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HomeMy WebLinkAbout1989-081 , 1 2 3 4 5 6 7 RESOLUTION NO. Ill) III RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF SCOPE AND BOUNDARIES OF ASSESSMENT DISTRICT NO. 982 BY EXPANDING THE BOUNDAR IES THEREOF TO INCLUDE ADDITIONAL TERRITORY IN THE DISTRICT; TO EXPAND THE SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND HEARING. 8 WHEREAS, the City of San Bernardino (hereinafter called 9 "City") as an exercise of its municipal affairs powers has 10 enacted an Assessment District Ordinance (Municipal Code 1] Chapter 12.90) to provide a procedure for the formation of 12 assessment districts within the City; and 13 WHEREAS, pursuant to said Municipal Code Chapter 12.90, 14 the City of San Bernardino, by Resolution No. 87-139 adopted 15 May 11, 1987 created Assessment District No. 982 for the 16 maintenance of landscaping in the Piedmont Drive Area; and 17 WHEREAS, the Assessment District Boundary Map for said 18 Assessment District was recorded in the office of the County 19 Recorder of San Bernardino County on April 9, 1987, in Book 42 20 of Assessments, page 18; and 21 WHEREAS, it has now become necessary to consider 22 amendi ng the boundari es and scope thereof by expandi ng same to 23 i nc1 ude addi ti ona 1 terri tory the rei nand whi ch addi ti ona 1 24 territory will share in the cost and expense of said 25 maintenance; and 26 27 28 2-27-89 . RESOLUTION EXPANDING BOUNDARIES AD 982 1 WHEREAS, the addition of said area and scope to the 2 boundaries of the District, will not increase the cost of 3 assessment to the properties presently within the boundaries of 4 the existing District; 5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 7 SECTION 1. Pursuant to Section 12.90.060 of the San 8 Bernardino Municipal Code, the Mayor and Common Council of said 9 City hereby preliminarily find and determine that the public 10 convenience and necessity require, and it is the intention of 11 the Mayor and Common Counci 1 to amend the boundaries and scope 12 of Assessment District No. 982, by the expansion thereof to 13 include the maintenance of a South facing slope between lots in 14 Tentative Tract No. 13470 and lots in existing Tract No. 8277 15 and include additional territory, the boundaries of said 16 additional area are generally as follows: 17 Bounded on the West by Tract No. 10015; on the East by 18 Tract No. 8277; on the South by Piedmont Drive; on the North by 19 vacant hillside. 20 Reference is hereby made to a map on file in the office 21 f the City Clerk of said City delineating thereon the proposed 22 mended boundaries of said Assessment District No. 982, which 23 mended Assessment District Map is hereby approved, and to 24 25 26 27 28 2-27-89 2 RESOLUTION EXPANDING BOUNDARIES AD982 ] Resol ution of Intention No. 87-114, adopted Apri 1 6, 1987, on 2 file in the office of the City Clerk of said City for a 3 description of the type of improvement, an estimated cost of 4 the improvement, the assessment benefi t procedure to be 5 followed, the assessment financing alternative to be followed, 6 for the method of collection of the assessment and for a 7 proposed assesment roll for the original District, all of which 8 shall relate to and be binding upon the expanded District. 9 SECTION 2. It is the intention of said Mayor and 10 Common Counci 1 to order the amendment of scope and boundaries 11 by the expansion thereof to include such additional maintenance ]2 and area. 13 SECTION 3. Said contemplated work and improvements is 14 of more than local or ordinary pUblic benefit, and that said 15 Mayor and Common Council do hereby make the expense of such 16 work and improvement chargeable upon the expanded di stri ct, 17 which expanded district is hereby declared to be the district 18 benefited by said proposed work and improvement, and to be 19 assessed to pay the cost and expense thereof. All public 20 streets or alleys, or portions thereof, hereby are excepted 2] from said assessment. 22 SECTION 4. That the City elects to proceed without 23 Notice and Hearing pursuant to Section 12.90.040C(5) of the 24 25 26 27 28 2-27-89 3 " 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 BOUNADRIES AD982 Municipal Code as the request to expand the boundaries of the existing District represents 100% of the property owners liable to be assessed for the said maintenance. SECTION 5. A copy of this resolution and a map showing the exterior boundaries of the proposed amended boundaries of the district with relation to the territory immediately contiguous thereto 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 amended improvement district. * * * * * * * * * 2-27-89 4 I . .. , RESOLUTION EXPANDING BOUNDARIES AD982 1 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 3 Bernardino at a 4 on the 20th day of March meeting thereof, held , 1989, by reqular 5 the following vote, to wit: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AYES: Council Members Estrada. Reillv. Flnrp" Maudslev. Minor. Pone-T,11dl~m_ MillPT NAYS: ABSENT: None None ~fJt The foregoi ng resol uti on is hereby approved thi s ..z/ ff day of ~lJ;:;' vlyn W cox, Mayor City of San Bernardino 21 22 23 24 Approved as to form and legal content: 25 26 27 28 2-27-89 5