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HomeMy WebLinkAbout1987-407 1 RESOLUTION NO. 87-407 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY 3 REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL 4 T ERR I TOR Y I NTH E D 1ST R I C T FOR THE r~ A I N TEN A N CEO F LAN D S CAP I N G IN THE AREA OF MILL STREET AND PEPPER AVENUE; ORDERING THE 5 ANEND~1ENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT 6 A P PLY AND A P PRO V I N G A ~1 END E D ASS E S S ~1 E N T D 1ST R I C T D I A G R A ~.1 MAP NO. 975. 7 8 HHEREAS, by Resolution No. 87-8 adopted January 5, 9 1987, the Mayor and Common Council of the City of San 10 Bernardino created Assessment Di stri ct No. 975 for the 11 maintenance of landscaping in the area of Mill Street and 12 Pepper Avenue; and 13 WHEREAS, the Mayor and Common Counci 1 of the Ci ty of 14 San Bernardino have preliminarily found that the public 15 interest, convenience and necessity require the amendment of 16 17 18 19 20 21 22 23 24 25 26 27 28 1-3-87 the boundaries of Assessment District No. ~75 by the expansion thereof to include additional territory; and W HER E AS, the ~1 a y 0 ran d Com m 0 n Co u n c i 1 0 f the City 0 f San Bernardino have, on the 5th day of October 1987, passed and adopted Resolution No. 87-364 entitled: RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 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 which said resolution indicated that the City elected to 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 proceed without Notice and Hearing pursuant to Section 12.90.040C(5) of the Municipal Code as the request to expand the boundaries of the existing District represents 100% of the property owners 1 iable 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 4/5th vote as defined in Section 12.90.0400 of the San Bernardino Municipal Code, that the public interest, convenience and necessity requires and hereby orders, the amendment of the boundaries of Assessment District No. 975 by expanding the boundaries thereof to include additional territory in the district; the work described in said Resolution No. 87-364 to be done as provided in said Resolution and that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. SECTION 2. Reference hereby is made to said Resolution No. 87-364 for a description of the work, the extent of the assessment district, the financing alternatives and for further particulars. SECTION 3. That Amended Assessment District Diagram Map No. 975 is hereby approved. 7 11-3-87 2 1 I HEREBY CERTIFY that the foregoing resolution was 2 d u 1 y ado p t e d by the ~1 a yo ran d Com m 0 n Co u n c i 1 0 f the City 0 f 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 San Bernardino at a re~ular- meeting thereof, held on the . ~6th day of __NovembeJ___' 1987_, by the ~fJ!'acP"~ " i ty C 1 e r k The foregoing resolution is hereby approved this l,l:tA-, day of lno Approved as to form and legal content: ?~ Attorney 28 11-3-87 3