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HomeMy WebLinkAbout30-Public Works 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 ;//2 ~~~ /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". 2 75.0264 I CIA..ev i ! ~Q II:)~ o CAJ<I'(.04 ~ I x CJ .' /""",/ Ii ~ , '" ~ 1 ~ ~ ~ ~ ~ /fJ -, G ~ ~ ,f ; / , I. -1 ~ ~ 3 ; " . I> /N/LL/L/1.1'Jr/Z'//L/.UL~a//~~_L/JjJJj-./~JJ-LA 17 o '- fJO J!/ \ ~ .. ,. 1 ~ :1 4 5 6 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 11 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. 14 15 966"; 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; 22 23 24 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 28 1 1 ~ 3 4 - 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 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 28 3 ] ~ J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 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 4 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. 26 11/ I 27 111/ 28 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 6