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RESOLUTION NO.
87_1RR
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERM INING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 976 BY
EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL
TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED
TO ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND
WAIVING NOTICE AND HEARING.
WHEREAS, the City of San Bernardino (hereinafter called
"City") as an exercise of its municipal affairs powers has
8 enacted an Assessment District Ordinance (Municipal Code
9 Chapter 12.90) to provide a procedure for the formation of
10 assessment districts within the City; and
11 WHEREAS, pursuant to said Municipal Code Section 12.90,
12 the City of San Bernardino, by Resolution No. 86-341 adopted
13 AU9ust 19,1986, created Assessment District No. 976 for the
14 maintenance of landscapin9 in the area of Pine Avenue and
15 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 August 7, 1986 in Book 39
19 of Assessments, page 22; and
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WHEREAS, pursuant to said Municipal Code Section
21 12.90.060, the City of San Bernardino, by Resolution No. 87-9
22 adopted January 5, 1987, expanded the boundaries of Assessment
23 District No. 976 to include additional territory within the
24 boundaries of the District; and
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WHEREAS, the amended Assessment District Boundary Map
26 for said expanded Assessment District was recorded in the
27 office of the County Recorder of San Bernardino County on
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1 December II, 1986 in Book 40 of Assessments, page 18; and
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WHEREAS, it has now become necessary to consi der
3 amending the boundaries thereof by expanding same to include
4 additional territory therein and which additional territory
5 will share in the cost and expense of said maintenance; and
6 WHEREAS, the addition of said area to the boundaries of
7 the District,willnot increase the cost of assessment to the
8 properties presently within the boundaries of the existing
9 District;
10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
11 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
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SECT ION 1.
Pursuant to Section 12.90.060 of the San
13 Bernardino Municipal Code, the Mayor and Common Council of said
14 City, hereby preliminary find and determine that the public
15 convenience and necessity require, and it is the intention of
16 the Mayor and Common Counci 1 to amend the boundaries of
17 Assessment Di stri ct No. 976, by the expansi on thereof to
18 include additional territory, the boundaries of said additional
19 area aregenerally, as follows:
20 Bounded on the West by Walnut Avenue; on the East by the City
21 of San Bernardino's Devil's Canyon Water Reserve; on the North
22 by Ohio Avenue and the most Northerly point of Tract No. 13436;
23 on the South by Belmont Avenue.
24 Reference is hereby made to a map on file in the office
25 of the City Clerk of said City delineating thereon the proposed
26 amended boundaries of said Assessment District No. 976, which
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1 Amended Assessment District Map is hereby approved, and to
2 Resol ution of Intention No. 86-322, adopted August 4, 1986 on
3 file in the office of the City Clerk of said City for a
4 description of the type of improvement, an estimated cost of
5 the improvement, the assessment benefit procedure to be
6 followed, the assessment financing alternative to be followed,
7 for the method of collection of the assessment and for a
8 proposed assesment roll for the original District, all of which
9 shall relate to and be binding upon the expanded District.
10 SECTION 2. It is the intention of said Mayor and
11 Common Council to order the amendment of boundaries by the
12 expansion thereof to include such additional area.
13 SECTION 3. Said contemplated work and improvements is
14 of more than local or ordinary publ ic benefit, and that said
15 Mayor and Common Counci 1 do hereby make the expense of such
16 work and improvement chargeable upon the expanded district,
17 which expanded district is hereby declared to be the district
18 benefi ted by said proposed work and improvement, and to be
19 assessed to pay the cost and expense thereof. All publ i c
20 streets or alleys, or portions thereof,@hereby are excepted
21 from sai d 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 Municipal Code as the request to expand the boundaries of the
25 existing District represents 100% of the property owners liable
26 to be assessed for the said maintenance.
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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.
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1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Counci 1 of the Ci ty of San
3 Bernardino at a
4 on the
2nd
day of
5 following vote, to wit:
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regular
meeting thereof, held
November
19B7, by the
AYES: Counci 1 Members__'::.::.~~~':.:_~..!;lly, Flores, Maudsley,
Minor, Miller
NAYS:
None
Council Member Pope-Ludlam
ABSENT:
~t::1v
The foregoing resolution is hereby approved this
day of
Approved as to form
and legal content:
C{/~~)
0-20-87
November
, 1987.
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