HomeMy WebLinkAbout1990-481
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RESOLUTION NO. gO-lIg1. ___
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE
3 MAINTENANCE ASSESSMENT DISTRICT LOCATED IN THE PENNSYLVANIA AND BIRCH AREA:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
4 KNOWN AS ASSESSMENT DISTRICT NO. 1001, AND WAIVING NOTICE AND HEARING.
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WHEREAS, the City of San Bernardino (hereinafter called "City") as i1n
6 exercise of its municipal affairs powers has enacted an Assessment District
7 Ordinance (Municipal Code Chapter 12.90) to provide for the procedure fur the
8 formation of assessment districts within the City; and
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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. 1001;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
14 CITY OF SAN BERNARDINO THAT:
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SECTION i. 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 Mavor and Common Council to form Assessment District No.
1001, the boundaries of which are generally as follows:
21 Bounded on the North by the North line of Tract No. 14118, bounded on
22 the West by the West line of Tract No. 14118, bounded on the South by the
23 South line of Tract No. 14118 dnd bounded on the East by the centerline of
24 Pennsylvania Avenue.
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11-13-90
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Reference is hereb,' made to the Engineer's Rpport on file in the
office of the City Clerk of said City for a map of the boundaries of said
district, a description of the type of improvement, an estimated cost of the
improvement, and a proposed assessment roll which Report and Assessment
District Map are hereby approved.
SECTION 2. It is the intention of said Mayor and Common Council to
order improvements within the district which improvements consist of, but are
not limited to, the maintenance of landscaping and all appurtenant
facilities in portions of the West side of Pennsylvania Avenue between the
North and South boundaries of Tract No. 14118 and in the 60 foot wide
Southern California Edison Company right-of-way running through said Tract
No. 14118.
The estimated cost of said maintenance. including incidental costs
is $28,068.00.
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 work and improvement chargeable upon the
district, which district is hereby declared to be the district 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 ther'eot, bereby
are excepted from said assessment.
SECTION 4. The assessment benefit procedure to be followed and the
amount to be assessed against each particular parcel will be a proportional
share of the total sum of the cost of the maintenance and incidentals within
the area in relation to the number of parcels within the district. Reference
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PF',OLLTIOti or n;TENTIO~- AD lOr)'
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is hereby- made to said Engineer's Report on file in the office of the City
Clerk for a detailed estimated individual assessment.
SECTION 5, The assessment financing alternative to be followed shall
be as follows, to-wit:
The cost of the maintenance shall be pre-funded by the City and the
assessment levied, collected and enforced in the same manner, at the same
time, and with the same penalties and interest as in the case of taxes levied
for the City for the repayment to the City of said pre-funding.
The City shall recover interest on each year's pre-funding of cost
maintenance of landscaping. Said interest shall be at the average rate as the
City is receiving on other City funds during the period of expenditure.
Tbe assessment for said district shall be made and collected as
follows:
The cost of the maintenance contract and incidentals will be collected
in perpetuity unless otherwise terminated by the City.
SECTION 6. That the City elects to proceed without Notice and Hearing
pursuant to Section 12.90.040C(5) of the Municipal Code as the request
represents 1001. of the property owners liable to be assessed for the
maintenance.
SECTION 7. A copy of this resolution and a map showing the exterior
boundaries of the proposed improvement district with relation to the
territory immediately contiguous thereto and to the proposed improvement
will be 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 proposed improvement district.
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I hEREBY CERTIFl that: the foregoing resolution was duly adopted by the
Mayor and Common (ouncil of the City of San Bernardino at an _"9joUr!1ed_______
regular
meeting thereof, hr-]d on the 10th day of Dec".!Jlj:l_~L_ __ . 1990, by the
following vote, to wit:
Council Members:
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ESTRADA
7 REILLY
8 FLORES
9 MAUDSLEY
10 MINOR
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POPE-LUDLMl
12 MILLER
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AYES NAYS
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ABSTAIN ABSENT
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(;) __JoA ~:"".~1=-:
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The foregoing resolution is hereby approved this
Dece_mber . 1990.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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11-13-90
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City 0 San Bernardino
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