HomeMy WebLinkAbout38- Public Works File No. 14.40-48
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ROGER G. HARDGRAVE , Di re 'fir-t;�5!i1�9eg1 — Resolution Ordering Amendment
of Boundaries: Assess. Distr.
Dept: Public Works/Engineering' .. y 976 ( Pine & Belmont Landscape
Maint. Distr. )
Date: February 1 , 1988
Synopsis of Previous Council action:
11-2-87 --- Adopted Resolution of Intention to Amend Boundaries.
Recommended motion:
Adopt Resolution .
cc : Ray Schwei tzer , C ty Admi n strator
Warren Knudson , Director of Finance
Jim Penman , City Attorney
Signature
Contact person: Verne Nadeau Phone: 384-5026
Supporting data attached: Staff Report, Map Ward: 5
FUNDING REQUIREMENTS: Amount: $2 ,000
Source:
(ACCT. NO.) 251-650-53925 ( Tax Bill Assessments )
(ACCT. DESCRIPTION) Assess. Distr. 976 To be
paid from money deposited by Developer.
Finance:
f
Council Notes:
750262 Agenda Item No. 1
CITY OF SAN BERNARDI O - REOM. f FOR COUNCIL ACTIN
STAFF REPORT
This action is the result of a request of the developers of the area
North of Belmont Avenue, East and West of Pine Avenue in response to the
requirement of the City to establish an assessment district for the
maintenance of landscaping along portions of Pine Avenue, Belmont Avenue,
Irvington Avenue and Ohio Avenue .
On November 2,, 1987 , 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
add ti ona1 terri tory w thi n the boundari es of the Di stri ct.
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.
02-01-88
75-0264
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2-01-88
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RESOLUTION NO.
1 A RESOLUTION OF THE CITY OF SAN 13ERNARDINO 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
4 IN THE AREA OF PINE AND BELMONT AVENUES ; ORDERING THE
AMENDMENT AND EXPANSION OF THE DISTRICT AND THAT THE SPECIAL
r ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT
`� APPLY AND APPROVING AMENDED ASSESSMENT DISTRICT DIAGRAM MAP
6 NO. 976.
7 WHEREAS, by Resolution No. 86-341 adopted August 19,
R 1986 the Mayor and Common Council of the City of San
cl
Bernardino created Assessment District No. 976 for the
10 maintenance of landscaping in the area of Pine Avenue and
11 Belmont Avenue; and
12 WHEREAS , by Resolution No. 87-9 adopted January 5 ,
13 1987 the Mayor and Common Council of the C ty of San
14 Bernardino expanded the boundaries of Assessment District No.
15 976 to include additional territory within the boundaries of
16 the District; and
17 WHEREAS, the Mayor and Common Council of the City of
13 San Bernardino have again preliminarily found that the public
19 interest, convenience and necessity require the amendment of
20 the boundaries of Assessment District No. 976 by the expansion
21 thereof to include additional territory; and
22 WHEREAS, the Mayor and Common Council of the City of
23 San Bernardino have, on the 2nd of November, 1987 , passed and
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adopted Resolution No . 87-388 entitled :
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26 RESOLUTION OF THE CITY OF SAN B E R N A R D I N 0
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28 2-1-88
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1 P R E L IM I N A R I L Y DE TERM 1N ING THAT THE P U B L IC
CONVENIENCE AND NECESSITY REQUIRE THE AMENDMENT OF
2 BOUNDARIES OF ASSESSMENT DISTRICT NO. 976 BY
EXPANDING THE BOUNDARIES THEREOF TO INCLUDE
} 3 ADDITIONAL TERRITORY IN THE DISTRICT; DECLARING ITS
INTENTION TO PROCEED TO ORDER THE AMENDMENT AND
4 EXPANSION OF THE DISTRICT; AND 14AIVING NOTICE AND
HEARING.
5
G which said resolution indicated that the City elected to
7 proceed without Notice and Hearing pursuant to Section
x
g 12.90.04OC( 5 ) of the Municipal Code as the request to expand
J the boundaries of the existing District represents 100% of the
10 property owners liable to be assessed for the said
11 maintenance.
12 NOW THEREFORE , BE IT RESOLVED BY THE MAYOR AND
Y
13 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS :
14 SECTION 1 . That the public convenience and
15 necessity require , and the Mayor and Common Council of the
10 City of San Bernardino hereby declares by not less than a
17 4 / 5th vote as defined in Section 12 .90 .040D of the San
lg Bernardino Municipal Code , that the public interest ,
1( convenience and necessity requires and hereby orders, the
20 amendment of the boundaries of Assessment District No. 976 by
21 expanding the boundaries thereof to include additional
I
22 territory in the district ; the work described in sa i d
23 Resolution No. 87 - 388 to be done as provided in said
24 Resolution and that the Special Assessment, Investigation and
25 Limitation Act of 1931 shall not apply.
26 SECTION 2 . Reference hereby is made to said
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2-1-88 2
1 Resolution No. 87-388 for a description of the work , the
2 extent of the assessment district, the financing alternatives
and for further particulars.
4 SECTION 3. That Amended Assessment District Diagram
5 Map No. 976 is hereby approved.
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RE: RESOLUTION ORDERING AMENDMENT OF BOUNDARIES: ASSESS.
DISTR. 976 (PINE & BELMONT LANDSCAPE MAINT. DISTR. )
1 I HEREBY CERTIFY that the foregoing resolution was
2 duly adopted by the Mayor and Common Council of the City of
3 San Bernardino at a meeting thereof, held on
4 the day of ___ 19 , by the
5 following vote , to wit:
0 AYES ; COUNCIL MEMBERS
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NAYS :
9 ABSENT :
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City Clerk
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13 The foregoing resolution is hereby approved this
14 —day of 19
15
lG Mayor of the City of San Bernardino
17 Approved as to form
18 and legal content:
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arty Attorney
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2-1-88 4