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Home My WebLink About1987-363 '" 1 2 3 4 5 6 7 8 RESOLUTION NO. 87-363 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOW AS "ASSESSMENT DISTRICT NO. 969, 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 9 12.90) to provide for the procedure for the formation of 10 assessment districts within the City; and 11 WHEREAS, it has now become necessary to consider the 12 formation of a landscaping maintenance assessment district 13 within the City, to be known as "Assessment District No. 969"; 14 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 15 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 16 17 18 19 20 21 22 23 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 Di strict No. 969, the boundaries of which are generally, as follows: generally , is bounded on the East by the Easterly line of Tracts No. 10184 and 10183, bounded on the West by the Westerly line of Tract No. 24 10181, bounded on the North by the centerline of Irvington 25 Avenue and bounded on the South by the Northerly line of the 26 Cable Creek Flood Control Channel. 27 2~ B-87 1 Reference is hereby made to the Engineer's Report on file in the 2 office of the City Clerk of said City for a map of the 3 boundari es of sa i d di stri ct, a de scri pti on of the type of 4 improvement, an estimated cost of the improvement and a proposed 5 assessment roll which Report and Assessment District Map are 6 hereby approved. 7 SECTION 2. It is the intention of said Mayor and Common 8 Council to order improvements within the district which 9 improvements consist of, but are not limited to, the 10 maintenance of landscaping and all appurtenant facilities in 11 the South side of Irvington Avenue between the East line of 12 Tract No. 10184 and the West line of tract 10181 and in portions 13 of the East side of Olive Avenue between the North line of the 14 Cable Creek Channel and a point approximately 270 feet North 15 thereof. 16 The estimated cost of said maintenance, including 17 incidental costs is $4,508.00 for sUbsequent years. 18 SECTION 3. Said contemplated work and improvements is of 19 more than local or ordinary public benefit, and that said Mayor 20 and Common Counci 1 do hereby make the expense of such work and 21 improvement chargeable upon the district, which district is 22 hereby declared to be the district benefited by said proposed 23 work and improvement, and to be assessed to pay the cost and 24 expense thereof. All public Streets or alleys, or portions 25 thereof, hereby are excepted from said assessment. 26 27 28 -8-87 2 1 SECTION 4. The assessment benefit procedure to be fol- 2 lowed and the amount to be assessed against each particular 3 parcel will be a proportion of the total sum of the cost of the 4 maintenance and incidentals within the area in relation to the 5 number of single family residences included within the 6 boundaries of the district. Reference is hereby made to said 7 Engineer's Report on file in the office of the City Clerk for a 8 detailed estimated individual assessment. 9 SECTION 5. The assessment financing alternative to be ]0 followed shall be as follows, to-wit: ]] The cost of the maintenance shall be pre-funded by the ]2 Ci ty and the assessment levied, collected and enforced in the ]3 same manner, at the same time, and with the same penalties and 14 interest as in the case of taxes levied for the City for the 15 repayment to the City of said pre-funding. ]6 The City shall recover interest on each year's ]7 pre-funding of cost maintenance of landscaping. Said interest ]8 shall be at the average rate as the City is receiving on other ]9 City funds during the period of expenditure. 20 The costs of the maintenance contract and incidentals 21 will be collected in perpituity unless otherwise terminated by 22 the Ci ty. 23 SECTION 6. That the City elects to proceed without 24 Not ice and He a r i n g pur sua n t to S e c t ion 1 2.90.040 C ( 5) 0 f the 25 Municipal Code as the request represents 100% of the property 26 owners liable to be assessed for the maintenance. 27 28 9 8-87 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 SECTION 7. A copy of this resolution and a map showing 2 the exterior boundaries of the proposed improvement district 3 with relation to the territory immediately contiguous thereto 4 and to the proposed improvement wi 11 be on file with the Ci ty 5 Clerk and will be available for inspection by any person or 6 persons interested. This map shall govern for all details as to 7 the extent of the proposed improvement district. 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council regular Bernardino at al\meeting thereof, held on the of the City of San 5th day of ~_ Oi'tober , 1987 by the following vote, to wit: AYES: Counci 1 Members Reillv. Flores. Maudslev~ Minor. Pone-Ludlam NAYS: None ABSENT: Council Members Estrada. Miller ~/~/~~ ./ City Clerk The foregoing resolution is hereby approved this 7~ day of October , 1987. ~~71~ Mayor 0 . e Clty of San Bernardino Approved as to form and legal content: 1. J/~ Attorney L .-e ty 27 rJ 28 -8-87 4 . / I \ SAN ., ," / ~,. . \ \ -'.f~:o.. -,./ ;~' ------ "- ------ ~ , , i- ~ .s .. .f , - "'-, ~, "./'w ,~ , ) BERNARDINO \ \ 0' "+~', , , '--,J bl..__ c..?-...--.-., - < " ,/ 1 0_- ~1~ c.0/ \ \ I. "'- --- I' · ~, ~, , \ - . -.~.".".-""" ~~..~, ",~,\ r. -,":-..,,, ";-. . -.......... -.. -. ( UH , ,...#.....J' . \ "t- ..' ""~ ;:::-" . ......,.~~~,ON "(II'" '- . ~. ':"~ c NO $Ul.\.tl ,.~-..~ , J.. ,. , .. .c.---, ~4 , '-', 1'\ '. ,'''"- " ~...'. ~~., \ "'~. -, , I i a ~ IIl.U[ , "" ~YU'D:fT 1 ...-4.... 'IIlICT ~ .. .. t : fI . I . n .. i .. ~ I . . . I . . . . ....... ... ~ I 10 .. I I : i I I ! . i I, ~ . ... i -~ III; le.1 Iii .1 , sr- I I -- '\ I t 1 \ .. 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