GYMBIT *A* . f • (Space below for filing stamp only). Proof of Publication CITY OF SAN BERNARDINO CITY CLERK STATE OF CALIFORNIA, County of- San Bernardino, } ss. The undersigned hereby certifies as follows: 1 am a citizen of the United States, over the age of twenty-one years, and not a party to nor interested in the above-entitled matter; I am the principal clerk of the printer of a newspaper, to wit, Vie Sun-Telegram; the same was at all times herein mentioned a newspaper of general cir- culation printed and published daily, including Sunday, in the City of San Bernardino, in the County of San Bernardino, State of California; said newspaper is so published every day of the year as and under the name of The .Sim-Telegram and The Evening Index, another newspaper, said newspaper has been adjudged a newspaper of general circulation by the Superior Court of the State of California, in and for the County of San Bernardino, by a judgment of said Superior Court duly made, filed and entered on June 20, 1952, in the records and files of said Superior Court in that certain proceeding entitled In the Matter of the Ascertain- ment and Establishment of "The San Bernardino Daily Sun-Telegram" as a Newspaper of General Circulation, numbered 73084 in the records of civil proceedings in said Superior Court and by judgment modifying the same, also made, filed and entered in said proceeding; the notice or other process or document hereinafter mentioned was set, printed and published in type not smaller than nonpareil and was preceded with words printed in black face type not smaller than nonpareil describing and expressing in general terms the purport or character of the notice intended to be given; and the Resolution No . 80-138 ---------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------ --------------------------------- of which the annexed is a true printed copy, was published in each edition and issue of said newspaper of general circulation, and not in any supplement thereof, on each of the following dates, to wit: April 25 , 1980 I certify under penalty o erg ry tha re ing is true and correct. Executed on the ---25-titlay of -Apr-i-1------------------------------ 19-SO---, at San Bernardino, in said County and State. N O. 3