HomeMy WebLinkAbout1987-411
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RESOLUTION NO. 87-411
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
FOR MAT ION 0 F A LAN 0 S CAP E t~ A I N TEN A N C E ASS E SSM E N T 0 1ST R I C T :
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
DISTRICT, TO BE KNOWN AS IIASSESSMENT DISTRICT NO.98411, AND
WAIVING NOTICE AND HEARING.
WHEREAS, the City of San Bernardino hereafter called
(IICityll) as an exercise of its municipal affairs powers has
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 consider the
12 formation of a landscape maintenance assessment district within
13 the City, to be known as IIAssessment District No. 98411;
14 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
Bernardino Municipal Code, the Mayor and Common Council of said
City, hereby preliminarily find and determine that the public
convenience and necessity require and it is the intention of the
Mayor and Common Counci 1 to form Assessment Di stri ct No. 984,
the boundaries of which are generally, as follows: generally
bounded on the South by the Centerline of Central Avenue, on the
North by the North boundary of Parcel Map No. 7405, on the East
by the East boundary of Parcel Map No. 7405 and on the West by
the West boundary of Parcel Map No. 7405.
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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 t~ap 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 and all appurtenant facilities on the
North side of Central Avenue, between the East and West
Boundaries of Parcel Map No. 7405, and the East and West sides
of Gifford Avenue, between Central Avenue and the North boundary
o f Par c e 1 r~ a p no. 7 4 0 5 , and the R e ten t ion Bas i III 1 0 cat e din
Parcel 1 of Parcel Map No. 7405.
The estimated cost of said
incidental costs is $9,800.16.
SECTION 3. Said contemplated work and improvements is of
more than local or ordinary public benefit, 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.
SECTION 4. The assessment benefit procedure to be fol-
lowed and the amount to be assessed against each particular
maintenance,
including
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parcel will be a pro?ortion of the total sum of the cost of the
maintenance and incidentals within the area in relationship to
the area of each individual parcel within the boundaries of the
assessment 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 costs of the maintenance contract and incidentals will
be collected in perpetuity unless otherwise terminated by the
City.
The landscaping will be maintained by an Association,
however, the district will be in place and will maintain the
landscaping in the event that the Association defaults. No
payment shall be made by City and no assessments shall commence
hereunder unless and until the default of said Association as
recommended by the Director of Parks & Recreation and determined
by the City Engineer in the exercise of his or her sole discretion
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SECTION 6. That the City elects to proceed without 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.
SECTION 7. A copy of this resolution and a map showing the
exterior boundaries of the proposed improvement district with
relation to the territory immediately contiguous thereto and to
the proposed improvement 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 improvement district.
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
16th
the
day of
November
, 1987, by the
16 following vote, to wit:
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AYES:
Council Members Estrada, Reilly~ Flores, Haudslev,
Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
None
-~~~/~~
/" City Clerk
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The foregoing resolution is hereby approved this
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/ 7 / /'
/ ...../t...'
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day
November
, 1987.
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( . / ,. y 'l-- .'
, ?_.( ~~~A f A-A'/ ./ / ,~/\ /11 ..'
Mayor of/the Cify of San Bernardino
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Approved as to form
6 and legal content:
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9 ~(y Attorney
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