HomeMy WebLinkAbout1987-441
1
RESOLUTION NO.
87-441 __
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERM INING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
3 AMENDMENT OF ASSESSMENT DISTRICT NO. 959 BY EXPANDING THE SCOPE
THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL
4 TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED
TO ORDER THE AMENDMENT AND EXPANSION OF SCOPE OF THE DISTRICT;
5 AND WAIVING NOTICE AND HEARING.
6 WHEREAS, the City of San Bernardino (hereinafter called
7 "City") as an exercise of its municipal affairs powers has
8 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 City; and
11 WHEREAS, pursuant to said Municipal Code Chapter 12.90,
12 the Ci ty of San Bernardi no, by Resol uti on No. 84-448 adopted
13 November 8, 1984, created Assessment Di stri ct No. 959 for the
14 maintenance of landscaping in the Shandin Hills Area; and
15 WHEREAS, the Assessment District Boundary Map for said
16 Ass e ssm e n t D i s t r i c t was r e cor d e din the oJ f ice 0 f the C 0 u n t y
'17 Recorder 0 f San Be r n a r d ; no Co un ty on Au g us t 24, 1984 in Boo k 31
18 of Assessments, page 33; and
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WHEREAS, it has now become necessary to consider
20 amending the scope thereof by expanding same to include the
21 maintenance of landscaping in additional territory therein; and
22
WHEREAS, the addition of said area of landscaping
23 m a i n ten a n c e wit h i nth e b 0 u n d a r i e s 0 f the D i s t r i c t , w ill
24 increase the cost of assessment to the properties presently
25 within the boundaries of the existing District; and
26 WHEREAS, the owners of said properties are aware of the
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1 increased costs and 100% thereof have requested said amendment.
2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
3 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
4 SECTION 1. Pursuant to Section 12.90.060 of the San
5 Bernard i no M uni ci pa 1 Code, the Mayor and Common Counci 1 of sa i d
6 City, hereby preliminary find and determine that the public
7 convenience and necessity require, and it is the intention of
8 the Mayor and Common Council to amend the scope of Assessment
9 District No. 959, by expanding the scope to include the
10 maintenance of landscaping of additional territory, the
11 boundaries of said additional area are generally, as follows:
12 Those certain areas where easements are presently granted and
13 in those areas where easements will be granted to the City of
14 San Bernardino for landscape maintenance purposes as delineated
15 on the existing and future Subdivision Maps all lying within
16 the existing boundaries of the District.
17 Reference is hereby made to a map on file in the office
18 of the City Clerk of said City delineating thereon the
19 boundaries of said Assessment District No. 959, and to
20 Res 0 1 uti 0 n 0 fIn ten t ion No. 8 4 - 3 3 5 , ado p t e d A u g u s t 2 0, 1 9 8 4 0 n
21 file in the office of the City Clerk of said City for a
22 des c r ; p t ion 0 f the t y P e 0 f imp r 0 v erne nt, the ass e ssm e n t be n e fit
23 pro c e d u r e to be f 0 1 lowed, the ass e ssm e n t fin a n c i n gal t ern a t i ve
24 to be f 0 11 ow ed, for the me tho d of co 1 1 e c t i on of the ass e ssm e n t
25 and for a proposed assesment roll for the original District,
26 all of which shall relate to and be binding upon the amended
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0-20-87
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1 District.
2
SECTION 2.
It is the intention of said Mayor and
3 Common Council to order the amendment of scope by the expansion
4 thereof to include such additional maintenance.
5
SECTION 3. Said contemplated work and improvements is
6 of more than local or ordinary public benefit, and that said
7 Mayor and Common Council do hereby make the expense of such
8 work and improvement chargeable
upon the amended di stri ct,
9 which amended district is hereby declared to be the district
10 benefited by said proposed work and improvement, and to be
11 assessed to pay the cost and expense thereof.
All public
12 streets or alleys, or portions thereof, hereby are excepted
13 from said assessment.
14
SECTION 4. That the City elects to proceed without
15 Notice and Hearing pursuant to Section 12.90.040C(5) of the
16 Municipal Code as the request to expand" the scope of the
17 existing District represents 100% of the property owners liable
18 to be assessed for the said expanded maintenance.
19
SECTION 5. A copy of this resolution and a map showing
20 the exterior boundaries of the boundaries of the district with
21 relation to the territory immediately contiguous thereto will
22 be on file with the City Clerk and wi 11 be available for
23 inspection by any person or persons interested. This map shall
24 govern for all details as to the ex te n t of the improvement
25 District.
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10 20-87 3
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Berna rd i no a t a reqular
meeting thereof, held
4 on the
day of
1987, by the
21st
Decemhp-r
5 following vote, to wit:
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AYE S : Co un c i 1 Me m be r s _~~~B.e.i.l~~~-b<1aJlrlC 1 ~~T ._
~ Minqr MillAr
NAYS:
ABSENT:
None
Council Mp-mhAr fQI)A Lllill~m
/~.4tt?/ ~~"
City C re r k
i s
he r,e by a p pro v e d
this
foregoing resolution
("\ r
day of \i/ ~,~e~r~,r\
The
J- ~ .^-~
, 1987.
ernardino
23 Approved as to form
a",~ legal cO,ntent:
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,~~I~ 1,.'h..iI,,,;, J vV'vVrU\"
~ i/t Y A t tor n e y
I i
26 /
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0-20-87
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