HomeMy WebLinkAbout1987-140
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RESOLUTION NO. R7 140
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
3 AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 962 BY
EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL TERRITORY
4 IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE
AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND
5 HEARING.
6 WHEREAS, the City of San Bernardino (hereinafter called
7 "City") as an exercise of its municipal affairs powers has
8 enacted an Assessment District Ordinance (Municipal Code Chapter
9 12.90) to provide for the procedure for the formation of
10 assessment districts within the City; and
11 WHEREAS, pursuant to said Municipal Code Chapter 12.90,
12 the City of San Bernardino, by Resolution No. 84-523 adopted
13 December 17, 1984, created Assessment District No. 962 for the
14 maintenance of a sewer lift station in the area of Pine Avenue
15 and Belmont Avenue; and
16 WHEREAS, the Assessment District Boundary Map for said
17 Assessment District was recorded in the office of the County
18 Recorder of San Bernardino County on November 26, 1984 in Book
19 31 of Assessments, page 44; and
20 WHEREAS, pursuant to said Municipal Code Chapter
21 12.90.060, the City of San Bernardino, by Resolution No. 87-7
22 adopted January 5, 1987, expanded the boundaries of Assessment
23 District No. 962 to include additional territory within the
24 boundaries of the District; and
25 WHEREAS, the amended Assessment District Boundary Map
26 for said expanded Assessment District was recorded in the office
27 of the County Recorder of San Bernardino County on December 11,
28 1986 in Book 40 of Assessments, page 17; and
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1 WHEREAS, it has now become necessary to consider
2 amending the boundaries thereof by expanding same to include
3 additional territory therein and which additional territory
4 will share in the cost and expense of said maintenance; and
5 WHEREAS, the addition of said area to the boundaries of
6 the District, will not increase the cost of assessment to the
7 properties presently within the boundaries of the existing
8 District;
9 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
11
SECTION 1. Pursuant to Chapter 12.90.060 of the San
12 Bernardino Municipal Code, the Mayor and Common Council of said
13 City, hereby preliminarily find and determine that the public
14 convenience and necessity require, and it is the intention of
15 the Mayor and Common Council to amend the boundaries of
16 Assessment District No. 962, by the expansion thereof to include
17 additional territory, the boundaries of said additional area
18 are generally, as follows:
19 Bounded on the East by the Westerly line of the City
of San Bernardino's Devils Canyon Water Reserve; on
20 the West by the Westerly line of Tract No. 13436;
on the North by the Northerly line of said Tract No.
21 13436; on the South by the Southerly line of said
Tract No. 13436 and the centerline of Belmont Avenue.
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Reference is hereby made to a map on file in the office
of the City Clerk of said City delineating thereon the proposed
amended boundaries of said Assessment District No. 962, which
Amended Assessment District Map is hereby approved, and to
Resolution of Intention No. 84-487, adopted November 19, 1984,
on file in the office of the City Clerk of said City for a
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1 description of the type of improvement, an estimated cost of
2 the improvement, the assessment benefit procedure to be
3 followed, the assessment financing alternative to be followed,
4 for the method of collection of the assessment and for a
5 proposed assessment roll for the original District, all of which
6 shall relate to and be binding upon the expanded District.
7 SECTION 2. It is the intention of said Mayor and
8 Common Council to order the amendment of boundaries by the
9 expansion thereof to include such additional area.
10 SECTION 3. Said contemplated work and improvements is
11 of more than local or ordinary public benefit, and that said
12 Mayor and Common Council do hereby make the expense of such
13 work and improvement chargeable upon the expanded district,
14 which expanded district is hereby declared to be the district
15 benefited by said proposed work and improvement, and to be
16 assessed to pay the cost and expense thereof. All public
17 streets or alleys, or portions thereof, thereby are excepted
18 from said assessment.
19 SECTION 4. That the City elects to proceed without
20 Notice and Hearing pursuant to Section 12.90.040C(5) of the
21 Municipal Code as the request to expand the boundaries of the
22 existing District represents 100% of the property owners liable
23 to be assessed for the said maintenance.
24 SECTION 5. A copy of this resolution and a map showing
25 the exterior boundaries of the proposed amended boundaries of
26 the district with relation to the territory immediately
27 contiguous thereto will be on file with the City Clerk and
28 will be available for inspection by any person or persons
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1 interested. This map shall govern for all details as to the
2 extent of the proposed amended improvement district.
3
I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Counci 1 of the City of San
5 Bernardino at an adjourned regular
meeting thereof, held
6 on the 11th
day of
May
, 1987, by the
7 following vote, to-wit:
AYES:
Council Members F.~trnnn, Flnrp.s. Maudsley.
Qlli(;\' .
1O'T"';:<i'7ic.r
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NAYS:
Non~
ABSENT:
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The foregoing resolution is hereby approved this
/S6Cday of
May
pproved as to form:
,,/
ity A torney
/21/87
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