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CITY OF SAN BERNARDINO - REQU~~;' NF~~40C~UNC~~N
ROGER G. HARDGRAVE, Director
From: REC'O. - AOHlluQiclh
Public Works/Engineering "0
Dept: \93S JAM /.3 PM 3: j J
Resolution of Intention: Daley
Canyon Road Improvement District
January 21, 1986
Date:
Synopsis of Previous Council action:
Authorization to proceed granted by motion at your meeting of
February 18, 1986.
Recommended motion:
Adopt the Resolution.
cc: John Matzer Jr., City Administrator
Warren Knudson, Di rector - Fi nance
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/Ut A ~ 0C/,
Signature
Contact person: Verne Nadeau
Phone: 5026
Ward: 4
Source: Assess. Dist. Reserve Fund
Finance: 1.1.- 4/~ ---
Supporting data attached: Yes
FUNDING REQUIREMENTS:
Amount: $74,410.00
#254 - to be recouped through assessments
Council Notes:
75.0262
Agenda Item No.30 .t"
CI'\ , OF SAN BERNARDL.O - REQUL --' T FOR COUNCIL AC' ~ .ON
STAFF REPORT
This Resolution is the result of individual petitions from owners of
89.39 percent of the area. of the property liable for assessment for the
construction of curbs, 9utters and paving in Daley Canyon Road between
Chiquita Lane and a point approximately 620 feet East thereof. The lag
time between the Authorization to Proceed and this Resolution of
Intention was due to the acquisition of rights-of-way and necessary
slope easements.
Pursuant to the approval of the Engineer's Report on January 6, 1986, by
your Honorable Body, the City will pay the assessment relative to the
Federally owned parcel at the Northwest corner of Chiquita Lane and
Daley Canyon Road which is estimated at $6,927.00 plus the City will pay
all the incidental costs estimated at $14,200.00
The purpose of the action is to preliminarily determine that the public
convenience and necessity require the formation of an improvement
district declaring the intention to proceed to order work within the
district to be known as the "Daley Canyon Road Improvement District".
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75.0264
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IlESOLUTION NO.
RESOLUTION OF TilE CITY OF SAN BERNAROINO PRELIllI-
NARILY DETERMININC TIIAT PunLIC CONVENIENCE AND NECESSITY
REQUIRE TilE FORllATION OF STREET H1PROV01ENT ASSESSrlEtlT
DiSTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK
WITHIN THE DISTRICT, TO BE KNOW AS "ASSESSMENT DISTRICT NO.
966"; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A
TIME AND DATE OF A PUBLIC HEARING.
WHEREAS, the City of San Bernardino (hereinafter
7 called "City") as an exercise of its municipal affairs powers
8 has enacted an Assessment District Ordinance (Municipal Code
9 Chapter 12.90) to provide for the procedure for the formation
10 of assessment districts within the tity; and
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WHEREAS, it has now become necessary to consider
12 the formation of a street improvement assessment district
13 within the City, to be known as "Assessment District No.
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966"; and
WHEREAS, as a further exercise of the powers
16 vested in the City by virtue of Section 19, Article XVI,
17 California Constitution, the City intends to conduct a
18 hearing and hear protests, if any, as to why the district
19 should not be formed and the acquisitions and improvements
20 completed, without compliance with the Special Asssessment
21 Investigation, Limitation and Majority Protest Act of 1931;
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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
25 Bernardino Municipal Code, the Mayor and Common Council of
26 said City, hereby preliminari1y.find and determine that the
27 public convenience and necessity require, and it is the
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intention of the Mayor and Common Council to form Assessment
District No. 966, the boundaries of which are generally, as
tollows:
Portions of the Sontheast one-quarter of Spction
13, and of Government Lots 1 and 2 of the Northeast
one-quarter of Section 24, all in Township 1 North,
Range 4 West, San Bernardino Meridian and includes
all of the properties which front on Daley Canyon
Road as conveyed to the City of San Bernardino by
documents No. 85-258863, 85-260211, 85-187653, 85-
131394, 85-116771, 85-159490, 85-118251, a5-118250
and 85-116769, Official Records of San Bernardino
County.
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 proposed assesment roll which Report and Assessment
District Map are hereby approve4.
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
construction of Portland Cement concrete curbs, gutters and
driveway approaches, asphalt concrete paving and berms and
appurtenant facilities in portions of Daley Canyon Road
between
the West side ~f Chiquita Lane and a
point
approximately 620 feet East thereof.
The estimated cost of said improvements and con-
struction, including incidental costs, is $74,410.00.
SECTION 3. Said contemplated work and improvements
is of more than local or ordinary pUblic benefit, and that
said Mayor and Common Council do hereby make the expense of
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such work and improvement chargeable upon the district,
1 which district is hereby declared to be the district
~ I1cnefi ted by said proposed work and improvement, and to be
3 assessed to pay the cost dnd expense thereof. All public
4 streets or alleys, or portions thereof, hereby are excepted
5 from said assessment.
6 SECTION 4. The assessment benefit procedure to be
7 followed and the amount to be assessed against each
8 particular parcel will be a proportion of the total sum of
9 the cost of the improvements and incidentals within the area
10 in relation to the lineal feet of frontage of each parcel
11 benefited thereby, Reference is hereby made to said
12 Engineer's Report on file in the office of the City Clerk for
13 a detailed estimated individual assessment.
14 SECTION 5. The assessment financing alternative
15 to be followed shall be as follows, to-wit:
16 The costs shall be pre-funded by the City and the
17 assessment levied, collected and enforced in the same manner,
18 at the same time, and with the same penalties and interest as
19 in the case of taxes levied for the City for the repayment to
20 the City of said pre-funding.
21 There will be a contribution to the district by
22 the City in an amount equal to the total incidental costs of
23 the proceedings and for the total assessment placed against
24 Assessor's Parcel No. 155-281-01 which is owned by the
25 Federal Government.
26 The assessment for sai.d district shall be made and
27 collected as follows: The cost of installation and
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construction will be collected over a period of ten (10)
years with interest at the rate of 10% per annum on the
unpaid balance which remains unpaid for thirty days after the
date of recording of the Notice of Assessment with the County
Recorder.
SECTION 6. That notice is hereby given that on
March 3, 1986, 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 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 improvement.
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.
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
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protest in writing with the City Clerk, not later than the
1 hour hereinabove set for hearing, containing therein a
2 descri pti on of the property, in whi ch the si 9ner thereof is
3 interested sufficient to identity the same, and, if the
4 signers are not shown on the last equalized assessment roll
5 as the owners of such property, must contain or be
6 accompanied by written evidence that such signers are the
7 owners of such property. The basis for determining the
8 existence of a majority protest shall be based on the area of
9 respective lots or parcels involved in proportion to the area
10 of the entire district.
11 SECTION 8. The City Clerk is authorized and
12 directed to cause a copy of this resolution to be published
13 in a newspaper of general circulation published in the City,
14 and that said Clerk shall cause a notice of the adoption of
15 this resolution to be posted and mailed as required by
16 Section 12.90.040C of the Municipal Code of the City of San
17 Bernardino.
18 S~CTION 9. A copy of this resolution and a map
19 showing the exterior boundaries of the proposed improvement
20 district with relation to the territory immediately
21 contiguous thereto and to the proposed improvement will be on
22 file with the City Clerk and will be available for inspection
23 by any person or persons interested. This map shall govern
24 for all detail s as to the extent of the proposed improvement
25 district.
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27 111/
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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
he1 d on the day of
by the following vote, to wit:
AYES: Council Members
meeting thpre"f,
1985,
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of , 1986.
Mayor of the Clty of San Bernardlno
Approved as to form:
City Attorney
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