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RESOLUTION ,NO. 89-1?]
A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 982 BY
EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL
TERRITORY IN THE DISTRICT; TO EXPAND THE SCOPE THEREOF TO
INCLUDE THE MAINTENANCE OF LANDSCAPING OF ADDITIONAL TERRITORY
IN THE DISTRICT IN THE AREA OF PIEDMONT DRIVE; ORDERING THE
AMENDMENT AND EXPANSION OF THE BOUNDARIES AND SCOPE OF THE
DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND
LIMITATION ACT OF 1931 SHALL NOT APPLY AND APPROVING AMENDED
ASSESSMENT DISTRICT DIAGRAM MAP NO. 982.
WHEREAS, by Resolution No. 87-139 adopted May 11,
1987, the Mayor and Common Council of the City of San
Bernardino created Assessment Di strict No. 982 for the
maintenance of landscaping in the area of Piedmont Drive and
Citrus Street; and
WHEREAS, the Mayor and Common Counci 1 of the Ci ty of
San Bernardino have preliminarily found that the public
interest, convenience, and necessity require the amendment of
the boundaries of Assessment District No. 982 by the expansion
thereof to include additional territory and by expanding the
scope thereof to include the maintenance of additional
territory within the boundaries of the district; and
WHEREAS, the Mayor and Common Council of the Ci ty of
San Bernardino have, on the 20th of March, 1989, passed and
adopted Resolution No. 89-81 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF
SCOPE AND BOUNDARIES OF ASSESSMENT DISTRICT NO. 982
BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE
ADDITIONAL TERRITORY IN THE DISTRICT; TO EXPAND THE
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RESOLUTION EXPANDING BOUNDARIES AD982
SCOPE THEREOF TO INCLUDE THE MAINTENANCE OF
LANDSCAPING OF ADDITIONAL TERRITORY IN THE DISTRICT;
DECLARING ITS INTENTION TO PROCEED TO ORDER THE
AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING
NOT ICE AN D HEAR I NG.
which said resolution indicated that the City elected to
proceed without Notice and Hearing pursuant to Section
12.90.040C(5) of the Municipal Code as the request to expand
the boundaries and scope of the existing District represents
100% of the property owners liable to be assessed for the said
maintenance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That the public convenience and
necessity require, and the Mayor and Common Council of the
City of San Bernardino hereby declares by not less than a
4/5ths vote as defined in Section 12.90.040D of the San
Bernardino Municipal Code, that the public interest,
convenience, and necessity requires and hereby orders, the
amendment of the boundaries and scope of Assessment District
No. 982 by expanding the boundaries and scope thereof to
include additional territory in the district and to include
the maintenance of landscaping of additional territory in the
district; the work described in said Resolution No. 89-91 to
be done as provided in said Resolution and that the Special
Assessment, Investigation and Limitation Act of 1931 shall not
apply.
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RESOLUTION EXPANDING BOUNDARIES AD982
SECTION 2. Reference hereby is made to said
Resolution No. 89-91 for a description of the work, the extent
of the assessment district and the extent of the additional
scope of the assessment district, the financing alternatives
and for further particulars.
SECTION 3. That Amended Assessment District Diagram
Map No. 982 is hereby approved.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
regular
meeting thereof, held
on the
day of
5th
June
, 1989, by the
f 011 0 win g vote, to wit:
AYES: Council ~1embers Estrada, Reill~" Flores, Maudsley,
Mi9-or, Miller
NAYS:
ABSENT:
None
Council Member Po~e-Ludlam
The foregoing
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re sol u ti'~~(:!i~:~~prov ed th is
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June 198 y//
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day of
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23 Approved as to form
and legal content:
24 Jam e sF. Pen man ,
City Attorney
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BY:~
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5-1-89
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