HomeMy WebLinkAbout2003-335
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2003-335
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIRMATIVE
VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT
THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF
LANDSCAPING IN THE AREA OF IRVINGTON AVENUE AND OLIVE AVENUE,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1031, ORDERING THE WORK, CONFIRMING THE
2003-2004 ASSESSMENT ROLL, DETERMINING THAT THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
NOT APPLY AND TERMINATING ASSESSMENT DISTRICT NO. 969.
WHEREAS, by Resolution No, 87-387, adopted on November 2, 1987, the Mayor and
Common Council formed an assessment district known as Assessment District No, 969 for
landscape maintenance along portions oflrvington A venue, east of Olive A venue, pursuant to the
provisions of Chapter 12,90 of the San Bernardino Municipal Code; and
WHEREAS, a "Notice of Assessment" was tiled in the ot1ice of the County Recorder of
San Bernardino County establishing a lien on all parcels located within the boundaries of
Assessment District No, 969 as shown on the Diagram of said District; and
WHEREAS, no maintenance was performed under said Assessment District No, 969;
WHEREAS, the existence and continuance of said Assessmenl District is no longer
necessary;
WHEREAS, pursuant to Chapter 12,90 ofthe San Bernardino Municipal Code, the Mayor
and Common Council of the City of San Bernardino have preliminarily found that the public
interest, convenience, and necessity requirc the maintenance of landscaping in a portion of the City,
as more fully hereinafter described. and thc appurtenances and appurtenant work and incidental
costs and cxpenses in connection therewith, that thc project is feasible, and that the lands to be
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RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 103 I (IRVINGTON A VENUE AND OLIVE A VENUE AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT) AND TERMINATING ASSESSMENT DISTRICT NO, 969,
assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses
thereof; and
WHEREAS, on October 6, 2003, the Mayor and Common Council of the City of San
Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment
District No, 1031, which is on file in the office of the City Clerk, and adopted Resolution No,
2003-267 entitled:
" RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
LOCATED IN THE IRVINGTON A VENUE AND OLIVE A VENUE AREA WITHOUT
COMPLIANCE WITH THE INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER
WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO.
1031; PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING
NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING."
which said resolution duly and legally was published and notice given of a Public Meeting and a
Public Hearing in the manner requircd by law, and pursuant to Section 4 of Article XmD of the
California Constitution, all property owners given notice were also given an Assessment Ballot to
indicate support or opposition to the proposed assessment, and written objections and protests, if
any. to the formation of the proposed district, the work to be done or the extent of the district to be
assessed were heard and considered; and
WHEREAS, a Diagram ofthc Assessment District has been prepared and is on file in the
office of the City Clerk; and
WHEREAS, an Assessment Roll has been prepared totaling $33,092.96 which sets forth
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RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1031 (IRVINGTON A VENUE AND OLIVE A VENUE AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT) AND TERMINATING ASSESSMENT DISTRICT NO, 969,
the individual assessments to be levied on each of the parcels ofland within Assessment District
No, 1031 for the fiscal year 2003-2004, as set forth in the Engineer's Report, as now submitted, on
file in the office of the City Clerk,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That a Public Meeting having been held on November 17, 2003, and a
Public Hearing having been held on December 1, 2003, the Mayor and Common Council, having
heard and considered any and all comments received thereon and being fully advised in the
premises, hereby determine that any and all protests received represent less than a Majority Protest,
as represented by the assessmenl unils assessable on the properties represented by said protests.
SECTION 2. That ballots having been received and considered, it is hereby determined
that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
the assessment.
SECTION 3. That it is hereby determined that all properties, parcels and lots within the
boundaries of the Assessment DistricI receive a local and direct benefit for the works of
improvement as proposed for said Assessment District, except for portions determined to be of a
general benefit as set forth in said Engineer's Report, and it is hereby further determined and
declared that all assessable costs and expenses have been apportioned and spread over the
properties within the boundaries of the Assessment District in direct proportion to the benefits
received thereby,
SECTION 4. That the public convenience and necessity require the proposed maintenance
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RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1031 (IRVINGTON A VENUE AND OLIVE AVENUE AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT) AND TERMINATING ASSESSMENT DISTRICT NO, 969,
and the Mayor and Common Council hereby order, by an aflirmative vote of not less than 4!5ths
of its members present and voting, the formation of Assessment District No, 1031, along with the
work and appurtenances described in said Resolution No, 2003-267 and said Engineer's Report as
herein approved and that the Special Assessment Investigation, Limitation and Majority Protest
Act of 1931 shall not apply,
SECTION 5. That the Engineer's Report relative to the formation of Assessment District
No, 1031, as now submitted, together with a Diagram of the Assessment District, both on file in
the office of the City Clerk, are hereby accepted and approved and that said Engineer's Report shall
stand as the Report for all tlIlure proceedings for this Assessment District.
SECTION 6. That the Mayor and Common Council do hereby find and determine that the
proportionate costs to be levied against the parcels of land within Assessment District No, 1031
are correctly set forth on Assessment Roll No, 1031 for the fiscal year 2003-2004, as set forth in
said Engineer's Report, as now approved, and on file in the office of the City Clerk of the City of
San Bernardino. and do hereby confirm said assessments.
SECTION 7. The City Clerk is hereby directed and authorized to publish a Notice Inviting
Bids for performing the work ordered, in the San Bernardino County Sun, a newspaper published
and circulated in said City, according to the specifications prepared or as will be prepared by the
City Engineer and on file or 10 be filed in the office of the City Engineer, at such time when the
installation of the landscaping and appurtenances has been accepted by the City. The contract will
be awarded pursuant to standards used by the City in the award of Public Works contracts.
SECTION 8. It is hereby determined that the formation of the assessment district is
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RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1031 (IRVINGTON AVENUE AND OLIVE AVENUE AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT) AND TERMINATING ASSESSMENT DISTRICT NO, 969,
categorically exempt from the rcquirements of the California Enviromnental Quality Act (CEQA),
pursuant to Class 1, Section l5301(c),
SECTION 9, Reference hereby is made to said Resolution No, 2003-267 and said
Engineer's Report for a description of the work. the extent of the assessment district, the financing
alternatives and tor further particulars,
SECTION 10. That the Mayor and Common Council hereby find and determine that the
public interest, convenience, and necessity no longer require the existence and continuance of
Assessment District No, 969,
SECTION 11. That the Mayor and Common Council do hereby terminate Assessment
District No, 969 and hereby release all liens etfected by said Assessment District against the parcels
of land lying within the boundaries of said Assessment District, as shown on Assessment District
Diagram No, 969, recordcd on March 10, 1988 in the office of the County Recorder of San
Bernardino County in Book 48 of Assessmcnt Maps, Page 47, and Notice of Assessment recorded
March 10, 1988 as Document No, 88-073256, Official Records of said County Recorder, except
tor unpaid assessments levied prior to the date of adoption ofthis Resolution, which shall be subject
to collections, including interest and penalties. as set forth in Chapter 12,90 of the San Bernardino
Municipal Code and shall remain as a lien until paid,
SECTION 12. Thai Ihe City Clerk is directed to cause a copy of this Resolution to be
transmitted to the oflice of the Auditor-Controller tor the County of San Bernardino with the
request that the individual assessments as shown on Assessment Roll No, 1031 be placed on the
subject 2003-2004 property tax bills tor collection together with all other property taxes,
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2003-335
RESOLUTION ORDERING WORK AND APPROVING 2003-2004 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1031 (IRVINGTON AVENUE AND OLIVE AVENUE AREA LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT) AND TERMINA TING ASSESSMENT DISTRICT NO, 969,
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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 joint regular meeting thereof
held on the 1st
day of
Council Members: A YES
ESTRADA
x
LONGVILLE X
MCGINNIS X
DERRY X
SUAREZ X
ANDERSON X
MCCAMMACK X
December
, 20~, by the following vote, to-wit:
NAYS
ABSTAIN
ABSENT
a~h. C~ /
City Clerk
The foregoing resolution is hereby approved this M day of
Approved as to form
and legal content:
By: .
11/24/03
December
,20~
?~
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