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HomeMy WebLinkAbout1987-364 RESOLUTION NO. 87-364 1 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE 2 AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE BOUNDAR IES THEREOF TO INCLUDE ADDITIONAL 3 TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND 4 WAIVING NOTICE AND HEARING. 5 WHEREAS, the City of San Bernardino (hereinafter called 6 "City") as an exercise of its municipal affairs powers has 7 enacted an Assessment District Ordinance (Municipal Code 8 Chapter 12.90) to provide for the procedure for the formation 9 of assessment districts within the City; and 10 WHEREAS, pursuant to said Municipal Code Chapter 12.90, 11 the Ci ty of San Berna rdi no, by Resol uti on No. 87-8 ado p te d 12 January 5, 1987, created Assessment District No. 975 for the 13 maintenance of landscapin9 in the area of Mi 11 Street and 14 Pepper Avenue; and 15 WHEREAS, the Assessment District Boundary Map for said 16 Assessment District was recorded in the office of the County 17 Recorder of San Bernardino County on December II, 1986 in Book 18 40 of Assessments, page 16; and 19 WHEREAS, it has now become necessary to consider 20 amending the boundaries thereof by expanding same to include 21 additional territory therein and which additional territory 22 will share in the cost and expense of said maintenance; and 23 WHEREAS, the addition of said area to the boundaries of 24 the District,willnot increase the cost of assessment to the 25 properties presently within the boundaries of the existing 26 Di strict; 27 28 -8-87 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 the 24 25 26 27 28 9 8-87 SECTION 1. Pursuant to Chapter 12.90.060 of the San Bernardino Municipal Code, the Mayor and Common Council of said City, hereby preliminary find and determine that the public convenience and necessity require, and it is the intention of the Mayor and Common Counci 1 to amend the boundaries of Assessment District No. 975, by the expansion thereof to include additional territory, the boundaries of said additional area aregenerally, as follows: generally bounded on the North by the North line of Tract No. 13490 and the centerline of Mill Street respectively; bounded on the South by the North line of Tract No. 11882; bounded on the East by the centerl ine of Pepper Avenue and bounded on the West by the centerline of Eucalyptus Avenue. Reference is hereby made to a map on file in the offi ce of the City Clerk of said City delineating thereon the proposed amended boundaries of said Assessment District No. 975, which Amended Assessment District Map is hereby approved, and to adopted December 8, 1986 Resolution of Intention No. 86-501, on file in the office of the City Clerk of said City for a description of the type of improvement, an estimated cost of improvement, the assessment benefi t procedure to be followed, the assessment financing alternative to be followed, for the method of collection of the assessment and for a proposed assesment roll for the original District, all of which 2 shall relate to and be binding upon the expanded District. 1 2 3 4 expansion thereof to include such additional area. 5 SECTION 3. Said contemplated work and improvements is 6 of more than local or ordinary public benefit, and that said 7 Mayor and Common Council do hereby make the expense of such 8 work and improvement chargeable upon the expanded di strict, 9 which expanded district is hereby declared to be the district 10 benefited by said proposed work and improvement, and to be 11 assessed to pay the cost and expense thereof. All publ i c SECTION 2. It is the intention of said Mayor and Common Council to order the amendment of boundaries by the 12 streets or alleys, or portions thereof, hereby are excepted 13 from said assessment. 14 SECTION 4. That the City elects to proceed without 15 Notice and Hearing pursuant to Section 12.90.040C(5) of the 16 Municipal Code as the request to expand the boundaries of the 17 existing Dhtrict represents 100% of the property owners liable 18 to be assessed for the said maintenance. SECTION 5. A copy of this resolution and a map showing 19 20 21 the exterior boundaries of the proposed amended boundaries of the territory i mmedi a tel y relation district with the to 22 contiguous thereto will be on file with the City Clerk and 23 will be available for inspection by any person or persons 24 interested. This map shall govern for all details as to the 25 extent of the proposed amended improvement district. 26 27 28 * * * * * * * * * 8-87 3 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a regular meeting thereof, held 4 on the 5th October day of 1987, by the 5 following vote, to wit: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Counci 1 Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam None NAYS: ABSENT: Council Members Estrada, Miller ~/.M'fldL3-1h /' City C erk The foregoi ng resol uti on is hereby approved thi s 7ttG day of Oc tober , 1987. ~~ lJYq/ Mayor 0 the C,ty of San Bernardino Approved as to form an legal content: .~ -8-87 4