HomeMy WebLinkAbout1989-143
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RESOLUTION NO.
89-143
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
3 FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT:
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
4 DISTRICT. TO BE KNOWN AS ASSESSMENT DISTRICT NO. 9B6. AND
WAIVING NOTICE AND HEARING.
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WHEREAS. the City of San Bernardino (hereinafter called
7 "City") as an exercise of its municipal affairs powers has
8 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 consi der the
12 formation of a landscape maintenance assessment district within
13 the Ci ty. to be known as Assessment Di stri ct No. 986;
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NOW. THEREFORE. BE IT RESOLVED BY THE MAYOR AND COMMON
15 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
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SECTION 1.
Pursuant to Chapter 12.90 of the San
17 Bernardino Municipal Code. the Mayor and Common Council of said
18 City hereby preliminarily find and determine that the public
19 convenience and necessity require and it is the intention of the
20 Mayor and Common Council to form Assessment Di stri ct No. 986.
21 the boundaries of which are generally as follows:
22 Generally bounded on the East by the East line of Tract
23 No. 14235. bounded on the West by the West 1 i ne of Tract No.
24 13532. bounded on the South by the South lines of Tracts No.
25 14235 and 13532. bounded on the North by the centerl i ne of
26 Ria 1 to A v e n u e .
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RESOLUTION OF 'INTENTION AD986
Reference is hereby made to the Engineer's Report on file
in the office of the City Clerk of said City for 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 on the South side of Rialto Avenue between the
West line of Tract No. 13532 and the East line of Tract No.
14235 together with the maintenance of landscapin9 and
appurtenant facilities in the Retention Basin located near the
Southeast corner of Tract No. 14235.
The estimated cost of said maintenance, including
incidental costs is $19,873.00.
SECTION 3. Said contemplated work and improvements is of
more than local or ordi nary public benefi t, 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.
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RESOLUTION OF INTENTION AD986
SECTION 4. The assessment benefit procedure to be fol-
lowed and the amount to be assessed against each particular
parcel wi 11 be a proportion of the total sum of the cost of the
maintenance and incidentals within the area in relation to the
number of single family residences within the district.
Reference is hereby made to said Engineer's Report on file in
the office of the City Clerk for a detailed estimated individual
assessment.
SECTION 5. The assessment financing alternative to be
followed shall be as follows. to-wit:
The cost of the maintenance shall be pre-funded by the
City and the assessment levied. collected and enforced in the
same manner. at the same time. and with the same penalties and
interest as in the case of taxes levied for the City for the
repayment to the City of said pre-funding.
The City shall recover interest on each year's
pre-funding of cost maintenance of landscaping. Said interest
shall be at the average rate as the City is receiving on other
City funds during the period of expenditure.
The assessment for said district shall be made and
collected as follows: The cost of the maintenance contract.
energy costs and incidentals will be collected inperpetuity
unless otherwise terminated by the City.
The cost of the maintenance shall be pre-funded by the
City and the assessment levied. collected and enforced in the
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RESOLUTION OF INTENTION AD986
1 same manner, at the same time, and with the same penalties and
2 interest as in the case of taxes levied for the City for the
3 repayment to the City of said pre-funding.
4 SECTION 6. That the City elects to proceed without
5 Notice and Hearing pursuant to Section 12.90.040C(5) of the
6 Municipal Code as the request represents 100% of the property
7 owners liable to be assessed for the maintenance.
8 SECTION 7. A copy of this resolution and a map showing
9 the exterior boundaries of the proposed improvement district
10' with relation to the territory immediately contiguous thereto
11 and to the proposed improvement will be on file with the City
12 Clerk and will be available for inspection by any person or
13 persons interested. Thi s map shall govern for all detai 1 s as to
14 the extent of the proposed improvement district.
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4- 4-89
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RESOLUTION OF INTENTION AD986
1 I HEREBY CERT IFY tha t the foregoi ng resol uti on was duly
2 adopted by the Mayor and Common Council of the City of San
regular
3 Bernardino at a/meeting thereof, held on the 15th day
4 of
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day of
May
, 1989, by the foll ow i ng vote, to wit:
AYES: Council Members
Estrada, Flores, Maudsley
Minor. Pope-Ludlam
NA YS:
ABSENT:
None
Council Members Reilly, Miller
/~~<<11f1~/
The foregoing resolution is hereby approved this litL
May
Approved as to form
and legal content:
James F. Penman
City Attorney
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