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HomeMy WebLinkAbout1992-472 RESOLUTION NO. 92-472 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 OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES AND SCOPE OF ASSESSMENT DISTRICT NO. 990 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT AND BY EXPANDING THE SCOPE TO INCLUDE SECURITY PATROL AND ADDITIONAL STREET LIGHTING AND ENERGY COST FOR SAID ADDITIONAL TERRITORY IN THE DISTRICT IN THE AREA OF HIGHLAND AVENUE AND ARDEN AVENUE; ORDERING THE AMENDMENT AND EXPANSION OF THE BOUNDARIES AND SCOPE OF THE DISTRICT; CREATING ZONE 1 TO COVER THE EXISTING BOUNDARIES AND CREATING ZONE 2 TO COVER THE ADDITIONAL TERRITORY; AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP NO. 990. WHEREAS, by Resolution No. 89-323 adopted August 29, 1989, the Mayor and Common Council of the City of San Bernardino created Assessment District No. 990 for security patrol and street lighting maintenance and energy costs in the Highland and Arden area; WHEREAS, the Mayor and Common Council of the City of San Bernardino have preliminarily found that the public interest, convenience, and necessity require the amendment of the boundaries of Assessment District No. 990 by the expansion thereof to include additional territory and by the creation of Zone 1 to cover the existing district and Zone 2 to cover expanded territory and by expanding the scope thereof to include the security patrol and street lighting maintenance and energy costs of additional territory within the boundaries of the district; 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 WHEREAS, the Mayor and Common Council of the City of San Bernardino have, on the 2nd day of November, passed and adopted Resolution No. 92-422 entitled: 12-02-92 RESOLUTION AMMENDING SCOPE AND BOUNDARIES AND ORDERING WORK FOR ASSESSMENT DISTRICT NO. 990, LOCATED IN THE HIGHLAND j ARDEN AREA. 1 "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF 2 ASSESSMENT DISTRICT NO. 990 LOCATED IN THE HIGHLAND-ARDEN AREA BY EXPANDING THE SCOPE AND BOUNDARIES THEREOF TO INCLUDE ADDITIONAL SECURITY SERVICES AND 3 ADDITIONAL LIGHTING MAINTENANCE AND ENERGY COSTS FOR ADDITIONAL TERRITORY IN THE DISTRICT; CREATING ZONE 1 TO COVER THE EXISTING BOUNDARIES AND CREATING 4 ZONE 2 TO BE ASSESSED THE COST OF SAID ADDITIONAL SECURITY SERVICES AND MAINTENANCE; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND 5 EXPANSION OF SCOPE AND BOUNDARIES OF THE DISTRICT AND SETTING A PUBLIC HEARING. " 6 7 8 9 10 11 12 which said resolution duly and legally was published and notice of improvement has been given in the manner required by chapter 12.90 of the San Bernardino Municipal Code, and written objections and protests to the amendment of the boundaries and scope of the district, the work to be done or the extent of the amended district to be assessed were heard and considered. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 13 CITY OF SAN BERNARDINO AS FOLLOWS: 14 SECTION 1. That a full and fair public hearing having been held, as 15 stated in the recitals herein, and the Mayor and Common Council, having 16 heard and considered any and all comments received thereon and being fully 17 advised in the premises, hereby overrules any and all protests received. 18 SECTION 2. That the public convenience and necessity require, and the 19 Mayor and Common Council of the City of San Bernardino hereby declares by 20 not less than a 4j5ths vote as defined in Section 12.90.040D of the San 21 Bernardino Municipal Code, that the public interest, convenience, and 22 necessity requires and hereby orders, the amendment of the boundaries and 23 scope of Assessment District No. 990 by expanding the boundaries and scope 24 thereof to include additional territory in the district and the creation of 25 Zone 1 for the existing district and Zone 2 for the additional territory and 26 to include security patrol and additional street lighting maintenance and 27 energy costs for additional territory in the district; the work described in 28 said Resolution No. 92-422 to be done as provided in said Resolution and 12-02-92 -2- 9 / / 10 / / 11 / / 12 / / 13 / / 14 / / 15 / / 16 / / 17 / / 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / / RESOLUTION AMMENDING SCOPE AND BOUNDARIES AND ORDERING WORK FOR ASSESSMENT DISTRICT NO. 990, LOCATED IN THE HIGHLAND / ARDEN AREA. 1 that the Special Assessment, Investigation and Limitation Act of 1931 shall 2 not apply. 3 SECTION 3. Reference hereby is made to said Resolution No. 92-422 for 4 a description of the work, the extent of the assessment district and the 5 extent of the additional scope of the assessment district, the financing 6 alternatives and for further particulars. 7 SECTION 4. That Amended Assessment District Diagram Map No. 990 is 8 hereby approved. 12-02-92 -3- , ----.. ~ , RESOLUTION AMMENDING SCOPE AND BOUNDARIES AND ORDERING WORK FOR ASSESSMENT ])ISTRICT NO. 990, LOCATED IN THE HIGHLAND / ARDEN AREA. 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 2 the Mayor and Common Council of the City of San Bernardino at a 3 4 reqular meeting thereof held on the 21st day of December 92 19_____, by the following vote, to-wit: 5 Council Members: AYES NAYES ABSTAIN ABSENT 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER x x x x x x x 13 14 C4: o..JuL CL;(~ CIty Clerk 15 16 ~p_~-,\\~W'L- , 19'\~. 17 18 19 The foregoing resolution is hereby approved this ~~ \U~ day of 20 21 22 Approved as to form 23 and legal content: 24 25 26 JAMES F. PENMAN, City~ By: 'L~ ) ./ ........ 27 28 12-02-92 -4-