HomeMy WebLinkAbout1989-215
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RESOL UT ION NO. 89-215
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A LANDSCAPING AND SEWER LIFT STATION MAINTENANCE
ASSESSMENT DISTRICT: DECLARING ITS INTENTION TO PROCEED TO ORDER
WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT
NO. 989, AND WAIVING NOTICE AND HEARING.
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 prov i de for the procedure for the forma ti on of
10 assessment districts within the City; and
11 WHEREAS, it has now become necessary to consider the
12 formation of a landscaping and sewer lift station maintenance
13 assessment district within the City, to be known as Assessment
14 District No. 989;
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 the
21 Mayor and Common Council to form Assessment District No. 989,
22 the boundaries of which are generally as follows:
23 Generally bounded on the North by Mill Street; bounded
24 on the South by the South 1 i ne of Tract No. 13457; bounded on
25 the West by the West line of Tract No. 13457 and bounded on the
26 East by the East line of Tract No. 13457 and Macy Street.
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RESOLUTION OF INTENTION AD989
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 Di stri ct
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 along the South side of Mill Street between Macy
Street and a point approximately 950 feet West thereof together
with the maintenance of a sewer lift station located near the
South line of Tract No. 13457 at Macy Street.
The estimated cost of said maintenance, including
incidental costs is $5,956.00.
SECTION 3. Said contemplated work and improvements is of
more than local or ordinary public benefit, and that said Mayor
and Common Counci 1 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 benefi t procedure to be fol-
lowed and the amount to be assessed against each particular
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RESOLUTION OF INTENTION AD989
parcel will be a proportion of the total sum of the cost of the
maintenance and incidentals within the area in relation to the
number of parcels 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 wi th the same penal ties 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 the cost of maintenance of landscaping and the
sewer lift station. Said interest shall be at the average rate
as the City is receiving on other City funds during the period
of expendi ture.
The assessment for said district shall be made and
collected as follows:
The costs of the maintenance contract and incidentals
will be collected in perpituity unless otherwise terminated by
the City.
SECT ION 6. Tha t the Ci ty el ects to proceed wi thout
Notice and Hearing pursuant to Section 12.90.040C(5) of the
Municipal Code as the request represents 100% of the property
owners liable to be assessed for the maintenance.
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RESOLUTION OF INTENTION AD989
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SECTION 7. A copy of this resolution and a map showin9
2 the exterior boundaries of the proposed improvement district
3 with relation to the territory immediately contiguous thereto
4 and to the proposed improvement will be on file wi th the City
5 Clerk and will be avai lable for inspection by any person or
6 persons interested. This map shall govern for all details as to
the extent of the proposed improvement district.
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20 day of
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Counci 1 of the City of San
regular
Bernardi no at aj meeti ng thereof, held on the
1 Q+h
day
of
.1nn,:.
, 1989, by the following vote, to wit:
AYES: Council Members
Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
None
June
The foregoi ng
I~
L~,(J,t
resolution is here y
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Approved as to form
and legal content:
James F. Penman
25 Ci ty A torney
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By: