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c/;v OF SAN BERNARDLA>
File No. 14.40-47
- REQUIQr FOR COUNCIL ACT.)N
Dept:
Public Works/Engineeri~7,:~': :; ~, :,:~!"
Resolution Ordering Amendment
of Boundaries: Assess. Di str.
975 (Mill & Pepper Landscape
Mai nt. Di str.)
From:
ROGER G. HARDGRAVE, Di~tt~~OHI!t\,If)~;
Dale: November 3, 1987
Synopsis of Previous Council action:
10-5-87 ___u
Adopted Resolution of Intention to Amend Boundaries.
Recommended motion:
Adopt Resolution.
cc: Ray Schweitzer, City Administrator
Warren Knudson, Director of Finance
Jim Penman, City Attorney
Contact person:
Verne Nadeau
Phone:
384-5026
Supporting data attached: Staff Report, Map
Ward:
3
FUNDING REQUIREMENTS:
Amount:
$1,500.00
Source:
(ACCT. NO.) 251-649-53925
(Tax Bill Assessments)
(ACCT. DESCRIPTION)
Assess. Di str. 975 To be paid
from up-front monies deposited by DeveloperFlnance: t'.J.
Council Notes:
c It..-..-A--_.
}S.0262
Agenda Item No.
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. CI1(.: OF SAN BERNARDI~-:? - REQUE:",T FOR COUNCIL AC"""PN
STAFF REPORT
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This action is the result of a request of the developers of Tract No.
13490 located North of Mill Street, West of Pepper Avenue in response to
the requirement of the City to establish an assessment district for the
maintenance of landscaping along portions of Pepper Avenue, North of Mill
Street. Whereas this Tract lies immediately North of and adjacent to the
boundaries of the existing Assessment District No. 975, it was determined
that amending the boundaries of the District to include the Tract was the
most effective way to proceed.
On Octover 5, 1987, the Resolution of Intention to Amend the Boundaries
of Assessment District No. 975 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.
11/03/87
75-0264
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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.
975 BY EXPANDING THE BOUNDARIES THEREOF TO INCLUDE ADDITIONAL
TERRITORY IN THE DISTRICT FOR THE MAINTENANCE OF LANDSCAPING
IN THE AREA OF MILL STREET AND PEPPER AVENUE; ORDERING THE
AMENDMENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL
ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT
APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRM1 MAP
NO. 975.
\~HEREAS, by Resolution No. 87-8 adopted January 5,
1987, the Mayor and Common Council of the City of San
Bernardino created Assessment District No. 975 for the
maintenance of landscaping in the area of Mill Street and
Pepper Avenue; and
WHEREAS, the Mayor and Common Counci 1 of the Ci ty of
San Bernardino have preliminarily found that the public
interest, convenience and necessity require the amendment of
the boundaries of Assessment District No. 975 by the expansion
thereof to include additional territory; and
WHEREAS, the Mayor and Common Counci 1 of the Ci ty of
San Bernardino have, on the 5th day of October 1987, passed
and adopted Resolution No. B7-364 entitled:
RESOLUTION OF THE CITY OF SAN BERNARDINO
PRELIMINARILY DETERMINING 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 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
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1-3-87
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1 proceed without Notice and Hearing pursuant to Section
2 12.90.040CIS) of the t-lunicipal Code as the request to expand
3 the boundaries of the existin9 District represents 100~ of the
4 property owners liable to be assessed for the said
5 maintenance.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
7 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
That the public convenience and
9 necessity require, and the Mayor and Common Council of the
10 City of San Bernardino hereby declares by not less than a
11 4/5th vote as defined in Section 12.90.0400 of the San
12 Bernardino Municipal Code, that the public interest,
13 convenience and necessity requires and hereby orders, the
14 amendment of the boundaries of Assessment District No. 975 by
15 expanding the boundaries thereof to include additional
16 territory in the district; the work described in said
Ii Resolution No. 87-364 to be done as provided in said
18 Resolution and that the Special Assessment, Investigation and
19 Limitation Act of 1931 shall not apply.
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SECTION 2. Reference hereby is made to said
21 Resol uti on No. 87-364 for a descri pti on of the work, the
22 extent of the assessment district, the financing alternatives
23 and for further particulars.
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SECTION 3. That Amended Assessment District Diagram
25 Map No. 975 is hereby approved.
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11-3-87
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1 I HEREBY CERTIFY that the foregoing resolution was
2 duly adopted by the f1ayor and Common Counci 1 of the Ci ty of
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meeti ng thereof, hel d on
San Bernardino at a
the
day of
, 19
, by the
5 following vote, to wit:
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AYES; COUNCIL MEMBERS
NAYS:
ABSENT:
City C 1 e r k
The foregoing resolution is hereby approved this
day of
19
Mayor of the City of San Bernardino
Approved as to form
and legal content:
Ci ty Attorney
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