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CI10 OF SAN BERNA~DIO - REQUEC7 FOR COUNCIL AC"CPN
From:
ROGER G. HARDGRAVE
Pub 1 i ~E~gt-iA~~l/~iQ.~~r in g
Inor M'Y 21 ." . '
5/20/fJSJ II . I', 3 O~)
. Subject:
Airport Drive Landscaping
and Lighting Maintenance
District
Dept:
Date:
Synopsis of Previous Council action:
4-15-85 -- Authorization to proceed granted by motion at your
meeti ng.
Recommemled motion:
Adopt the Resolution
cc: John Matzer Jr., City Administrator
~/'~
Signature
Contact person:
Verne Nadeau
Phone:
5026
3
Supporting data attached:
Yes
Ward:
Finance:
To be recouped through
I!~V-- C /..A-
FUNDING REQUIREMENTS:
Amount:
$5,025.00
Source:
assessments collected on tax bills.
Council Notes:
11 L'
t ;5-02'62
Agenda Item No.
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CiTYc?F SA~ BlERNARDUJ,.O - RIEQUE$.:f FOrF1 COU~CnL ACT~ON I
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STAFF REPORT
This action is the result of a petition being filed by the owners
of 58.73% of the property liable to be assessed for the
maintenance. The median strip is now being maintained through an
owner's association.
The purpose of the action is to preliminarily determine that the
public convenience and necessity require the formation of a land-
scaping and lighting maintenance district; declaring the.intention
to proceed to order work within the district to be known as the
-Airport Drive Landscaping and Lighting Maintenance District."
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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 AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK
WITHIN THE DISTRICT. TO BE KNOW AS "ASSESSMENT DISTRICT NO.
968"; AND SETTING 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 and lighting maintenance assessment
district within the City, to be known as "Assessment District
No. 968"; 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 Sped a 1
Asssessment
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 THAT:
SECTION 1.
Pursuant to Chapter 12.90 of the San
Bernardino Municipal Code. 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 Assessment District No.
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968. the boundaries of which are generally. as follows:
80unded on the West by the center line of Commercenter West; on
the East by the center line of Commercenter East; on the North
by a line which is approximately 270 feet North of the center
line of Airport Drive; on the South by a line which is approxi-
mately 270 feet South of the center line of Airport Drive.
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 pro-
posed assesment roll which Report aftd 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 and lighting in the median strip of
Airport Drive between Commercenter East and Commercenter West.
The estimated cost of maintenance, including incidental
costs is $5,025.00 for the first year.
SECTION 3.
Said contemplated work and improvements 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 dis-
trict is hereby 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, hereby are excepted from said assessment.
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SECTION 4.
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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
area of each parcel 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:
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
il the City 0 f said pre-funding.
II The assessment for said district shall be made and
I collected as f 0 11 ow s: The costs of the maintenance contract.
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energy costs and incidentals will be collected in perpetuity
unless otherwise terminated by the City.
SECTION 6. That notice is hereby given that on July 1.
1985. at the hour of 9:00 a.m.. in the Council Chamber. 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 forma-
tion 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 main-
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tenance.
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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 determi ne tha t 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.
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 roll 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 of respective lots or parcels invol-
ved 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 adoption of this
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resolution to be posted and mained 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.
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
,
1985, by the
following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1985.
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,I Approved as to form:
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Mayor of the City of San Bernardino
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May 20. 1985
File No. 14.40-38
ENGINEER'S REPORT
Airport Drive Landscaping
and Lighting Maintenance District
Regarding the improvements in the median strip of Airport Drive
betw~n Commercenter East and Commercenter West by the maintenance of
the existing landscaping and ornamental lighting. the costs are esti-
mated as follows:
Maintenance of Turf:
TOTAL:
$2.000.00
$ 750.00
$2.750.00
$ 275.00
$2.000.00
$5.025.00
Energy and Maintenance of Lights:
Inspection @ lOt:
1st Year Assessment Engineering:
Subsequent years' Assessment Engineering is estimated at $250.00.
This information together with the attached ASSESSMENT DISTRICT MAP
and PROPOSED ASSESSMENT ROLL is being filed pursuant to Chapter 12.90 of
the City's Municipal Code relative to the forthcoming Resolution of
Intention for the establishment of an Assessment District to be know as
Assessment District No. 968.
ROGER G. HARDGRAVE
Oirector of Public Works/City Engineer
VJN:pa
Attach.
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1985 ASSESSMENT ROLL. ASSESS. DISTR. 968
ASSMT ASSESSORS TOTAL ASStlT
NO. PRCL. NO.
1 141-411-17 536.51
2 141-411-30 502.97
3 14l-411-64 603.57
4 l41-411-63 603.57
5 141-411-24 455.07
..
6 141-411-32 565.25
.J
7 141-411-82 1197.56
8 141-411-78 560.46
TOTALS
00008 8
5024.96