HomeMy WebLinkAbout1986-263
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86-263
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT,
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
DISTRICT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 974, AND
WAIVING NOTICE AND HEARING.
WHEREAS, the City of San Bernardino hereafter called
8 ("City") as an exercise of its municipal affairs powers has
9 enacted an Assessment District Ordinance (Municipal Code Chapter
10 12.90) to provide for the procedure for the formation of
11 assessment districts within the City; and
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WHEREAS, it has now become necessary to consider the
13 formation of a landscape maintenance assessment district within
14 the City, to be known as "Assessment District No. 974";
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
16 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
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SECTION 1.
Pursuant to Chapter 12.90 of the San
18 Bernardino Municipal Code, the Mayor and Common Council of said
19 City, hereby preliminarily find and determine that the public
20 convenience and necessity require, and it is the intention of
21 the Mayor and Common Council to form Assessment District No.
22 974, the boundaries of which are generally, as follows: bounded
23 on the North by Rialto Avenue; on the South by the A.T. & S.F.
24 Railroad right-of-way; on the East by a line approximately 256
25 feet West of the centerline of Pepper Avenue; on the West by a
26 line which is approximately 525 feet East of the centerline of
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Eucalyptus Avenue.
Reference is hereby made to the Engineer's
28 Report on file in the office of the City Clerk of said City for
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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 a portion of
the South side of Rialto Avenue between a point approximately
525 feet East of the centerline of Eucalyptus Avenue and a point
approximately 256 feet West of the centerline of Pepper Avenue.
The estimated cost of said maintenance, including
incidental costs is $4,000.00 for the first year and is
estimated at $2,385.00 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 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
thereof, hereby are excepted from said assessment.
SECTION 4. The assessment benefit procedure to be fol-
lowed and the amount to be assessed against each particular
parcel will be a proportion of the total sum of the cost of the
maintenance, incidentals and interest within the area in
relation to the number of single family residences within the
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1 district. Reference is hereby made to said Engineer's Report on
2 file in the office of the City Clerk for a detailed estimated
3 individual assessment.
4 SECTION 5. The assessment financing alternative to be
5 followed shall be as follows, to-wit:
6 The cost of the maintenance shall be pre-funded by the City
7 and the assessment levied, collected and enforced in the same
8 manner, at the same time, and with the same penalties and interest
9 as in the case of taxes levied for the City for the repayment to
10 the City of said pre-funding.
1] The City shall recover interest on each year's pre-funding of
]2 cost maintenance of landscaping. Said interest shall be at the
]3 average rate as the City is receiving on other City funds during
]4 the period of expenditure.
]5 The assessment for said district shall be made and collected
]6 as follows:
17 The costs of the maintenance contract and incidentals will be
]8 collected in perpituity unless otherwise terminated by the City.
19 SECTION 6. That the City elects to proceed without Notice
20 and Hearing pursuant to section 12.90.040C(5l of the Municipal
21 Code, because the consent of all affected landowners has been
22 received.
23 SECTION 7. A copy of this resolution and a map showing the
24 exterior boundaries of the proposed improvement district with
25 relation to the territory immediately contiguous thereto and to
26 the proposed improvement will be on file with the City Clerk and
27 will be available for inspection by any person or
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1 persons interested. This map shall govern for all details as to
2 the extent of the proposed improvement district.
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I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
Bernardino at a/lii~~'iHI~ thereof, held on the
7th
day of
July
, 1986 by the following vote, to wit:
AYES:
Council Members
Reilly, Hernandez, Marks,
Ouiel, Strickler
NAYS:
None
ABSENT:
Council Members Estrada, Frazier
day of
~<<C~
The foregoing resolution is hereby approved this locL
, 1986.
Approved as to form:
~~/fI2;<:v
C~ty ~~ney
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