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CITY OF SAN BERNARDINO - R~QUEST. FOR COUNCIL~TI{;~
From:
ROGER G. HARDGRAVE, Director . Resolution Ordering AmendmLnt
REC'O.-i~r~,ec~:r.'~of Boundaries -- Assess. Distr.
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Public Works/Engineering 976 (Pine & Belmont Area
13;;JS DEl.~ 7? f" ';I. ',')Landscape Maintenance District
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Dept:
Date:
December 19, 1986
Synopsis of Previous Council action:
12/08/86 -- Adopted Resolution of Intention to Amend Boundaries.
Recommen-:ted motion:
Adopt the Resolution.
cc: Ray Schweitzer, Acting City Administrator
Warren Knudson, Director of Fi
Contact person:
Verne Nadeau
Phone:
5026
Supporting data attached: Yes
Ward:
5
FUNDING REQUIREMENTS:
Amount: $1,000.00
Sou rce: T 0 b e p aid fro m u P - fro n t
monies deposited by the petitioners
Finance:
Council Notes:
1
Agenda Item No. /?
15-0262
.....
CIT.. OF SAN BERNARDI I, ) - REQUE r FOR COUNCIL ACl w~N
STAFF REPORT
This action is the result of a request of the developers of Tentative
Tracts No. 13029 and 13036 in response to the requirement of the City to
establish an assessment district for the maintenance of landscaping
along portions of Irvington Avenue and the drainage channel along the
Southerly boundary of both tracts.
On December 8, 1986, the Resolution of Intention to Amend the Boundaries
of Assessment District No. 976 was adopted which declared the City's
intention to proceed with the expansion of the district to include
additional territory within the boundaries of the District.
Due to the fact of 100% participation by the owners of the area to be
included in the district, notice and hearing was not necessary (Section
12.90.040C(5) of the Municipal Code) and this Resolution is the next
formal step in the proceedings.
12-19-2'1
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75-0264
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12/19/86
RESOLUTION NO.
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.
976 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL
TERRITORY IN THE DISTRICT FOR THE MAINTENANCE OF LANDSCAPING
IN THE AREA OF PINE AND BELMONT AVENUES; ORDERING THE
AMENDMENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL
ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT
APPLY.
WHEREAS, by Resolution No. 86-341 adopted August 19,
1986, the Mayor and Common Council of the City of San
Bernardino created Assessment District No. 976 for the main-
tenance of landscaping in the area of Pine Avenue and Belmont
Avenue; and
WHEREAS, the Mayor and Common Council of the City of
San Bernardino have preliminarily found that the public
interest, convenience and necessity require the amendment of
the boundaries of Assessment District No. 976 by the expansion
thereof to include additional territory; and
WHEREAS, the Mayor and Common Council of the City of
San Bernardino have, on the 8th day of December, 1986, passed
and adopted Resolution No. 86-500 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIM-
INARILY DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF
ASSESSMENT DISTRICT NO. 976 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
proceed
without Notice and Hearing pursuant to Section
12.90.040C(5) of the Municipal Code as the request to expand
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241
the boundaries of the existing District represents 100% of the
property
liable to be assessed for
the
said
owners
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 12.90.040D of the San
9
that the public
interest,
Bernardino
Municipal
Code,
convenience and necessity requires and hereby orders, the
amendment of the boundaries of Assessment District No. 976 by
expanding the boundaries thereof to include additional
territory in the district; the work described in said
Resolution No. 86-500 to be done as provided in said
Resolution and tha t the Special Assessment, Investigation an d
limitation Act of 1931 shall not apply.
SECTION 2.
Reference hereby is made to
said
Resolution No. 86-500 for a description of the work, the
extent of the assessment district, the financing alternatives
and for further particulars.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on
the
day of
19
by the
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following vote, to wit:
AYES: COUNCIL MEMBERS
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NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 19
7
Mayor of the City of San Bernardino
10 Approved as to form:
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City Attorney
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