HomeMy WebLinkAbout1992-422
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RESOLUTION NO. 92-422
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF
3 ASSESSMENT DISTRICT NO. 990 LOCATED IN THE HIGHLAND-ARDEN AREA BY EXPANDING
THE SCOPE AND BOUNDARIES THEREOF TO INCLUDE ADDITIONAL SECURITY SERVICES AND
4 ADDITIONAL LIGHTING MAINTENANCE AND ENERGY COSTS FOR ADDITIONAL TERRITORY IN
THE DISTRICT; CREATING ZONE 1 TO COVER THE EXISTING BOUNDARIES AND CREATING
5 ZONE 2 TO BE ASSESSED THE COST OF SAID ADDITIONAL SECURITY SERVICES AND
MAINTENANCE; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND
6 EXPANSION OF SCOPE AND BOUNDARIES OF THE DISTRICT AND SETTING A PUBLIC
HEARING.
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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, by
Resolution No. 89-323, adopted August 21, 1989, created Assessment District
No. 990 for Security Services and maintenance and energy costs for
additional street lighting in the Highland-Arden 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 June 28, 1989 in Book 55 of Assessments, page 21; and
WHEREAS, it has now become necessary to consider amending the scope
and boundaries thereof by expanding same to include additional territory and
additional Security Services and maintenance and energy costs of additional
street lighting which additional territory will be assessed the cost and
expense of said additional security services and maintenance; and
WHEREAS, the addition of said area of security services and said
maintenance within the boundaries of the District is not of general benefit
to the District and the creation of Zone 1 to cover the existing boundaries
and Zone 2 to cover the additional area is necessary to assess the costs
therefor and will not increase the cost of assessments to the properties
within the existing district; and
10-28-92
RESbLUTION OF INTENTION: AMENDMENT OF THE SCOPE AND BOUNDARIES OF ASSESSMENT
DISTRICT NO. 990, IN THE HIGHLAND AND ARDEN AREA.
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WHEREAS, less than 100% of the owners within the area to be expanded
2 have requested the expansion of the assessment district.
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
4 BERNARDINO AS FOLLOWS:
5 SECTION 1. That the existing district to be known as Zone 1 will not
6 be affected by this action.
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SECTION 2. 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
10 require, and it is the intention of the Mayor and Common Council to amend
11 the scope and boundaries of Assessment District No. 990, by expanding the
12 scope to include security services and the maintenance and energy costs of
13 additional street lighting and include additional territory and to create
14 Zone 1 to cover the existing boundaries and create Zone 2 to be assessed the
15 additional costs thereof, the boundaries of said additional area are
16 generally as follows:
17 The centerline of Sterling Avenue on the West; the East line of
18 McKinley Street on the East; the South line of of the East-west alley South
19 of Sunrise Street on the South and the North line of the East-west alley
20 North of 19th Street on the North.
21 Reference is hereby made to the Engineer's Report and map on file in
22 the office of the City Clerk of said City delineating thereon the amended
23 boundaries of said Assessment District No. 990, which Amended Assessment
24 District Map is hereby approved and to Resolution of Intention No. 89-216,
25 adopted on June 19, 1989, on file in the office of the City Clerk of said
26 City for description of the type of improvement, the assessment benefit
27 procedure to be followed, the assessment financing alternative to be
28 followed, for the method of collection of the assessment, all of which shall
10-28-92
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RESOLUTION OF INTENTION: AMENDMENT OF THE SCOPE AND BOUNDARIES OF ASSESSMENT
DISTRICT NO. 990, IN THE HIGHLAND AND ARDEN AREA.
1 relate to and be binding upon the amended District.
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Section 3. It is the intention of the Mayor and Common Council to
3 order the amendment of scope by the expansion thereof to include such
4 additional service and maintenance.
5 The estimated cost of said additional security service and maintenance
6 including incidental costs to be assessed against Zone 2 is $ 51,123.45 for
7 the first year.
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SECTION 4. Said contemplated work and improvements is of more
9 than local or ordinary public benefit, and that said Mayor and Common
10 Council do hereby make the expense of such a additional work and improvement
11 chargeable upon Zone 2 of the amended district, which Zone 2 is hereby
12 declared to be the Zone benefited by said proposed additional work and
13 improvement, and to be assessed to pay the cost and expense thereof. All
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public streets or alleys, or portions thereof, are hereby excepted from said
assessment.
SECTION 5. That notice is hereby given that on December 7, 1992, at
17 the hour of 10:00 a.m., in the Council Chambers, in the City Hall of said
18 City, there shall be a public hearing before said Mayor and Common Council
19 for the purpose of determining whether the public convenience and necessity
20 require the amendment of the scope and boundaries of Assessment District.
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990 and creating Zone 1 to cover the existing district and Zone 2 to cover
the additional area and additional work,
without compliance with the
Special Assessment Investigation, Limitation and Majority Protest Act of
1931 and whether the Mayor and Common Council should proceed with ordering
the above described services and maintenance.
At said hearing, any and all persons interested may appear and show
cause, if any they have, why the Mayor and Common Council should not find
28 and determine that the public convenience and necessity require the
10-28-92
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RESOLUTION OF INTENTION: AMENDMENT OF THE SCOPE AND BOUNDARIES OF ASSESSMENT
DISTRICT NO. 990, IN THE HIGHLAND AND ARDEN AREA.
1 amendment of the proposed district without compliance with the Special
2 Assessment Investigation, Limitation and Majority Protest Act of 1931; on
3 the question of estimated cost, and the intention of the Mayor and Common
4 Council to proceed to order work within the district.
5 SECTION 6. At said public hear"ing, all persons will be heard, any
6 holder of title to taxable real property within the boundaries of the
7 proposed district may file a protest in writing with the City Clerk, not
8 later than the hour hereinabove set for hearing, containing therein a
9 description of the property in which the signer thereof is interested
10 sufficient to identity the same, and, if the signers are not shown on the
11 last equalized assessment roll as the owners of such property, must contain
12 or be accompanied by written evidence that such signers are the owners of
13 such property.
The basis for determining the existence of a majority
14 protest shall be based on the number of units involved in proportion to the
15 total number of units within the entire district, with one unit representing
16 a single family dwelling.
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SECTION 7.
The City Clerk is authorized and directed to
cause a
copy of this resolution to be published in a newspaper of
general
circulation published in the City, and that said Clerk shall cause a
notice
20 of the adoption of this resolution to be posted and mailed as required by
21 Section 12.90.040C of the Municipal Code of the City of San Bernardino.
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SECTION 6. A copy of this resolution and a map showing the exterior
23 boundaries of the proposed improvement district with relation to the
24 territory immediately contiguous thereto and to the proposed improvement
25 will be on file with the City Clerk and will be available for inspection by
26 any person or persons interested. This map shall govern for all details as
27 to the extent of the proposed improvement district.
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10-26-92
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RESOLUTION OF INTENTION: AMENDMENT OF THE SCOPE AND BOUNDARIES OF ASSESSMENT
DISTRICT NO. 990, IN THE HIGHLAND AND ARDEN AREA.
the Mayor
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
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and Common Council of the City
regular
of San Bernardino at
a
meeting thereof held on
of
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4 November
5 Counci 1 Members:
AYES
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
25 Ci~ty Attorney
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the
day
2nd
NAYES
ABSTAIN
ABSENT
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City Clerk
The foregoing resolution is hereby approved this \.'\-\\t\-, day of
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10-28-92
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