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HomeMy WebLinkAbout1995-171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 'lS-171 RESOLUTION OF TIIE CITY OF SAN BERNARDINO FINDING AND DETERMINING TIIAT TIIE PUBLIC CONVENIENCE AND NECESSITY REQUIRE TIIE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 952 ZONE 3 BY EXPANDING TIIE BOUNDARIES TIIEREOF TO INCLUDE ADDITIONAL TERRITORY IN TIIE DISTRICT FOR TIIE MAINTENANCE OF LANDSCAPING ALONG PORTIONS OF NORTIlPARK BOULEVARD; ORDERING TIIE AMENDMENT AND EXPANSION OF TIIE DISTRICT AND TIIAT TIIE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACI' OF 1931 SHALL NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 952. WHEREAS, by Resolution No. 81-235 adopted June 15, 1981, the Mayor and Common Council of the City of San Bernardino created Assessment District No. 952 for the maintenance of landscaping in the State College Area; and WHEREAS, the Mayor and Common Counci 1 of the City of San Bernardino have preliminarily found that the public interest, convenience, and necessity require the amendment of the boundaries of Assessment District No, 952 by the expansion thereof to include additional territory; and WHEREAS, the Mayor and Common Counci 1 of the City of San 15 Bernardino have, on the 17th of April, 1995, passed and adopted Resolution 16 17 18 19 20 21 22 23 24 25 26 No, 95-121 entitled: "RESOLUTION OF TIIE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING TIIAT TIIE PUBLIC CONVENIENCE AND NECESSITY REQUIRE TIIE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO, 952 ZONE 3 BY EXPANDING TIIE BOUNDARIES TIiEREOF TO INCLUDE ADDITIONAL TERRITORY IN TIIE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER TIIE AMENDMENT AND EXPANSION OF TIIE DISTRICT; AND WAIVING NOTICE AND HEARING" . which said resolution indicated that the City elected to proceed without Notice and Hearing pursuant to Section 12.90.040C(5) of the Municipal Code as the request to expand the boundaries of the existing District represents 100% of the property owners liable to be assessed for the said maintenance within the expanded area. BE IT RESOLVED BY TIIE MAYOR AND COMMON COUNCIL OF TIIE CITY OF SAN BERNARDINO AS FOLLOWS: 27 SECTION 1. That the public convenience and necessity require, and the 28 Mayor and Common Council of the City of San Bernardino hereby declares by 05-08-95 11'.- -, , 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 RESOLUTION ORDERING EXPANSION OF ASSESSMENT DISTRICT NO. 952 BY EXPANDING TIIE BOUNDARIES OF ZONE 3 TIIEREOF, FOR TIIE MAINTENANCE OF LANDSCAPING IN TIIE STATE COLLEGE AREA, not less than a 4/5ths vote as defined in Section 12.90.040D of the San Bernardino Municipal Code, that the public interest, convenience, and necessity requires and hereby orders, the amendment of the boundaries of Assessment District No. 952 by expanding the boundaries thereof to include additional territory in the district within Zone 3 of said District; the work described in said Resolution No. 95-121 to be done as provided in said Resolution and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. SECTION 2. Reference hereby is made to said Resolution No. 95-121 for a description of the work, the extent of the assessment district, the financing alternatives and for further particulars. SECTION 3. That Amended Assessment District Diagram Map No. 952 is hereby approved. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 05-08-95 -2- r ,,-- . 'I '0 - I .71 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 RESOLlITION ORDERING EXPANSION OF ASSESSMENT DISTRICT NO. 952 BY EXPANDING TIIE BOUNDARIES OF ZONE 3 TIIEREOF, FOR TIIE MAINTENANCE OF LANDSCAPING IN TIIE STATE COLLEGE AREA. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the regular 5th Mayor and Common Counci I of the City of San Bernardino at a of meeting thereof held on the June , 19~, by the following vote, to-wit: Counci I Members: NAYS ABSTAIN AYES NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x Ci~~ The foregoing June resolution is , 19~. hereby approved this 1'// -z' ~/'h / 7!--Y};?/( :/1 ~1>tter\... TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City ttorney " 1. !') , e~'Vl/Y~~ 05-08-95 -3- day ABSENT day of