HomeMy WebLinkAbout1992-035
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RESOLUTION NO. 92-35
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF ASSESSMENT
DISTRICT NO. 952 LOCATED IN THE STATE COLLEGE AREA BY EXPANDING THE SCOPE
THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN
THE DISTRICT; CREATING A SUB-ZONE TO BE ASSESSED THE COST OF SAID
MAINTENANCE; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND
EXPANSION OF SCOPE 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 for the 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. 81-235 adopted June 15, 1981, created
Assessment District No. 952 for the maintenance of landscaping in the State
College Area; and
WHEREAS, the Assessment District Boundary Map for said Assessment
District was recorded in the office of the County Recorder of San Bernardino
County on September 7, 1982 in Book 27 of Assessments, page 5; and
WHEREAS, it has now become necessary to consider aaending the scope
thereof by expanding same to include the maintenance of landscaping in
additional territory therein; and
WHEREAS, the addition of said area of landscaping maintenance within
the boundaries of the District is not of general benefit to the District and
a sub-zone within Zone 2 is necessary to assess the costs therefor and will
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increase the cost of assessment to the properties within the sub-zone; and
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1-06-92
RESOLUTION. AMENDING SCOPE OF A.D. 952
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WHEREAS, the owners of said properties are aware of the increased
costs and 100% thereof have requested said amendment.
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
scope of Assessment District No. 952, by expanding the scope to include
the maintenance of landscaping of additional territory and to create a sub-
zone to be assessed the costs thereof, the boundaries of said additional area
are generally as follows:
Portions of both sides of Sun Valley Drive, North of 48th Street
lying within the boundaries of Tract No. 14388.
Reference is hereby made to a map on file in the office of the City
Clerk of said City delineating thereon the boundaries of said Assessment
District No. 952, and to Resolution of Intention No. 81-33, adopted January
19, 1981, on file in the office of the City Clerk of said City for a
description of the type of 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 assessment roll for
of which shall relate to and be binding upon the
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1-06-92
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RESOLUTIONAMENDlNG SCOPE OF A.D. 952
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SECTION 2. It is the intention of said Mayor and Common Council to
order the amendment of scope by the expansion thereof to include such
additional maintenance.
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 such additional work and improvement chargeable
upon the new Sub-Zone 2A of Zone 2 of the amended district, which amended
district Sub-Zone is hereby declared to be the Sub-Zone benefited by said
proposed work and improvement. 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 scope of the existing District represents 100% of the
property owners liable to be assessed for the said expanded maintenance.
SECTION 5. A copy of this resolution and a map showing the exterior
boundaries of the boundaries of the district with relation to the territory
immediately contiguous thereto is 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 improvement District.
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RESOLUTIOW AMENDING SCOPE OF A.D. 952
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
REILLY X
HERNANDEZ X
MAUDSLEY X
MINOR X
POPE-LUDLAM X
MILLER X
meeting thereof, held on the Jrd
4 following vote, to wit:
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day of
Februarv
~~rk~
The foregoing resolution is hereby approved this 6th
February
. 1992.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
. t,vcv-u'
By:
01-06-92
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, .-/ - .-;/ / .-. ,,--
W.R. Holcomb, Mayor
City of San Bernardino
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reqular
, 1992, by the
day of