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HomeMy WebLinkAbout1993-049 . 1 2 3 4 5 6 7 RESOLUTI ON NO. 93.=-49... A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; TO EXPAND THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT IN TilE AREA OF MILL AND PEPPER; ORDERING TilE AMENDMENT AND EXPANSION OF THE BOUNDARIES AND SCOPE OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SIlALL NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 975. WHEREAS, by Resolution No. 87-8 adopted January 5, 1987, the Mayor 8 and Common Council of the City of San Bernardino created Assessment District 9 No. 975 for the maintenance of I andscaping in the area of Mi 11 Street and 10 Pepper' Avenue; and 11 WHEREAS. the Mayor and Common Council of the City of San Bernardino 12 have preliminarily found that the public interest, convenience, and 13 necessity require the amendment of the boundaries of Assessment District No. 14 975 by the expansion thereof to include additional territory and by expanding 15 the scope thereof to include the maintenance of additional territory within 16 the boundaries of the district; imd 17 WHEREAS, the Mayor- and Common Council ot the City of San Ber-nar-dino 18 have, on the 7th day of December- 1992, passed and adopted Resolution No. 19 92-449 entitled: 20 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF SCOPE AND 21 BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 LOCATED IN THE MILL AND PEPPER AREA BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE 22 DISTRICT; TO EXPAND THE SCOPE THEREOF TO INCLUDE THE ~IAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION 23 TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF SCOPE OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. 24 25 26 27 28 which said r-esolution indicated that the City elected to proceed without Notice and Hear-ing pur-suant to Section 12.90.040C(5) of the Municipal Code as III 02-15-93 , RES93-49 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 RESOLCTI0\ AMEiJDII\G nOC\DAJiY A:\D SCOPE AD 97'; , the request to represents 100~ maintenance. expand the boundaries and scope of the existing District of the property owners liable to be assessed for the said NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the public convenience and necessity require, and the Mayor and Common Council of the City of San Bernardino hereby declares by not less than a 4/5ths vote. that the public interest, convenience, and necessi ty requires and hereby orders, the amendment of the boundal'ies and scope of Assessment District No. 975 by expanding the boundaries and scope thereof to include addi honal territory in the district and to include the maintenance of landscaping of additional territory in the district; the work described in said Resolution No. 92-449 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. 92-449 for a description of the work, the extent of the assessment district and the extent of the additional scope of the assessment district, the financing alternatives and for further particulars. SECTION 3. That Amended Assessment District Diagram Map No. 975 is hereby approved. III III III III III 02-15-93 2 , RES 93-49 RJ':S'C'L'.1TIO!\ A"E\Dl\G mC\D,\}iTf, A'I'Il SCOPE AD 975 I HEREBY CERTIFY th"t the foregoing r'esolution was duly adopted by the 1 2 3 Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 4 following vote, to wit: 5 6 7 8 9 10 11 12 13 14 COlmc i I Members: ~--_.~--- ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER y"'gnlar 8th __ day of Ma~~h , 1993, by the AYES NAYS ABSTAIN ABSENT --4.-- x ---X-- x x x ---X-_ ~y~ ~~ / The foregoing resolution is hereby approved this 15 16 ~~\Lc.~_. 1993. 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: ,JAMES F. PENMAN, Ci ty Attorney ",~r./L..- 02-15-93 of 3