HomeMy WebLinkAbout2001-108
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RESOLUTION NO. 2001-108
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 WATERMAN AVENUE AND WASHINGTON
STREET, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN
AS ASSESSMENT DISTRICT NO. 1027, ORDERING THE WORK, CONFIRMING THE
2001-2002 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL
ASSESSMENT, INVESTIGATION AND LIMITATION ACT OF 1931 SHALL NOT
APPLY.
WHEREAS, pursuant to Chapter 12.90 of the 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 require the maintenance oflandscaping in a portion of the City,
as more fully hereinafter described, and the appurtenances and appurtenant work and incidental
costs and expenses in connection therewith, that the project is feasible, and that the lands to be
assessed will be able to carry the burden of the proposed assessments to pay the costs and expenses
thereof; and
WHEREAS, on May 21, 2001, 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. 1027, which is on file in the office of the City Clerk, and adopted Resolution No.
2001-49 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 WATERMAN AVENUE AND WASHINGTON STREET AREA;
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1027; PRELIMINARILY
APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC
MEETING AND PUBLIC HEARING,"
05/16/2001
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2001-108
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RESOLUTION ORDERING WORK AND APPROVING 2000-20001 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1027 (WATERMAN A VENUE AND WASHINGTON STREET AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT)
which said resolution duly and legally was published and notice given of a Public Meeting and a
Public Hearing in the manner required by law, and pursuant to Section 4 of Article xmD of the
California Constitution, all property owners gii\len 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 of the 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 $32,233.97 which sets forth
the individual assessments to be levied on each of the parcels ofland within Assessment District
No. 1027 for the fiscal year 2001-2002, 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 I, That a Public Meeting having been held on May 7, 2001 and a Public Hearing
having been held on May 21, 200 I, 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
assessment units assessable on the properties represented by said protests.
SECTION 2. That ballots having been received and considered, it is hereby determined that
the total sum of the assessment amounts in support of the proposed assessment represents at least
FIFTY PERCENT (50%) of the total sum of assessment amounts submitted.
III
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2001-108
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RESOLUTlON ORDERING WORK AND APPROVING 2000-20001 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1027 (WATERMAN A VENUE AND WASHINGTON STREET AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT)
SECTION 3. That it is hereby determined that all properties, parcels and lots within the
boundaries of the Assessment District 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
and the Mayor and Common Council hereby order, by an affirmative vote of not less than 4/5ths
of its members present and voting, the formation of Assessment District No. 1025, along with the
work and appurtenances described in said Resolution No. 2000-59 and said Engineer's Report as
herein approved and that the Special Assessment, Investigation and Limitation Act of 1931 shall
not apply,
SECTION 5. That the Engineer's Report relative to the formation of Assessment District
No. 1027, 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 future 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 ofland within Assessment District No. 1027
are correctly set forth on Assessment Roll No. 1027 for the fiscal year 2001-2002, as set forth in
said Engineer's Report, as now approved, and on file in the office ofthe City Clerk of the City of
San Bernardino, and do hereby confirm said assessments.
05/16/2001
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RESOLUTION ORDERING WORK AND APPROVING 2000-20001 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT 1 027 (WATERMAN A VENUE AND WASHINGTON STREET AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT)
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 to 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 vacation of the streets is categorically exempt
from the requirements ofthe California Environmental Quality Act (CEQA), pursuant to Class I,
Section 15301(c).
SECTION 9. That the City Clerk is directed to cause a copy of this Resolution to be
transmitted to the office of the Auditor-Controller for the County of San Bernardino with the
request that the individual assessments be placed on the subject 2001-2002 property tax bills for
collection together with all other property taxes.
SECTION 10. Reference hereby is made to said Resolution No. 2001-49 and said
Engineer's Report for a description of the work, the extent of the assessment district, the financing
alternatives and for further particulars.
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2001-108
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RESOLUTION ORDERING WORK AND APPROVING 2000-20001 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT I 027 (WATERMAN A VENUE AND WASHINGTON STREET AREA
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT)
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a (an) Joirtt Regular
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thereof held on the
21st
vote, to-wit:
Council Members:
AYES
meeting
day of
May
, 2~, by the following
NAYS
ABSTAIN
ABSENT
ESTRADA X
LIEN x
MCGINNIS X
SCHNETZ x
SUAREZ X
ANDERSON x
MCCAMMACK X
City~ h_c~
The foregoing resolution is hereby approved this 22nd day of
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: Loo f. ~
o
05/16/2001
May
,2001
/
L:L--
JUDITH 'f L , Mayor
Bernardino
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