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HomeMy WebLinkAbout28-Public Works ~ITY OF SAN BERkARDINO ~EQUEST ..~~e ~O~~~;7L ACTION ~. - '~"-. -- .. - Sul'ljlii:'t: . Resolution of Intention, Amend -,IIoundaries: Assessment District -975 (Mill & Pepper Area Lndscp Maint. Distr.) From: ROGER G. HARDGRAVE, Director ; . ". Dept: Public Works/Engineering Date: March 26, 1990 Synopsis of Previous Council action: 02-05-90 --- Authorization to proceed granted by motion. Recommended motion: Adopt Resolution. cc: Marshall Julian, City Administrator Andrew Greene, Director of Finance Jim Penman, City Attorney Jim Richardson, Deputy City Admin./Dev. f/ Verne Nadeau 384-5026 Contact person: Phone: Supporting data attached: Staff Report, Map 3 Ward: FUNDING REQUIREMENTS: Amount: $3,000.00 Source: (Acct. No.) 251-649-53925 Acct. Descri tion from up-front monies deposited by petitioners. Assess. Distr. 97c, To be paid Finance: ~o.J ()...L-" :ouncil Notes: -.<:. n..,"'? Aaenda Item NO_~ CITY OF SAN BER~_..RDINO - REQUEST ~ JR COUNCIL ACTION STAFF REPORT This action is the result of a request of the deve 1 opers of Tract No. ]]953 in response to the requirement of the City to est"blish an assessment district for the mmintenance of landscaping along portion~' of the West side of Eucal)~tus Avenue, South of Mill Street. This "rea adjoins the existing Landscaping i''iaiut.enance Dist.ri cl No. 975 and it woul d be appropriate to expand the existing district rather than create a new one. The purpose of the act.ion is to preliminarily determillP that the public convenience and necessi ty require the amendment of boundaries of Assessment District No. 975 by expanding the boundaries ther'cof to include additionml territory in tbe District; declaring the iutention to proceed to order tbe amendment and expansion of the District and waiving ~otice aud HRaring. 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I- , . 1 RESOLUTIO~ NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF 3 ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE EOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; DECLAlIlNG ITS INTENTION TO PROCEED TO 4 ORDER THE AMENDMENT AND EXPANSION Of THE DISTRICT; AND WAIVING NOTICE AND HEARING. 5 6 WHEREAS, the City of San Rernar'dino (hereinafter called "City") as an 7 exercise of its municipal nffairs powers has enacted an Assessment District 8 Ordinance (Muni~ipal Code Chapler 12.90) to provide a procedure for the 9 fonnation of assessment districts within the City; and 10 11 12 13 14 15 WHEREAS, pursuant to said Municipal Code Chapter 12.90, the City of San Bernardino, by Resolution No. 87-8 adopted January 5, 1987, created Assessment District No. 975 for the maintenance of lands~aping in the area of Mill Street and Pepper Avenue; and WHEREAS, the Assessment District Boundary Map for said Assessment 16 District was recorded in the office of the County Recorder of San Bernardino 17 County on December 11, 1'.186, in Book 40 of Assessments, page 16; and 18 WHEREAS, pursuant to said Municipiil Code Chapter 12.90, the City of 19 San Bernardino, by Resolution No. B7-407 adopted November 11, 1 <JB7 expanded 20 Assessment District No. 975 to include additional area into the Assessment 21 District; and 22 WHEREAS, the AmendE>Cl Assessment Distr'ict Boundary ~lilp for said 25 26 27 28 Amended Assessment of San R3ernardino 12; and / / / / / / / / / / / / 3-26-90 RESOLUTION EATANDING BOUNDARIES AD 975 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 wHEREAS, it has now become necessary to consider amending the boundaries thereof by expanding same to include additional territory therein and which additional territory will share in the cost and expense of said maintenance; and wllEREAS, the addition of said area to the boundades of the District, will not increase the cost of assessment to the properties presently within the boundaries of the existing District; NO\\', THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMM01\ COUNCIL OF THE CITY OF SAN BERNARDINO THAT: SECTION 1. Pursuant to Section 12.90.060 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 amend the boundaries of Assessment District No. 975, by the expansion thereof to include additional territory, the boundaries of said additiunal ar-ea an' generally as follows: Bounded on the West by the West 1 ine of Tr-act No. 13953; on the Eitst by Eucalyptus Avenue; on the North by the North line of Tract 1\0. 13953; on the South by the South 1 ine of Tritct No. 13953. Reference is hereby made to a map on file in the uffice of the City Clerk of said City delineating thereon the proposed amended J,oundaries of sai d Assessment Distri ct No. 975, whi ch Amended Assessment Distri ct roap is hereby approved, and to Resolution of Intention No. 86-501, adopted December 8, 1986, on file in the uffice of the City Clerk of saiLl City for a description of the type of improvement, an estimated cost of the improvement, the a.ssessment benefit procedure to be io 11 owed, the assessment f j HdIle ing :1- 26-90 2 RESOLUTION EXPANDING BOUNDARIES AD 975 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 alternative to be followed, tor the method of collection of the assessment and for a proposed assesment rol j for the original Distr-ict, ill 1 of which shall relate to and be binding upon the expanded District. SECTION :2. It is the intent ion of said ~layor and Common Counel 1 to order the amendment of boundaries by the expansion thereof to include such additional area. SECTION :1. Said contemplated wnr-k and improvements is of more than local or ordinary public benefit, and that said Mayor and Common Counell do hereby make the expense of such work and improvement chargeable upon the expanded district, which expanded 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 publ ic streets or alleys, or por-tions thereot, hereby are excepted from said assessment. SECTION 4. That the City elects to proceed without Notice and Hearing pursuant to Section 1:2.90.040C(5) of the Municipal Code as the request to expand the boundaries of the existing District represents 100% of the property owners liable to be i1ssessed for the said maintenilnce. SECTION 5. A copy of this resolution and a map showing the exterior- boundaries of the proposed amended boundaries of the district with n.Jiltion to the terr-i tory immediate ly contiguous thereto wi 11 be on f i 1 e with the City Clerk and will be avai lilbl e for inspection by any person or persons interested. This map shall govern for all detili Is as to the extent of the proposed amended improvement district. III III ]-26-90 ] 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 EXPANDING BOUNDARIES AD 975 I HEREBY CERTIFY that the loregoing resoluti<lll was duly adopted by the Mayor and Common Counel I of the City of San Bernanlino at a meeting thereof, held on the day of , 1990, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk of The foregoing resolution is hereby approved this , 1990. day W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney fP~ ]-26-90 4