HomeMy WebLinkAbout1998-331
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98-331
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS REPRESENTING AFFIRMATIVE VOTES GREATER THAN IN
OPPOSITION TO THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
MAINTENANCE OF LANDSCAPING AND A SEWER LIFT STATION IN THE AREA
OF INLAND CENTER DRIVE AND RIVERW ALK DRIVE, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE
COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1024,
ORDERING THE WORK, CONFIRMING THE 1999-2000 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 of landscaping 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 October 19, 1998, 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. 1024, which is on file in the office of the City Clerk, and adopted Resolution No.
98-299 entitled:
"RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
FORMATION OF A LANDSCAPE AND SEWER LIFT STATION MAINTENANCE
ASSESSMENT DISTRICT LOCATED IN THE INLAND CENTER DRIVE AND
RIVERW ALK DRIVE AREA; DECLARING ITS INTENTION TO PROCEED TO ORDER
WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1024,
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
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98-331
RESOLUTION FINDING LESS THAN A MAJORITY PROTEST, AND ORDERING WORK AND
APPROVING 1999-2000 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1024 (INLAND CENTER
AND RIVERWALK AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT
DISTRICT)
a Public Hearing in the manner required by law, and pursuant to Section 4 of Article xmD of
the California Constitution, all property owners given notice were also given a 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 on
the office of the City Clerk; and
WHEREAS, an Assessment Roll has been prepared totaling $23.015.52 which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
No. 1024 for the fiscal year 1999-2000, 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 16, 1998 and a
Public Hearing having been held on December 7, 1998, 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
more than the total sum of assessment amounts in opposition to the proposed assessment.
SECTION 3. That it is hereby determined that all properties, parcels and lots within the
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98-331
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RESOLUTION FINDING LESS THAN A MAJORITY PROTEST, AND ORDERING WORK AND
APPROVING 1999-2000 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1024 (INLAND CENTER
AND RIVERWALK AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT
DISTRICT)
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.
1024, along with the work and appurtenances described in said Resolution No. 98-299 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. 1024, 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 of land within Assessment District No.
1024 are correctly set forth on Assessment Roll No. 1024 for the fiscal year 1999-2000, 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. 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 1999-2000 property tax bills for
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98-331
RESOLUTION FINDING LESS THAN A MAJORITY PROTEST. AND ORDERING WORK AND
APPROVING 1999-2000 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1024 (INLAND CENTER
AND RIVERWALK AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT
DISTRICT)
collection together with all other property taxes.
SECTION 8. The City Clerk hereby is directed to post a Notice for five days on or near
the door of the Council Chambers of the City Hall inviting sealed proposals or bids when
necessary for doing the work ordered and referring to the specifications on file and to publish
a Notice Inviting such proposals for at least two days in the San Bernardino Sun, a newspaper
published and circulated in said City.
SECTION 9 The contract will be awarded pursuant to the standard procedures used by
the City in the award of Public Works contracts and the work ordered hereunder shall be to the
satisfaction of the City Engineer of said City, and all of said work shall be done under his
direction and shall comply with the specifications prepared by him, and upon the completion of
said work, the City Engineer shall, and he hereby is directed to make the assessment.
SECTION 10. Reference hereby is made to said Resolution No. 98-299 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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98-331
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RESOLUTION FINDING LESS THAN A MAJORITY PROTEST. AND ORDERING WORK AND
APPROVING 1999-2000 ASSESSMENT ROLL FOR ASSESSMENT DISTRICT 1024 (INLAND CENTER
AND RIVERWALK AREA LANDSCAPE AND SEWER LIFT STATION MAINTENANCE ASSESSMENT
DISTRICT)
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 7th
day of December
, 19 98 , by the following
6 vote, to-wit:
7 Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LIEN
x
(VACANT)
- 3rd Ward
SCHNETZ
x
DEVLIN
x
ANDERSON
x
MILLER
x
~~ C1-t~
City erk
The foregoing resolution is hereby approved this ;;1/1 day of
19 ----2.8
December
.~{{~
V LES, Mayor
an Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY:~~ t.P~
o
11/30/98
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