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CITY OF SAN BERNARDINO
File No. 14.40-33 IJ':{t"D
- REQUEST FOR COUNCIL ACTION
ROGER G. HARDGRAVE, Director
Dept:
Public Works/Engineering
November 18, 1986
Resolution of Intention, Amend
SubjiREC'W.Q~.~~!:Ii]~:.,.-- Assessment Di st-
rict;~52 fPine Avenue Sewer
rscs /11f'H:,\ ~f.3j~r).. Maintenance
Di stri'ct . i
From:
Date:
/'
.
Synopsis of Previous Council action:
11/03/86
Authorization to proceed granted by motion.
Recommended motion:
Adopt Resolution.
cc: Ray Schweitzer, Acting City Administrator
Warren Knudson, Director of Finance.
tJASi,;;f ~
Contact person:
Verne Nadeau
Phone:
5026
5
Supporting data attached:
Yes
Ward:
FUNDING REOUIREMENTS:
Amount: $1,000.00
Source: To be
Finance: tJ ~
paid from up-front
4' /-A-
monies deposited by the petitioners
Council Notes:
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CITt OF SAN BERNARD..:) - REQUEf '" FOR COUNCIL ACT' 1N
STAFF REPORT
This action is the result of a request by the developer of
Tentative Tracts No. 13029 and 13036 to establish an Assessment
District for the maintenance of a sewer lift station to be
relocated in Tentative Tract No. 13036. This request was the
result of a requirement placed upon the Tracts by the City.
These Tracts adjoin the boundaries of an existing assessment
district already established to maintain a sewer lift station,
therefore, we will include them in the existing district.
The purpose of the action is to preliminarily determine that
the public convenience and necessity require the amendment of
boundaries of Assessment District No. 962 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.
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11-18-86
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
AMENDMENT OF BOUNDARIES OF ASSESSMENT DISTRICT NO. 962 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.
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. 84-523 adopted
December 17, 1984, created Assessment District No. 962 for the
maintenance of a sewer lift station in the area of Pine Avenue
and Belmont 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 November 26, 1984, in Book
31 of Assessments, page 44; and
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
WHEREAS, the addition of said area to the boundaries of
the District, will not increase the cost of assessment to the
properties presently within the boundaries of the existing
District;
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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 Council to amend the boundaries of
Assessment District No. 976, by the expansion thereof to
include additional territory, the boundaries of said additional
area are generally, as follows: Bounded on the West by the
East line of Tract No. 10600 and Tract No. 13355; on the East
by the West line of the City of San Bernardino's Devil Canyon
Water Reserve; on the North by the centerline of Irvington
Avenue; on the South by the Easterly prolongation of the South
line of said Tract No. 10600.
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. 976, which
Amended Assessment District Map is hereby approved, and to
Resolution of Intention No. 86-322, adopted August 4, 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 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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1 SECTION 2. It is the intention of said Mayor and
2 Common Council to order the amendment of boundaries by the
3 expansion thereof to include such additional area.
4 SECTION 3. Said contemplated work and improvements is
5 of more than local or ordinary public benefit, and that said
6 Mayor and Common Council do hereby make the expense of such
7 work and improvement chargeable upon the expanded district,
8 which expanded district is hereby declared to be the district
9 benefited by said proposed work and improvement, and to be
10 assessed to pay the cost and expense thereof. All public
11 streets or alleys, or portions thereof, hereby are excepted
12 from said assessment.
13 SECTION 4. That the City elects to proceed without
14 Notice and Hearing pursuant to Section 12.90.040C(5) of the
15 Municipal Code as the request to expand the boundaries of the
16 existing District represents 100% of the property owners liable
17 to be assessed for the said maintenance.
18 SECTIO~l 5. A copy of this resolution and a map showing
19 the exterior boundaries of the proposed amended boundaries of
20 the district with relation to the territory immediately
21 contiguous thereto will be on file with the City Clerk and
22 will be available for inspection by any person or persons
23 interested. This map shall govern for all details as to the
24 extent of the proposed amended improvement district.
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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
1986, by the
,
following vote, to wit:
AYES:
Counci 1 Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved
this
day of
, 1986.
Mayor of the C1ty of San Bernardlno
Approved as to form:
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/?~4:J~~'
City ttorney
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