HomeMy WebLinkAbout2000-281
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RESOLUTION NO. 2000-281
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, AND
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ACQillSITION
OF CERTAIN IMPROVEMENTS IN THE AREA OF NORTHP ARK BOULEVARD AND
MOUNTAIN DRIVE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID IMPROVEMENTS
KNOWN AS ASSESSMENT DISTRICT NO. 1018, ORDERING THE ACQillSITION OF
SAID IMPROVEMENTS, 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 acquisition of certain improvements 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 June 19,2000, 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. 1018, which is on file in the office of the City Clerk, and adopted Resolution No.
2000-136 entitled:
n RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQillRE
THE FORMATION OF AN ACQillSITION ASSESSMENT DISTRICT LOCATED IN
THE NORTHPARK BOULEVARD AND MOUNTAIN DRIVE AREA WITHOUT
COMPLIANCE WITH THE INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931; DECLARING ITS INTENTION TO ORDER THE
ACQillSITION OF CERTAIN IMPROVEMENTS WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1018; PRELIMINARILY APPROVING THE
ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC
HEARING."
September 5, 2000
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2000-281
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RESOLUTION ORDERlNG THE ACQUISITION OF CERTAIN IMPROVEMENTS, CONFIRMING
ASSESSMENTS AND CONFIRMING THE 2001 -2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT
1018 (NORTHPARK AND MOUNTAIN AREA)
Said resolution was duly and legally 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 XIlID 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 of the Assessment District has been prepared and is on file in the
office of the City Clerk; and
WHEREAS, said Engineer's Report sets forth the description of the improvements to be
acquired, the total cost of said improvements, an assessment according to benefit and the
assessment spread; and
WHEREAS, said Engineer's Report sets forth the total assessment to be levied against
each parcel with Assessment District No, 1018; and
WHEREAS, said Engineer's Report sets forth the maximum annual assessment to be levied
against each parcel within the boundaries of Assessment District No. 1018.
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 July 24, 2000 and a Public
Hearing having been held on August 7, 2000, August 21, 2000 and September 5, 2000, 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
September 5, 2000
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2000-281
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RESOLUTION ORDERING THE ACQUISlTION OF CERTAIN IMPROVEMENTS, CONFIRMING
ASSESSMENTS AND CONFIRMING THE 2001-2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT
1018 (NORTHPARK AND MOUNTAIN AREA)
less than a Majority Protest, as represented by the assessment ballots submitted.
SECTION 2. That assessment ballots having been received and tabulated at the conclusion
of the Public Hearing, it is hereby determined that the ballots submitted in opposition to the
assessment do not exceed the ballots submitted in favor of the assessment, weighing the ballots
according to the proportional financial obligation of the affected property.
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, 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. 1018, along with the
acquisition of improvements described in said Resolution No. 2000-136 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. 1018, 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.
September 5, 2000
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2000-281
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RESOLUTION ORDERING THE ACQUISITION OF CERTAIN IMPROVEMENTS, CONFIRMING
ASSESSMENTS AND CONFIRMING THE 2001-2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT
IOI8 (NORTHPARK AND MOUNTAIN AREA)
SECTION 6. That the Mayor and Common Council do hereby find and determine that the
proportionate costs to be levied against each parcel ofland within Assessment District No. 1018
are correctly 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 to be as follows:
A. The total assessment representing the total cost of improvements to be acquired.
B, The 2001-2002 total annual assessment in the amount of $26.339.35
SECTION 7. That the City Clerk is directed to cause a copy of the assessment diagram and
a Notice of Assessment to be filed in the office of the County Recorder of San Bernardino County.
SECTION 8. That the City Clerk is hereby directed to cause a Notice of Assessment to be
mailed to each owner of real property within the Assessment District and shall publish a Notice of
Filing of Assessment in the San Bernardino County Sun, a newspaper of general circulation within
said City.
SECTION 9. That the City Clerk shall 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 8. Reference hereby is made to said Resolution No. 2000-136 and said
Engineer's Report for a description of the work, the extent of the assessment district, the financing
alternatives and for further particulars.
III
III
September 5, 2000
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2000-281
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RESOLUTION ORDERING THE ACQUISITION OF CERTAIN IMPROVEMENTS, CONFIRMING
ASSESSMENTS AND CONFIRMING THE 2001-2002 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT
JOI8 (NORTHPARK AND MOUNTAIN AREA)
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 5th
September
, 20~, by the following vote,
day of
to-wit:
8 Council Members: A YES
NAYS
ABSTAIN ABSENT
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ESTRADA
x
LIEN
x
MCGINNIS
x
SCHNETZ
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
xlan~7It1dinrvJ ~1'i1fJ)
City Clerk
20 The foregoing resolution is hereby approved this gK-uayof September
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,
'-~
ES, Mayor
Bernardino
Approved as to form
and legal content:
'---- -
JAMES F. PENMAN,
26 City At orney
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