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CITY OF SAN BERhARDINO ~ REQUEST ..~~e ~O~~~~~ ACTION
From: ROGER G. HARDGRAVE, Director
Subject: Resolution of Intention, Amend
Boundaries: Assessment District
991 (Verdemont & Olive Landscape
Maint. Distr.)
Dept: Public Works/Engineering
Date: March 26, 1990
Synopsis of Previous Council action:
2-5-90 --- Authorization to proceed granted by motion.
Recommended motion:
Adopt Resolution.
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cc:
Marshall Julian, City Administrator
Andrew Green, Director ot Finance
Jim Penman, City Attorney
Jim Richardson, Deputy City Admin.fDev.
~
Verne Nadeau
Contact person:
Phone:
384-5026
Supporting data attached:
Staff Report, Map
Ward:
5
FUNDING REQUIREMENTS:
Amount:
3,000.00
Source: (Acct. No.)
251-666-53925
( Acct. DescriPtion)
from up-front monies deposited by petitioners.
Assess. Distr. 991 To be paid
Finance: ~ N.v.--
-::ouncil Notes:
"71:. n.,....,
Aoenda Item No
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CITY OF SAN BERL .-4RDINO - REQUEST .. JR COUNCIL ACTION
STAFF REPORT
This action is the result of a request of the developers of the Tract No.
13530 in response to the requirement of the City to establish an
assessment district for the maintenance of landscaping' along portions of
Palm Avenue and along the Southerly boundary of the Tract.
The purpose of the action is to preliminarily determine that the public
convenience and necessity require the amendment of boundaries of Assessment
District No. 991 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(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.
3-28-90
75-0264
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3-28-90
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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. 991 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.
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6 WHEREAS, the City of San Bernar"dino (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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WHEREAS, pursuant to said Municipal Code Chapter 12.90, the City of
San Bernardino, by Resolution No. 89-330 adopted August 21, 1989, created
Assessment District No. 991 for the maintenance of landscaping in the
Verdemont and Olive Avenue area: and
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 July 26, 1989, in Book 55 of Assessments, page 85; and
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WHEREAS, it has now become necessary to consider 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
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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3-26-90
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RESOLUTION EXPANDING BOUNDARIES AD 991
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NOW, 1~EREFORE. BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
SECTION 1. Pursuant to Section 12.90.060 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 Council to amend the
boundaries of Assessment District No. 991. by the expansion thereof to
include additional territory, the boundaries of said additional area are
generally as follows:
Bounded on the North by Ohio Avenue; on the South by the South
boundary of Tract No. 13530; on the East by Palm Avenue and on the West by
the West boundary of Tract No. 13530.
Reference is hereby made to a map on file in the office of the City
Clerk of said City de I ineating thereon the proposed amended boundari es of
said Assessment District No. 991, which Amended Assessment District Map is
hereby approved, and to Resolution of Intention No. 89-253, adopted July 17,
1989, 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 benefit 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
shall relate to and be binding upon the expanded District.
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3-26-90
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RESOLUTION EXPA~DING BOUNDARIES AD 991
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SECTION 2. It is the intention of said Mayor and Common Council to
order the amendment of boundaries by the expansion thereof to include such
additional area.
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
expanded district, which expanded 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 puhlic streets or alleys, or
portions thereof, hereby are excepted from said assessment.
SECTION 4. That the City elects to 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 liable to be assessed for the said maintenance.
SECTION 5. A copy of this resolution and a map showing the exterior
boundaries of the proposed amended boundaries of the district with relation
to the territory immediately contiguous thereto 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 amended improvement district.
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3-26-90
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RESOLUTION EXPANDING BOUNDARIES AD 991
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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
, 1990, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1990.
day
of
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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By: 11,~? :len'h~
{J
3-26-90
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