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. CI(~ OF SAN BERNARD'~O - REQUF.ST FOR COUNCil AC",:ION
From:
ROGER G. HARDGRAVE, Director Subject:
Public Works/Engineering
September 8, 1987
Resolution of Intention, Amend
Boundaries: Assessment District
975 (Mill & Pepper Landscape
Maint. Distr.)
File No. 14.40-47
Dept:
Date:
Synopsis of Previous Council action:
7-6-87
--- Authorization to proceed granted by motion.
Recommended motion:
Adopt Resolution.
cc: Raymond Schweitzer, City Administr
Warren Knudson, Director of Financ
Jim Penman, City Attorney
Conteet person:
Verne Nadeau
Phone:
384-5026
Supporting dete IUached:
Yes
Ward:
3
FUNDING REQUIREMENTS:
Amount: $1,500.00
Source: (ACCT. NO.) 251- 6 49- 539 25
(ACCT. DESCRIPTION) Assess. Distr. 975 To be paid
from up-front monies deposited by petitionll=ll'rfilnce: !.-J r<_ C,I::_-/
Couneil Notel:
1
75-0212
Agenda Item No.
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. CIC,Y OF SAN BERNARIV'tO - REQU~T FOR COUNCIL AC~ON
STAFF REPORT
This action is the result of a request of the developers of the Mill and
Pepeper Area in response to the requirement of the City to establish an
assessment district for the maintenance of landscaping along portions of
Mill Street, Pepper Avenue and Eucalyptus Avenue.
The purpose of the action is to preliminarily determine 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 the intention
to proceed to order the amendment and expansion of the District and
waiving Notice and Hearing.
Pursuant to Chapter 12.90.040C(S) of the Municipal Code, notice and
hearing will not be required as 100% of the owners of the property to be
assessed have requested the district.
A Categorical Exemption was issued on this project under Section 15304,
Class 4 on August 4, 1987.
75.0264
9-08-87
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,"'-'" "-,
WSOL UTI ON NO. '-'
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 975 BY
EXPANDING THE BOUNDAR IES THEREOF TO INCLUDE ADDITIONAL
TERRITORY IN THE DISTRICT; DECLARING ITS. INTENTION TO PROCEED
TO OROER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND
WAIVING NOTICE AND HEARING.
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WHEREAS, the City of San Bernardino (hereinafter called
"City") as an exercise of its municipal affairs powers has
enacted an Assessment District Ordinance (Municipal Code
Chapter 12.90) to provide for the procedure for the formation
of assessment districts within the City; and
WHEREAS, pursuant to said Municipal Code Chapter 12.90,
the City of San Bernardino, by Resolution No. 87-8
adopted
January 5, 1987, created Assessment District No. 975 for the
maintenance of landscaping in the area of Mill Street and
Pepper Avenue; and
WHEREAS, the Assessment District Boundary Map for said
Assessment District was recorded in the office of the County
Recorder of San Bernardino County on December 11, 1986 in Book
40 of Assessments, page 16; and
WHEREAS, it ha s now become necessary to con si der
amending the boundaries thereof by expanding same to include
additional territory therein and which additional territory
will share in the cost and expense of said maintenance; and
WHEREAS, the addition of said area to the boundaries of
the District,willnot increase the cost of assessment to the
properties presently within the boundaries of the existing
Di strict;
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
SECTION 1. Pursuant to Chapter 12.90.060 of the San
Bernardino Municipal Code, the Mayor and Common Council of said
City, hereby preliminary find and determine that the public
convenience and necessity require, and it is the intention of
the Mayor and Common Counci 1 to amend the boundari es of
Assessment District No. 975, by the expansion thereof to
include additional territory, the boundaries of said additional
area aregenerally, as follows:
generally bounded on the North by the North line of Tract No.
13490 and the centerline of Mill Street respectively; bounded
on the South by the North line of Tract No. 11882; bounded on
the East by the centerl i ne of Pepper Avenue and bounded on the
West by the centerline of Eucalyptus Avenue.
Reference is hereby made to a map on file in the office
of the City Clerk of said City delineating thereon the proposed
amended boundaries of said Assessment District No. 975, which
Amended Assessment District Map is hereby approved, and to
Resol ution of Intention No. 86-501, adopted December 8, 1986
on file in the office of the City Clerk of said City for a
description of the type of improvement, an estimated cost of
the improvement, the assessment benefi t procedure to be
followed, the assessment financing alternative to be followed,
for the method of collection of the assessment and for a
proposed assesment roll for the original District, all of which
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9 8-87
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1 shall relate to and be binding upon the expanded District.
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SECTION 2.
It is the intention of said Mayor and
3 Common Council to order the amendment <<?f boundaries by the
4 expansion thereof to include such additional area.
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SECTION 3. Said contemplated work and improvements is
6 of more than local or ordinary public benefit, and that said
7 Mayor and Common Council do hereby make the expense of such
8 work and improvement chargeable upon the expanded di stri ct,
9 which expanded district is hereby declared to be the district
10 benefited by said proposed work and improvement, and to be
11 assessed to pay the cost and expense thereof. All publ i c
12 streets or alleys, or portions thereof, hereby are excepted
13 from said assessment.
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SECTION 4. That the City elects to proceed without
15 Notice and Hearing pursuant to Section 12.90.040C(S) of the
16 Muni ci pa 1 Code as the request to expand the boundaries of the
17 existing District represents 100% of the property owners liable
18 to be assessed for the said maintenance.
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SECTION S. A copy of this resolution and a map showing
20 the exterior boundaries of the proposed amended boundaries of
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the district with relation
to the terri tory
immediately
22 conti guous thereto wi 11 be on fi le wi th the Ci ty Clerk and
23 will be available for inspection by any person or persons
24 interested. Thi s map shall govern for all detail s as to the
25 extent of the proposed amended improvement di strict.
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8-87
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1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 0 n the
meeting thereof, held
day of
. 1987, by the
5 following vote, to wit:
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AYES: Counci 1 Members
NAYS:
ABSENT:
C i ty C 1 e r k
The foregoi ng resol uti on is hereby approved thi s
day of
, 1987.
Mayor of the City of San Bernardino
Approved as to form
an legal content:
.~
-8-87
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