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87-365
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERM IN ING THAT PUBL IC CONVEN IENCE AND NECESS ITY REQUIRE THE
FORMATION OF A LANDSCAPE MAINTENANCE ASSESSIHNT DISTRICT:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
DISTRICT, TO BE KNOW AS "ASSESSMENT DISTRICT NO. 981, AND
WAIVING NOTICE AND HEARING.
WHEREAS, the City of San Bernardino hereafter 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, 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. 981";
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE 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 thatthe public
convenience and necessity require and it is the intention of the
Mayor and Common Council to form Assessment District No. 981,
the boundaries of which are generally, as follows: generally
bounded on the North by Esperanza Street; bounded on the South
by a line which is approximately 330 feet North of the
centerline of Randall Avenue; bounded on the West by the
centerline of Meridian Avenue and bounded on the East by the
East line, prolonged, of Tract No. 13331
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Reference is hereby made to the Engineer's Report 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 appurtenant facilities in the East side of
Meridian Avenue generally between a line which is approximately
330 feet North of the centerline of Randall Avenue and the North
line of Esperanza Street and in the drainage area located on the
North side of Pleasant Way between Meridian Avenue and a point
approximately 400 feet East thereof.
The estimated cost of said maintenance, including
incidental costs is $8,141.00 for subsequent years.
SECTION 3. Said contemplated work and improvements is of
more than local or ordinary public benefit, and that said Mayor
and Common Counci 1 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
thereof, hereby are excepted from said assessment.
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SECTION 4.
The assessment benefi t procedure to be
followed and the amount to be assessed against each particular
parcel will be a proportion of the total sum of the cost of said
maintenance and incidentals within the area in relation to the
number of single family residences within the boundaries of the
assessment district.
Reference 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
Ci ty 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.
The costs of the maintenance contract and incidental s
will be collected in perpituity 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 100% of the property
owners liable to be assessed for the maintenance.
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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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
regular
Bernardino at aAmeeting thereof, held on the
5th
day of
October
, 1987 by the following vote, to wit:
AYE S: Co u n c i 1 Me m b e r s Reilly, Flores, Maudsley, Minor,
Pone-Ludlam
NAYS:
None
ABSENT:
Council Members Estrada, Miller
c~d~d~:1uA
-' City Clerk
The foregoing resolution is hereby approved this
/
7c>0
day of
, 1987.
October
7
':~l~i~? ,~j )?/[/L(r/
Mayor 0 the Clty 0 San Bernardlno
Approved as to form
anA legal content:
. I
,/ ~
. /!a>z
C ty Attorney
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