HomeMy WebLinkAbout19- Public Works File No. 14.40-56
CITY 'OF SAN BERN! 116INO REQUEST P I COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Resolution of Intention, Amend
Dept: Boundaries: Assessment District
Public Works/Engineering 981 (Meridian and Randall Area
August 29, 1994
Date: Landscape Maintenance District)
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Synopsis of Previous Council action:
01-10-94 -- Authorization granted by motion to proceed with the expansion of the
iDX1N.. OFFiCE3 boundaries of Assessment District No. 981 to include Tract 14390.
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Recommended motion:
Adopt Resolution.
cc: Shauna Clark, City Administrator
Barbara Pachon, Director of Finance
James Penman, City Attorney
Signature
Contact person: Kelley Poole Phone: 384-5476
Supporting data attached: Staff Report, Map 3
Ward:
FUNDING REQUIREMENTS: Amount: $ 5,000.00
Source: (Acct. No.) 251-655-53925
_(Acct. Description) Assmt•. District No. 981: To be paid
from deposit paid by petitioner. /-'
Finance:, /; �`-
Council Notes:
75-0262 --
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CITY OF SAN BERN' `DINO - REQUEST V Z COUNCIL ACTION
STAFF REPORT
This action is in response to the Developer's request for the formation of a
landscape maintenance assessment district which is a conditional requirement
for the development of Tract 14390 in the Randall and Meridian area of San
Bernardino.
The purpose of the action is to preliminarily determine that the public
convenience and necessity require the amendment of the boundaries of
Assessment District No. 981 by expanding the boundaries to include
additional territory in the district; declaring the intention to proceed to
order said amendment and expansion of the boundaries, and waiving Notice and
Hearing.
Pursuant to Chapter 12.90.040C(5) 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.
The Developer/Property Owner has been notified of his burden of
responsibility for ensuring that the proper disclosure of this District and
it's conditions has been given to all purchasers of the land involved.
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75-0264
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF BOUNDARIES OF
3 ASSESSMENT DISTRICT NO. 981 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE
ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS INTENTION TO PROCEED TO
4 ORDER THE AMENDMENT AND EXPANSION OF THE DISTRICT; AND WAIVING NOTICE AND
HEARING.
5
6 WHEREAS, the City of San Bernardino (hereinafter called "City") as an
7 exercise of its municipal affairs powers has enacted an Assessment District
8 Ordinance (Municipal Code Chapter 12.90) to provide a procedure for the
9 formation of assessment districts within the City; and
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11 WHEREAS, pursuant to said Municipal Code Chapter 12.90, the City of
12 San Bernardino, by Resolution No. 87-389 adopted November 2, 1987, created
13 Assessment District No. 981 for the maintenance of landscaping in the area of
Meridian and Randall Avenues; and
14
15 WHEREAS, the Assessment District Boundary Map for said Assessment
16 District was recorded in the office of the County Recorder of San Bernardino
17 County on October 8, 1987, in Book 46 of Assessments, page 14; and
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19 WHEREAS, it has now become necessary to consider amending the
20 boundaries thereof by expanding same to include additional territory therein
21 and which additional territory will share in the cost and expense of said
22 maintenance; and
23 WHEREAS, the addition of said area to the boundaries of the District,
24 will not increase the cost of assessment to the properties presently within
25 the boundaries of the existing District;
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08-29-94
RESOLUTION EXPANDING BOUNDARIES OF ASSMT. DISTRICT NO. 981
1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
2 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
3
4 SECTION 1 . Pursuant to Section 12.90.060 of the San Bernardino
5 Municipal Code, the Mayor and Common Council of said City hereby
6 preliminarily find and determine that the public convenience and necessity
7 require, and it is the intention of the Mayor and Common Council to amend the
8 boundaries of Assessment District No. 981, by the expansion thereof to
9 include additional territory, the boundaries of said additional area are
generally as follows:
10
11 Bounded on the West by the center line of Meridian Avenue, on the
12 South by the center line of Randall Avenue, on the East by the east boundary
13 ine of Tract 14390, and on the North by the north boundary line of Tract
14 14390.
15 Reference is hereby made to a map on file in the office of the City
16 Clerk of said City delineating thereon the proposed amended boundaries of
17 said Assessment District No. 981, which Amended Assessment District Map is
18 hereby approved, and to Resolution of Intention No. 87-365, adopted October
19 5, 1987, on file in the office of the City Clerk of said City for a
20 description of the type of improvement, an estimated cost of the improvement,
21 the assessment benefit procedure to be followed, the assessment financing
22 alternative to be followed, for the method of collection of the assessment
23 and for a proposed assesment roll for the original District, all of which
24 shall relate to and be binding upon the expanded District.
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08-29-94 2
RESOLUTION EXPANDING BOUNDARIES OF ASSMT. DISTRT^T NO. 981
1 SECTION 2. It is the intention of said Mayor and Common Council to
2 order the amendment of boundaries by the expansion thereof to include such
3 additional area.
4
5 SECTION 3. Said contemplated work is of more than local or ordinary
6 public benefit, and that said Mayor and Common Council do hereby make the
7 expense of such work chargeable upon the expanded district, which expanded
8 district is hereby declared to be the district benefited by said proposed
9 maintenance, and to be assessed to pay the cost and expense thereof. All
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10 public streets or alleys, or portions thereof, hereby are excepted from. said
assessment.
11
12 SECTION 4. That the City elects to proceed without Notice and
13 Hearing pursuant to Section 12.90.04OC(5) of the Municipal Code as the
14 request to expand the boundaries of the existing District represents 100% of
15 the property owners liable to be assessed for the said maintenance.
16
SECTION 5. A copy of this resolution and a map showing the exterior
17
18 boundaries of the proposed amended boundaries of the district with relation
19 to the territory immediately contiguous thereto will be on file with the
20 City Clerk and will be available for inspection by any person or persons
21 interested. This map shall govern for all details as to the extent of the
22 proposed amended assessment district.
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08-29-94 3
RESOLUTION EXPANDING BOUNDARIES OF ASSMT DISTRICT NO. 981
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof, held on the day of 1994, by the
4 following vote, to wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
.r
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14 Rachel Clark, City Clerk
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16 The foregoing resolution is hereby approved this day of
17 1994.
18 Tom Minor, Mayor
19 City of San Bernardino
20
21 Approved as to
22 form and legal content:
JAMES F. PENMAN,
23 City Attorney
24
25 By:
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08-29-94 4