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HomeMy WebLinkAbout1994-286 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 94 286 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 981 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. WHEREAS, the City of San Bernardino (hereinafter called "City") as an exercise of its municipal affairs powers has enacted an Assessment District Ordinance (Municipal Code Chapter 12.90) to provide a procedure for the formation of assessment districts within the City; and WHEREAS, pursuant to said Municipal Code Chapter 12.90, the City of San Bernardino, by Resolution No. 87-389 adopted November 2, 1987, created Assessment District No. 981 for the maintenance of landscaping in the area of Meridian and Randa 11 Avenues; and 15 WHEREAS, the Assessment District Boundary Map for said Assessment 16 District was recorded in the office of the County Recorder of San Bernardino 17 County on October 8, 1987, in Book 46 of Assessments, page 14; and 18 19 20 21 22 WHEREAS, it has now hecome necessary to consider amending the boundaries thereof by expanding same to include additional territory therein and which additional territory will share in the cost and expense of said maintenance; and 23 WHEREAS, the addition of said area to the boundaries of the District, 24 will not increase the cost of assessment to the properties presently within 25 the boundaries of the existing District; 26 III 27 I I I 28 08-29-94 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 EXPANDING BOUNDARIES OF ASSMT. DISTRICT NO. 981 94-286 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: SECTION 1. Pursuant to Section 12.90.060 of the San Bernardino Municipal Code, the Mayor and Common Council of said City hereby preliminarily find and determine that the public convenience and necessity require, and it is the intention of the Mayor and Common Council to amend the boundaries of Assessment District No. 981, by the expansion thereof to include additional territory, the boundaries of said additional area are generally as follows: Bounded on the West by the center line of Meridian Avenue, on the South by the center line of Randall Avenue, on the East by the east boundary ine of Tract 14390, and on the North by the north boundary 1 ine of Tract 14390. Reference is hereby made to a map on file in the office of the City Clerk of said City delineating thereon the proposed amended boundaries of said Assessment District No. 981, which Amended Assessment District Map is hereby approved, and to Resolution of Intention No. 87-365, adopted October 5, 1987, on file in the office of the City Clerk of said City for a description of the type of improvement, an estimated cost of the improvement, the assessment benefit procedure to be followed, the assessment financing alternative to be followed, for the method of collection of the assessment and for a proposed assesment roll for the original District, all of which shall relate to and be binding upon the expanded District. III III III 08-29-94 2 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 EXPANDING BOUNDARIES OF ASSMT. DISTRICT NO. 981 94-286 SECTION 2. It is the intention of said Mayor and Common Council to order the amendment of boundaries by the expansion thereof to include such additional area. SECTION 3. Said contemplated work is of more than local or ordinary public benefit, and that said Mayor and Common Council do hereby make the expense of such work chargeable upon the expanded district, which expanded district is hereby dec I ared to be the district benefited by said proposed maintenance, and to be assessed to pay the cost and expense thereof. All public streets or alleys, or portions thereof, hereby are excepted from said assessment. SECTION 4. That the City elects 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. SECTION 5. A copy of this resolution and a map showing the exterior boundaries of the proposed amended boundaries of the district with relation to the territory immediately contiguous thereto will be on file with the City Clerk and will be available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed amended assessment district. III III III III III 08-29-94 3 RESOLUTION EXPANDING BOUNDARIES OF ASSMT. DISTRICT'NO. ~81 94-286 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 2 Mayor and Common Cound 1 of the City of San Bernardino at a regular 3 meeting thereof, held on the 19th 4 following vote, to wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cound I Members: AYES NEGRETE x ---- CURLIN x HERNANDEZ x --- OBERHELMAN x DEVLIN x ~- POPE-LUDLAM x MILLER x day of September , 1994, by the NAYS ABSTAIN ABSENT ~rk~ September The foregoing resolution is hereby approved this 22nd day of , 1994. Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~ 08-29-94 ~)1lt~ To'm Minor, Mayor City of San Bernardino 4 94 28~ 8 91 I 101 11i 12: I 131 i 14 15 i 161 Iii 181 191' 2011 il 211 i II 221! 231 241 25i 261 2711 II 2811 1: STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 2! CITY OF SAN BERNARDI~O SS 311 4 51 61 I I -. II I, RACHEL CLARK, City Clerk in and for the City of San Bernardino DO HEREBY CERTIE'Y that the foregoing and attached copy of the San Bernardino City Resolution No. 94-286 is a full, true and correct copy of that now on file in this office. IN WIT~ESS WHEREOF, I have hereunto set my hand official seal of the City of San Bernardino this of Seotember , 19.1l. and affixed the 19th day ~Li City r?{!<L, Ib , Clerk BY&~ f,c~b~, I..C~~~ Bea Cortes, Deputy ~