HomeMy WebLinkAbout1997-301
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RESOLUTION NO.
97-301
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS REPRESENTING OVER 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 ELM AVENUE AND COULSTON STREET,
APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT
DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS
ASSESSMENT DISTRICT NO. 1023, ORDERING THE WORK, CONFIRMING THE
1998-99 ASSESSMENT ROLL AND FUTURE 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 August 18,1997, 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. 1023, which is on file in the office of the City Clerk, and adopted Resolution No.
97-252 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 ELM A VENUE AND COULSTON STREET AREA; DECLARING ITS INTENTION
TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS
ASSESSMENT DISTRICT NO. 1023, 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
09115/97
I
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RESOLUTION ORDERING WORK AND APPROVING ASSESSMENT ROLLS FOR ASSESSMENT
DISTRICT 1023 (ELM AND COULSTON AREA LANDSCAPE MAINTENANCE ASSESSMENT rnSTRICT)
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pu5ncfl~aring 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 $6.840.00 which sets forth the
individual assessments to be levied on each of the parcels of land within Assessment District No.
1023 for the fiscal year 1998-99, and an Assessment Roll has been prepared totaling $12.354.72
which set forth the individual future assessments to be levied upon build-out of the development
within the district boundaries, as both are 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 September 15, 1997 and a Public
Hearing having been held on October 6, 1997, 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 determine that
the total sum of the assessment amounts in support of the proposed assessment represents more
than FIFTY PERCENT (50%) of the total sum of assessment amounts in opposition to the
proposed assessment.
09/15/97
2
RESOLUTION ORDERING WORK AND APPROVING ASSESSMENT ROLLS FOR ASSESSMENT
DISTRICT 1023 (ELM AND COULSTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT)
97-301
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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. 1023, along with the
work and appurtenances described in said Resolution No. 97-252 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. 1023, 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. 1023
are correctly set forth on Assessment Roll No. 1023 for the fiscal year 1998-99, and future
assessments as shown on Assessment Roll representing full build-out of the parcels within the
boundaries ofthe district, both 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
09/15/97
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RE~LUTION ORDERING WORK AND APPROVING ASSESSMENT ROLLS FOR ASSESSMENT
DISTRICT 1023 (ELM AND COULSTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT)
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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 1998-99 property tax bills for
collection together with all other property taxes.
SECTION 8. Reference hereby is made to said Resolution No. 97-252 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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09/15/97 4
RE~OLUTION ORDERING WORK AND APPROVING ASSESSMENT ROLLS FOR ASSESSMENT
DISTRICT 1023 (ELM AND COULSTON AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT)
97-301
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof
held on the
6th
day of
AYES
x
x
x
x
x
x
x
October
, 19~, by the following vote,
to-wit:
Council Members:
NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
NAYS
ABSTAIN
ABSENT
C~~
18 The foregoing resolution is hereby approved this ~ day of
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Approved as to form
and legal content:
JAMES F. PENMAN,
City ttomey
.~/V
09115/97
October
,19 97 .
~. M~
~1 ~M
T INOR~Mayor -
City of San Bernardino
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