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Home My WebLink About1992-449 r , . 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 RESOWTl ON NO. 92-449 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF SCOPE AND BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 LOCATED IN THE MILL AND PEPPER AREA 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; 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 S"n Benwrdino, by Resolution No. 37-8 adopted January ';, 1987, created Assessment District No. 975 for the maintenance of l,mdscaping in the Mill and Pepper 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 December 11, 1986, in Book 40 of Assessments, page 16; and WHEREAS, pursuant to said Municipal Code Chapter 12,90, the City of San Bernardino, by Resolution No. 87-407 and 90-127 adopted November 11, 1987 and April 16, 1990 respectively, expanded Assessment District No. 975 to include additional ar"ell into the Assessment District; and WHEREAS, the Amended Assessment District Boundary Maps tor said amended Assessment District were r-econled in the office of the County Recorder of San Bernardino Count)' on October 9, 1987 in Book 46 of Assessments, page 12 and on Apri I 18, 1990 in Book .58 of Assessments, page /,2 respectively; and WHEREAS, it has now hecome necessary to consider amending the 11-16-92 ",. '. T?F~ OF 1';;T ,\".'E\D scorf~ .\\"P Tl,(Y_.\n\I;);l::S,\~) (',,-,- .'( . 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 boundaries dnd SCOV(~ U1f:-~-"eof by p>;panding same to include additional territory and the mai.ntenance ot landscaping in additional territory therein and which addi ti ona I t.,rri tory wi I 1 share in the cost and expense of sa i d maintenance; and WHEREAS, the addition of said area and scope to the houndaries of the District, will not increase the cost of assessment to the properties presently within the boundaries of the existing District. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TilE CITY OF SAN BERNARDINO THAT: SECTION 1. Pursuant to Section 12.90.060 of the San Bernar'dino City hereby Municipal Code, the Mayor and Common Council of said 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 and scope of Assessment District No. 975, by the expansion thereof to include the maintenance of the East side of Eucalyptus Avenue, the North side of Mill Street and in easements granted for landscape maintenance purposes on the Map of Tract No. 14938 and include additional territory, tbe boundaries of saie! additional area are generally as follows: Bounded on the West by the centerline of Eucalyptus Avenue; on the South by the centerline of Mill Street; on the North by the North line at Tr<act No. 14930 and on tbe East by the East line of Tract ~o. 14938. Reference is hereby made to a map on fil" in the office of the City Clerk of said City delineating thereon the amended boundaries of said Assessment District No. 975, which Amended Assessment District Map is hereby approved, and to Resolution of Intention No. 06-501, adopted December 8, 1986 on file in the office of the City Clerk of saie! City for a description of the type of improvement, an estimated cost of the improvement, the assessment 11-16-92 ~ 1.,,\, 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 '-le (1)1[(:\\"1-], tel'.:: ii'lSf:"'<:,Smelll. f'inCll1ciJi,io:; ,-tJ t-crnativt" t(1 hi' llt~net j.t lWlh t-' t f,';lloweci f,_ [.hi:- lllr"(:hol_l of :'cl:l()J! of 1:he clssessment artO tr:c d proposed -'lsses;;;mcnt 11 r-,)l UJi" urigj'la,; District. el11 of ""hieh slldJl r'elat-;-, to dEi' lJc binding upon the amended Dl,:,:trict. SECTJO\ L. it is tjj(--" intent iOll of ~~'did ::d:'v'or and CamnlOH Cnilljci 1 to order tbl? cUIIPndrnent of scope and boundaries by the e:\panSl011 thereot tc) includl' such additional nJd,intendn,.:f." d.nu dred. SECTION 3. Sdid cOlrtempictted work and improvements is of m::'re tlklH local ur Clcdinary public bent.-fit, and thed: said :;dYo1' and Common Council do lll'l'eby make the expense or such work Clnu impl-U\/ement chdcgcdblp upon the ('\:panded district, v.:J-dcb f'xpanded district is hereb.r d'~c.'Jared to be Lht' district benefited b,y said pr'oposed wor'k and improVf~ment l ;:tllc1 to bf: d':<sp,:",s(;d to pay the cost and expen.'~,(' thert'ci'. All pub] ic stret-:t.s In' alleys. Ul" portions thf:reof, hereby- are e::-.:ceptcd fr-Olfl said assessment. SECTIO\ :-1. Tl1dl th~; ('it>. I.' 1 c'ctsr proceed wi thont \ixUr::-e dUel Hpar-LHg pursuunt tc Secti.uIl 12.CJO.04UC(5) ot the \itudcipal Code clS tlit' requesi to expan(] the l]oundaries dnd SCO]Jt' of tIle existing IJistr'irt represents 100% of the property owners liable tc be assessed fOl- The saill rnai nten::'Hl C l'.~. SECTIO!\ 5. '\ copy of this resolution and a map she'wing the e:,,:terior' bound(H'i~s of the pnJ[H.i,c.,f'd nmf'lHied bOUnl.l;-~lrif:'.s of thp distT'ict- with rcJntioJ) to the territory immediately cuntiguous therptll wi.l i bt, U11 file with the City Clerk cmd wil.l 1h:" ,j\:diJdblt-' tor in<:.;pection 11.:--' clll~ I)f'r"SUlJ or ])eC~,Cin~, inr.Pt'ested. This lTJap s11,ej i 1 govern for (1 i. i. df:,tili ls Elst-.o t!u~. e\tellT <ii t.\.... Iwupo5Pc1 dmendf~d i mprcP/cmeni ni stri ct. III III 11 ~16-()L 3 1'1::-:;. or l\T. _,\VE\T) SCOFF A\~) BCY,-\DAH I ~'5 {\U 97') 1 I HEREBY CERTIFY th~t the foregoing resolution was duly adopted by the 2 3 Mayor and Common Council of the City of San flernflrdino at a reqular meeting thereof, he 1d on the ___.7tI.L.~_ day of . Dece.JTllo5'J::_______.' 1992, by 4 following vote, to wit: 5 6 7 8 9 10 11 12 13 14 15 Council Members: AYES ESTRADA x ------~ REILLY -~~- HERNANDEZ x -~-~ MAUDSLEY --_.~._._----- ~lINOR -----"'- POPE-LUDLAM -~-~ MILLER ___>L__~_ the NAYS ABSTAIN ABSENT ~(v. -A. -'-~ (i.-J.'-p-A:J ~_._--_.__._--- . 'ty Clerk The foregoing resolution is hereby approved this 1 ~. ~_~'\h" 1992, 17 18 19 20 Approved as to form and legal content: 21 22 23 24 25 26 27 28 .JAMES F, PENMAN, City Attorney I.) i ",_"".>0?' ;el/4,-=-_ 11-16-92 ot 4