HomeMy WebLinkAbout1991-434
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RESOLUTION NO. 91-434
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FOR~lATlON OF A LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE CAJON AND PEPPER LINDEN AREA:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1005, AND WAIVING NOTICE AND HEARING.
WHEREAS, the City of San Bernardino (hereinafter called "City") as an
6 exercise of its municipal affairs powers has enacted an Assessment Distr'ict
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Ordinance (Municipal Code Chapter 12.90) to pr'ovi de for the procedure for the
formation of assessment districts within the City; and
WHEREAS, it has now become necessary to consider the formation of a
landscape maintenance assessment district within the City, to be known as
Assessment District No. 1005;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TilE
CITY OF SAN BERNARDINO THAT:
SECTION 1. Pursuant to Chapter 12.90 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 form Assessment District No.
1005, the boundaries of which ace generally as follows:
Generally bounded on the Northeast by Cajon Boulevard, on the
22 Northwest by Pepper Linden Dri. ve, on the Southeast by the Southeaster-ly line
23 of Tract No. 14503-1 and on the South by the South line of Tract No. 14503.
24 Refer'ence is hereby made to the Engineer's Report on file in the
25 office of the City Clerk of said City for a map of the boundaries of said
26 district, a description of the type of improvement, an estimated cost of the
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HESOU'TIO'i OF rnE'iTIO'i AD 10C';
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improvement, and il proposed assessment roll which Report and Assessment
District Map are hereby approved.
SECTION 2. It is the intention at said Mayor and Common Counci I to
order improvements within t.he district which improvements consist of, but are
not 1 imi ted to, the maintenance at landscaping and appur'tenant faci 1 it ies in
portions of the Easterly side of Pepper Linden Drive, the Southerly side of
Cajon Boulevard, in easement areas located adjacent to and Southeasterly of
the Southeasterly line of Tract No. 14503-1, the Retention Basin located in
Tract No. 14503-1 and in easements granted for landscape maintenance purposes
on the recorded maps of Tracts 14503 and 14503-1.
The estimated cost of t.he first years maintenance, including incident.al costs
is $25,043.
SECTION 3. Said contempldt.ed work and improvement is of more than
10Cill or ordinilry public benefit, and that said Mayor and Common Council do
hereby make the expense of such work and improvement chargeable upon thc
district, whi eh district IS hereby dec I ared to be the distri ct. beneri t.ed by
said pr'oposed work and improvement, and t.o be assessed to pay the cost and
expense thereof. All public st.reets or dlleys, or portions thereof, hereby
are excepted from said assessment.
SECTION 4. The assessment. benefit procedure to be followed and
amount t.o be assessed against each particular parcel will be a proportion
the t.otal sum of the cost. of the maint.enance and incident.als within t.he
in relation to the number of single family units within the area of
boundaries of the assessment did.rict. Reference is hereby made to
the
of
area
the
said
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PESOLl.:T W"I OF HHENTlO"l AD Jon')
1 Engineer's Report on file in the office of the City Clerk for a detailed
2 estimated individual assessment.
3 SECTION 5. The assessment financing alternative to be followed shall
4 be as fa 11 ows, to-wit:
5 The cost of the maintenance shall be pre-funded by the City and the
6 assessment levied, collected and enforced in the same manner, at the samp
7 time, and with the same penalties and interest as in the case of taxes levied
8 for the City for the repayment to the City of said pre-funding.
9 The City shall recover interest on each year's pre-funding of cost of
10 maintenance of landscaping. Sa.id interest shall be at the average rate as the
11 City is receiving on other City funds during the period of expenditure.
12 The assessment for said district shall be made and collected as
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14 The costs of the maintenance contr'ad and incidentals wi 11 be
15 collected in perpetuity unl ess otherwise ter'minated by the City.
16 SECTION 6. That the City elects to proceed without Notice and Hearing
17 pursuant to Section 12.90.040C(5) of the Municipal Code as the request
18 represents IOOl of the property owners liable to be assessed for the
19 maintenance.
20 SECTION 7. A copy of this resolution and a map showing the exter'ior'
21 boundaries of the proposed improvement district with relation to the
22 terri tor'y immediately contiguous thereto and to the proposed improvement
23 will be on file with the City Clerk and will ue available for inspection by
24 any person or persons interested. This map shall govern for all details as
25 to the extent of the proposed improvement district.
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RESOU:T'O',- 0'" ]'O.T\TfO\ AD 10C-'
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor' cmd Common COllnci I 01 the City of San Bernardino at a re9_u_~~~__._____
3 meeting thereof, h"Jd on the ._.:!..~~_____. day of __oct"I><>-":....____.__. 19')1, by the
4 (0 II owing vote. to wi t :
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Council Members: AYES
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NAYS ABSTAIN
ABSENT
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ESTRADA X
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REILLY X -.--.-.---
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HERNANDEZ X ---------
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MAUDSLEY X
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MINOR X
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POPE-LUDLAM
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MILLER X
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D,~u- ~'-<.~
4,.,CHEL KRASNEY' ~--(r
City Clerk
The foregoing resol uti on is hereuy approved this
__~-.D('!'tohp-r
. 1991.
23rd
Approved as to
form and legal content:
.JAMES F. PENMAN,
City Attorney
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