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File No.: 14.40-113
CrTY' OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
From: ROGER G. HARDGRAVE
Subject:
Resolution ofIntention --- Elm Avenue and
Coulston Street Area Landscape Maintenance
Assessment District (AD 1023 - Tentative Tract
No. 15777)
Dept: Public Works / Engineering
Date: July 21,1997
O:7/GlivAL
Synopsis of Previous Council Action:
06-16-97 The Director of Public Works/City Engineer and the City Clerk were authorized to proceed with the
formation of Landscape Maintenance Assessment District in the Elm Avenue and Coulston Street Area.
Recommended Motion:
Adopt Resolution
cc: Fred Wilson, Acting City Administrator
Barbara Pachon, Director of Finance
Jim Penman, City Attorney
cfl~
Contact Person:
Les FOl!assv
Phone: 5026
Supporting data attached: StaffReDort. Enl!ineers ReDort. Resolution Ward:
FUNDING REQUIREMENTS:
Amount: $ 4,000 (Cost of proceedings paid for by petitioner)
Source (Accl. No.) 254-000-2301-6013
(Accl. Description) DEPOSITS
Finance:
Council Notes:
Res 97- ,;(5 P-a
Continued to Clrj;5 if 7
08-18-97
8/11/97
Agenda Item No. /9
'CITY. OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
STAFF REPORT
On 5/27/97, we received a petition from the developer/owner of Tentative Tract No. 15777, located on Coulston
Street, West of Elm A venue, for the establishment of a Landscape Maintenance Assessment District. This petition
is a result of a requirement of the development for the installation of landscaping along portions of Coulston Street
and along portions of Elm Avenue. The establishment of an Assessment District for provide funding for the
ongoing maintenance. The developer has paid the required deposit of $4,000 to cover the cost of proceedings.
The tract is being built in 2 phases, with the first phase being built at this time (Tract No. 15777-1). The
landscaping will be installed, and assessments levied as each phase develops. The initial proposed assessment will
be $190 per single family lot. Once the development is fully built out, the additional 48 lots will be included in the
assessments. Although additional landscaping will be added, the inclusion of the additional lots will reduce the
assessment amount to an estimated $148. All potential home buyers within the district will be given a disclosure of
the assessment, by the developer.
Part of the formation proceedings includes the preparation of an Engineer's Report, which has details regarding the
improvements, method of determining benefit and assessment amounts. A copy of the Engineer's Report is
attached for reference.
The attached Resolution declaring the intention to form the assessment district also sets a Public Meeting for
September 15, 1997 and a Public Hearing for October 6,1997. In compliance with Proposition 218, the
proceedings will also require that ballots be mailed to the property owners relative to the proposed assessment. The
ballots returned will be weighted by the assessment amount for each respective parcel. We anticipate that the
petitioner will still own most, if not all, of the properties involved and do not expect a majority protest.
We recommend approval of the Resolution ofIntention.
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~(QJ~Q)V
ENGINEER'S REPORT
for
ASSESSMENT DISTRICT NO. 1023
(Elm Avenue and Coulston Street Area Landscape Maintenance Assessment District)
in the
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
File No. 14.40-113
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
Prepared July 18, 1997
FILED in the office of the City Clerk of the City of San Bernardino on the
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day of
"
CITY CLERK
City of San Bernardino
PRELIMINARY approval by the Mayor and Common Council of the City of San Bernardino, County of San
Bernardino, State of California on the_ day of ,19_.
CITY CLERK
City of San Bernardino
_AL approval by the Mayor and Common Council of the City of San Bernardino, County of San Bernardino,
~ of California on the day of , 19_.
CITY CLERK
City of San Bernardino
I HEREBY CERTIFY that the foregoing assessments, together with the Diagram of Assessment District No.1 023,
were approved and confirmed by the Mayor and Common Council of the City of San Bernardino, County of San
Bernardino, State of California on the day of 19
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CITY CLERK
City of San Bernardino
I
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS I ENGINEERING
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ENGINEER'S REPORT
ASSESSMENT DISTRICT NO. 1023
(Elm Avenue & Coulston Street Area Landscape Maintenance Assessment District)
PETITION __ On May 27, 1997, a petition was received from a developer representing property within
the proposed assessment district for the establishment of an assessment district for the maintenance of landscaping
along portions of Coulston Street, between Elm Avenue and Richardson Street. . The signatures on the petition
represent 100% of the property owners of the parcels within the proposed boundaries of the district. This petition
was the result of a requirement placed upon the developer of Tentative Tract No. 15777 by the City to relieve the
City from having to maintain the areas of landscaping.
AUTHORIZATION __ On June 16, 1997, by action of the Mayor and Common Council of the City of San
Bernardino, the City Engineer and City Clerk were authorized to initiate proceedings for the formation of
Assessment District No. 1023 (Elm Avenue and Coulston Street Area Landscape Maintenance Assessment District)
pursuant to the provisions of San Bernardino City Municipal Code Chapter 12.90 and this Report has been prepared
and is hereby submitted pursuant to said provisions and in accordance with Resolution ofIntention No.
adopted by the Mayor and Common Council of the City of San Bernardino on the day of
,19
_ ADVANCE OF ESTIMATED COSTS OF PROCEEDINGS -- On May 27,1997, pursuant to Section
~4.030 of the Municipal Code, the developer deposited $4,000 with the City to cover the estimated cost of
proceedings. At the conclusion of the proceedings and after confirmation of all costs, any amounts remaining will
be returned to the developer. If 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.
EASEMENTS _ All landscaping to be maintained will be within the dedicated right of way, or within
easements granted to the City for landscape maintenance purposes and no maintenance will be carried out on private
property .
DESCRIPTION OF IMPROVEMENTS -- The improvements to be maintained include landscaping and
all appurtenances along portions of the East side of Elm Street South of Coulston Street and the South side of
Coulston Street, between Elm Avenue and Richardson Street, within Tentative Tract No. 15777. Since the
development of this subdivision will be accomplished in phases, the installation, and thus the maintenance, of the
landscaping will also be carried out in phases.
PLANS AND SPECIFICATIONS --Plans and Specifications for the landscaping have been prepared by
the developer according to the standards ofthe City and have been approved by the City.
DESCRIPTION OF BOUNDARIES -- The boundaries of the proposed district are shown on the
Assessment Boundary Map of Assessment District No. 1023 and are generally described as follows: The centerline
_ Coulston Street on the North, the centerline of Richardson Street on the West, and the Southerly and Easterly
Wundaries of Tentative Tract No. 15777 on the South and East, respectively.
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VICINITY MAP -- A vicinity map showing the general location of the proposed Assessment District is
attached as Exhibit 1.
. DISTRICT BOUNDARY MAP __ A District Boundary Map has been prepared and is on file in the office
e City Clerk. A reduced copy of the District Boundary Map is attached as Exhibit 2.
,
,
DISTRICT DIAGRAM -- A Diagram of the Assessment District will be prepared and filed with the City
Clerk after preliminary approval of this Report and will be filed with County Recorder and recorded in the office
of the Director of Public Works after final approval of this Report, Confirmation of the Assessment Roll and
Resolution Ordering Work.
NOTICE OF EXEMPTION -- a "Notice of Exemption" declaring a Categorical Exemption was prepared
and filed with the Clerk of the Board of Supervisors of San Bernardino County on OS/29/97. No further
environmental proceedings are necessary. A copy of the Notice of Exemption is attached as Exhibit 3.
METHOD OF ASSESSMENT AND DETERMINA TION OF BENEFIT --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 residential units that utilize the landscaped areas either as ingress
and egress or by actual physical use of the land as in the cases oflarge 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. Thus, each residential lot or unit, be it a single family
lot, a condominium or an apartment will be assessed an equal share in the cost of maintenance (I residential lot or
unit = 1 Assessment Unit).
~ The benefit received by the parcels within the boundaries of the district is determined to be of more than
ary public benefit, thus each parcel within the district being assessed receives a special benefit from the
provements. If property not within the boundaries of a district also receives some benefit from the improvements,
consideration must then be given to a general benefit given by the improvements, which may not be assessed to
the parcels within the district. Since the installation and maintenance of the landscaping and establishment of an
assessment district for the maintenance of the landscaping is a requirement by the City for this development, it is
further determined that the improvements to be maintained by the assessment district are of special benefit to the
district only and are 100% assessable to the parcels within the boundaries of the assessment district.
The development within the boundaries of the Assessment District is to be built in phases. The landscaping
will also be installed with the development of each phase separately, and they will not be assessed until such
development and installation of landscaping is accomplished and will be nil assessed until the installation of
landscaping. Once installed, the additional phases will be assessed by the methodology as stated in this report.
Initially, only Tract No. 15777-1 will have landscaping installed and will be the only phase assessed.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive
no benefit with the exception of public right of way, which is not subject to assessments. Presently, no parcels
within the district are publicly owned.
METHOD OF FINANCING -- The estimated cost of the first year's maintenance shall be assessed against
the properties involved within the current fiscal year or the fiscal year following the establishment of the district.
Depending upon when the costs are assessed and when the actual maintenance is assumed by the City, this assessed
amount can be used as a source of pre-funding the first year's maintenance contract and incidental costs. Once the
City has assumed the responsibility for the maintenance, the properties may be assessed in advance each year
Areafter to establish a source of pre-funding each year's costs, or may be assessed for the actual contract and
Widental costs plus interest. Interest will be included in the assessment costs for any amounts or portions not pre-
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funded through previous assessments. If there is a surplus from the estimated assessment in the event costs are pre-
funded through previous assessments, any such surplus shall be applied as a credit to the following year's
assessment or placed in a reserve fund to cover future increases or maintenance until such reserves are depleted.
lassessment, whether pre-funded or not, shall be levied, collected and enforced in the same manner, at the same
and with the same penalties and interest as in the case of taxes levied for property taxes. Table I sets forth the
e ated costs of the first years maintenance for Tract No. 15777-1 (phase I) only. Table 2 set forth the estimated
cost which includes the second phase of the development. No Bonds will be sold relative
to this Assessment District.
ASSESSMENT SPREAD -- The amount of each Assessment Unit is determined by dividing the total
maintenance costs, including all incidentals, by the total number of assessment units, as determined by the above
Method of Assessment. Each parcel in the district is then assessed based upon the total number of Assessment Units
calculated for that parcel.
ASSESSMENT ROLL - Presently there are 36 single family parcels within Tract No. 15777-1, with each
parcel representing 1 assessment unit as described under Method of Assessment, and assessment are spread
accordingly. As shown on Tentative Tract No. 15777, Phase 2 will include an additional 48 parcels, for a total of
84 parcels. The total of actual parcels within each phase may increase or decrease from what is proposed on the map
of Tentative Tract No. 15777, and the proposed assessments may change accordingly, as determined by the method
of assessment and method of spread stated herein.
An Assessment Roll representing the estimated first year's maintenance costs has been prepared for the 36
parcels within Tract No. 15777-1 and is shown as exhibit 4.
An Assessment Roll has also been prepared which includes the second phase of this development and is
shown as exhibit 5. Since the map subdividing the second phase of this development has not yet been recorded,
. the 3 parcels which are to be subdivided into 48 lots are shown. When the map is recorded, the assessments
be reapportioned as stated below.
FUTURE APPORTIONMENTS -- In the event that the assessment units, as determined under Method of
Assessment, change for any parcel(s) during the term of the Assessment District, the assessment amount for that
parcel(s) will change accordingly. Any Increases based solely on change in parcel size, land use or density, which
would result in an increase of assessment units,will not be subject to a public hearing as long as the formula for
determining the assessments as described is applied. Pursuant to Chapter 12.90 of the San Bernardino Municipal
Code, such reapportionments do not require the recording of an amended Diagram Map.
FUTURE INCREASES -- Due to the nature oflandscape maintenance, it is anticipated that there will be
future increases in assessments as contract, labor, water and energy costs are all subject to future increases. Annual
increases may be increased without further notice or public hearing by a percentage equal to the increase in the
Consumer Price Index for all Urban Consumers in the Los Angeles-Orange County-Inland Empire area, published
by the United States Department of Labor, Bureau of Labor Statistics over the previous year.
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TABLE 1
ESTIMATED FIRST YEAR'S COST SUMMARY
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Assessment District No. 1023
(Elm Avenue and Coulston Street Landscape Maintenance Assessment District)
(Phase I Only)
Description of Costs
Quantity
Unit Cost/Unit Annual Cost
Maintenance of Turf I Irrigation - Sq,Ft. 0,25 $ -
Maintenance of Groundcover IShrubsllrrigation 8,290 Sq,Ft. 0,20 $ 1,658,00
Maintenance of Trees I Irrigation I L.S, 300,00 $ 300,00
IWater and Energy Costs 8,290 Sq.Ft. 0.10 $ 829.00
iWeekly Inspection (Iabor,overhead) 52 Hours 25.00 $ 1,300.00
'Annual Assmt. Engineering (Iabor+overhead) 25 Hours 30.00 $ 750.00
Contract Adminstration (Iabor+overhead) 48 Hours 22,00 $ 1,056.00
Incidentals (materials, supplies, other costs) I L.S, 200,00 $ 200.00
Outside Department Services (labor+overhead) 36 parcels 10,00 $ 360,00
Subtotal $ 6,453.00
Estimated Interest for non-prefunded amounts. 6 Percent $ 387.18
Adjustment (Rounding for Assessment Roll) $ (0.18)
T FIRST YEAR'S ESTIMATED COSTS $ 6,840,00
. ate based on full year's interest. Interest charged only on portions that are not pre-funded
by the prior years
assessments as stated above, Rate varies based on City's average earnings as stated above.
ASSESSMENT CALCULATION -- Applying the Method of Assessment and Assessment Spread described above, the
following formula is used to determine the assessment amount per Assessment Unit:
Total Costs + Total Assessment Units=Cost per Assessment Unit
thus
6,840.00+36=$190.00 per Assessment Unit
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TABLE 1
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ESTIMATED FIRST YEAR'S COST SUMMARY
Assessment District No. 1023
(Elm Avenue and Coulston Street Landscape Maintenance Assessment District)
(Phase I and 2)
Description of Costs
Quantity
Unit Cost/Unit Annual Cost
Maintenance of Turf I Irrigation - Sq.Ft. 0.25 $ -
Maintenance of Groundcover IShrubslIrrigation 14,200 Sq.Ft. 0.20 $ 2,840.00
Maintenance of Trees I Irrigation I L.S. 750.00 $ 750.00
Water and Energy Costs 14,200 Sq.Ft. 0.10 $ 1,420.00
Weekly Inspection (Iabor,overhead) 144 Hours 25.00 $ 3,600.00
Annual Assmt. Engineering (labor+overhead) 25 Hours 30.00 $ 750.00
Contract Adminstration (labor+overhead) 48 Hours 22.00 $ 1,056.00
Incidentals (materials, supplies, other costs) 1 L.S. 400.00 $ 400.00
Outside Department Services (labor+overhead) 84 parcels 10.00 $ 840.00
Subtotal $ 11,656.00
Estimated Interest for non-prefunded amounts* 6 Percent $ 699.36
.ent (Rounding for Assessment Roll) $ (0.64)
$ 12,354.72
TOTAL FIRSTYEAR'S ESTIMATED COSTS
. Estimate based on full year's interest. Interest charged only on portions that are not pre-funded by the prior years
assessments as stated above. Rate varies based on City's average earnings as stated above.
ASSESSMENT CALCULATION -- Applying the Method of Assessment and Assessment Spread described above, the
following formula is used to determine the assessment amount per Assessment Unit:
Total Costs + Total Assessment Units=Cost per Assessment Unit
thus
11,354.71 + 84 = $147.08 per Assessment Unit
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ENGINEER'S STATEMENT
This Report, together with the Assessment District Boundary Map and Proposed Assessment Rolls has been
prepared and is being filed pursuant to and in compliance with Chapter 12.90 of the San Bernardino Municipal Code
and also in compliance with the requirements set forth in Article XIIID of the California Constitution for the
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establishment of Assessment District No. 1023.
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7/2-3 - CZ}
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ROGER G. HARDGRAVE
Director of Public Works/City Engineer
Date
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List of Exhibits
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1. Vicinity Map..................................................... Exhibit "1"
2. Reduced copy of Boundary Map....................... Exhibit "2"
3. Copy of "Notice of Exemption" ......................... Exhibit "3"
4. Proposed Assessment Roll (FY 1997/98)........... Exhibit "4"
(Phase 1 only)
s. Proposed Assessment Roll ......................... Exhibit "5"
(phase 1 and 2)
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--
.
PROPOSED
ASSESSMENT DISTRICT
WII@JIfMrrW fiW~fP
N.T ...
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT DISTRICT NO. .023
(Elm Avenue and Coulston Street Landscape Maintenance Assessment District)
EXHIBIT "."
ASSESSMENT BOUNDARY
ASSESSMENT DISTRICI' NO. 1023
ELM & COUlSI'ON AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICf
far...
an' OPSANBlIIUWtDINO
COUNl'Y OPSANBIlIlNAltDINO
SlATEOPCALIPOltNIA
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CITY OF SAN BERNARDINO
IlB'ARTNENl"OF PlBJC WOIICB
BI.M A cotJlS'I'ON AltBA
LANDIICAI'INO MAJN'l'IlNANCB
.........-..non' DIS1'IUCl'
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EXHIBIT "2"
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PROJIICl'LOCA11ON
.
VJaN1TYMAP
-
,
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
NOTICE OF EXEMPTION
FROM: CITY OF SAN BERNARDINO, PLANNING
AND BUILDING SERVICES DEPARTMENT
300 N. "0" STREET
SAN BERNARDINO. CA 92418
TO:
OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET, ROOM 121
SACRAMENTO, CA 95814
X COUNTY CLERK
COUNTY OF SAN BERNARDINO
385 NORTH ARROWHEAD AVENUE
SAN BERNARDINO, CA 92415
Project TItle: ASSESSMENT DISTRICT NO. 1023
Project Locatlon-Specmc: TRACT NO. 157n - SOUTH OF COULSTON STREET, BElWEEN ELM
AVENUE AND RICHARDSON STREET.
Project Locatlon-Clty: SAN BERNARDINO Project location - County: SAN BERNARDINO
Description of project: SBMC 12.90 PROCEEDINGS FOR THE ESTABLISHMENT OF A LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT
-0
Name of Public Agency Approving Project
Name of Person or Agency Canylng out Project:
CllY OF SAN BERNARDINO
CllY OF SAN BERNARDINO
Exem~t Status: (check one)
o Ministerial (Sec. 210aO(b)(1); 15268);
o Declared Emergency (Sec. 210aO(b)(3); 15269(a));
o Emergency Project (Sec.210aO(b)(4); 15269(b)(c));
ex Categorical exemption. State type and aactIon number: Class 1153011c} Res.90-217.Sec. B2c
o Statutory exemptions. State code number:
Reason why project I. exempt ESTABLISHMENT PROCEEDINGS FOR ASSESSMENT DISTRICT TO
PROVIDE FUNDING SOURCE FOR MAINTENANCE OF LANDSCAPING
Lead Agency
Contact Person:
LASZLO FOGASSY
Area CodelTelephone/Extenslon: 1909} 384-5026
If filed by applicant
1. Attach certified document of exemption finding.
2. Ha. a notice of exemption been filed by the public agency approving the project? 0 Ye. 0 No
Signature: ~,/ ;; - Data: "}-2q~7 Title: Real Procertv Official
Ii Signed by Lead Agency 0 Signed by Applicant Date received for filing at OPR:
EXIllBIT "3"
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CITY OF SAN BERNARDINO
PROPOSED
1998 /1999 ASSESSMENT ROLL -AD 1023
ELM & COULSTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. Assessment Aint.
1 0281-291-01 S190.00
2 0281-291-02 S190.00
3 0281-291-03 S190.00
4 0281-291-04 S190.00
5 0281-291-05 S190.00
6 0281-291-06 S190.00
7 0281-291-07 S190.00
8 0281-291-08 S190.00
9 0281-291-09 S190.00
10 0281-291-10 S190.00
11 0281-291-11 S190.00
12 0281-291-]2 S190.00
13 0281-291-13 S190.00
14 0281-291-14 S190.00
15 028]-291-15 S190.00
16 0281-291-16 S190.00
17 0281-291-17 S190.00
18 0281-291-18 S190.OO
19 0281-291-19 S190.00
20 0281-291-20 S190.00
21 0281-291-21 S190.00
22 0281-391-01 S190.00
23 0281-391-02 S190.00
24 0281-391-03 S190.00
25 0281-391-04 5190.00
26 0281-391-05 \ 5190.00
27 0281-391-06 5190.00
28 0281-391-07 S190.00
29 0281-391-08 S190.00
30 0281-391-09 S190.00
31 0281-391-10 S190.00
32 0281-391-11 5190.00
33 0281-391-12 S190.00
34 0281-391-13 5190.00
35 0281-391-14 5190.00
36 0281-391-15 S19O.00
37 0281-391-16 SO.OO
38 0281-391-17 50.00
EXlllBIT "4"
1023 I 1998
Page I of2
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Assessment No.
39
Parcel No.
0281-391-18
Assessment Amt.
$0.00
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56,840.00
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TOTALS:
39 Parcels
1023 / 1998
EXHIBIT "4"
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Page 2 of2
(FULL BUlLDOUT OF DEVELOPMENT)
ELM & COULSTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
Assessment No. Parcel No. Assessment Amt.
1 0281-291-01 $147.08
2 0281-291-02 $147.08
3 0281-291-03 $147.08
4 0281-291-04 $147.08
5 0281-291-05 $147.08
6 0281-291-06 $147.08
7 0281-291-07 $147.08
8 0281-291-08 $147.08
9 0281-291-09 $147.08
10 0281-291-10 $147.08
11 0281-291-11 $147.08
12 0281-291-12 $147.08
13 0281-291-13 $147.08
14 0281-291-14 $147.08
15 0281-291-15 $147.08
16 0281-291-16 $147.08
17 0281-291-17 $147.08
18 0281-291-18 $147.08
19 0281-291-19 $147.08
20 0281-291-20 $147.08
21 0281-291-21 $147.08
22 0281-391-01 $147.08
23 0281-391-02 $147.08
24 0281-391-03 $147.08
25 0281-391-04 $147.08
26 0281-391-05 $147.08
27 0281-391-06 $147.08
28 0281-391-07 $147.08
29 0281-391-08 $147.08
30 0281-391-09 $147.08
31 0281-391-10 $147.08
32 0281-391-11 $147.08
33 0281-391.12 $147.08
34 0281-391-13 $147.08
35 0281-391.14 $147.08
36 0281-391-15 $147.08
37 0281-391-16 $2,647.44
38 0281-391-17 $1,323.72
EXlllBIT "5"
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1023
CITY OF SAN BERNARDINO
PROPOSED ASSESSMENT ROLL - AD 1023
Page I 012
Assessment No.
39
Parcel No.
0281-391-18
Assessment Amt.
$3,088.68
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39 Parcels
512,354.72
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TOTALS:
1023
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EXHIBIT "5"
Page 2 of2