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HomeMy WebLinkAbout1996-049 1 RESOLUTION NO. 96-49 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING THE COUNTY OF SAN BERNARDINO'S PROPOSAL 3 TO FORM AN ASSESSMENT DISTRICT UNDER THE MUNICIPAL IMPROVEMENT ACT OF 1913 TO FIHANCE THE LOCAL AGENCY SHARE OF ';'HE COST FOR THE 4 H1PROVEMENT OF SAN TIMOTEO CREEK BY THE U. S. ARNY CORPS OF ENGINEERS, AND MAKING A DETEIDHNl'.TION THAT PROPERTIES TO BE 5 INCLUDED IN THE DISTRICT WILL BE BENEFITED. 6 WITNESSETH: 7 WHEREAS, the U.S. Army Corps of Engineers, in conjunction 8 with the San Bernardino County Flood Control District, is 9 proceeding with the improvement of San ';'imoteo Creek, as a part 10 of the Santa Ana River proj ect; and 11 WHEREAS, the total estimated cost for the improvement of 12 San Timoteo Creek is $58 Million, of which 75%, or ($43.5 13 Million) will be financed by the U. S. Arr'lY Corps of Engineers, 14 and 25%, or $14.5 Million, by local interests. 15 \mEREAS, consent was given by the City of San Bernardino" 16 at the regular Council meeting of May 2, 1994, for the 17 establishment of a Benefit Assessment District to finance the 18 unfunded portion of the local agency share of the project cost; 19 and 20 \vHEREAS, due to several constraints in the Flood Control 21 District Act, the County has made the decision to proceed under 22 the Municipal Improvement Act of 1913; and 23 WHEREAS, at their meeting of April 18, 1995, the San 24 Bernardino County Board of Supervisors adopted a Resolution of 25 Intention to Order Acquisition and Improvements, under Assessment 26 District No. 95-1 (San Timoteo Creek); and 27 28 WHEREAS, the County of San Bernardino has requested 2-5-96 RES 96-49 RESO: DETERHINATION OF BENEFIT - ASSESEMENT DISTRICT ~10. 95-1, . SAN TIMOTEO CREEK 1 support for the formation of Assessment District No. 95-1 from 2 the four (4) cities that are within the area of benefit. 3 WHEREAS, Amended Preliminary Engineer's Report, for 4 Assessment District No. 95-,1 (San Tinoteo Creek), County of San 5 Bernardino, has been prepared; 6 WHEREAS, upon receipt of resolutions from the four (4) 7 cities within the proposRd 1913 Act Assessment District, the 8 Board of Supervisors will adopt a new Resolution of Intention to 9 Order Acquisition and Improvenents, for Assessment District No. 10 95-1 (San Timoteo Creek) . 11 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 12 SECTION 1. That a deternination be nade that the 13 properties within the City of San Bernardino to be includRd 14 within proposed Assessment District No. 95-1, will be benefited 15 by the planned improvement of San Timoteo Creek. 16 SECTION 2. That the City of San Bernardino indicates 17 support for proposed Assessment District No. 95-1. 18 I I I / 19 I I I / 20 / / / / 21 / / / / 22 / / I I 23 / / / / 24 I I I I 25 I I I / 26 / I I I 27 / / I I 28 I I I I 2-5-96 - 2 - RES 96-49 RESO: DETERMINATION OF BENEFIT - ASSESEHENT DISTRICT NO. 95-1, SA~ TIMOTEO CREEK 1 I HEREBY CERTIFY that th", foregoing resolution was duly 2 adopted by the Mayor and Common Counci 1 of the Ci ty of San 3 Bernardino at a regular meeting thereof, held on the 4 19th day of , 1996, by the following vote, to-wit: February 5 Council Menbers: AYES NAYS ABSTAIN ABSENT 6 NEGRETE x 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is ~rk,~rk hereby approved this c;2/ 5t- --- day of February , 1996. --rt-JV~ ')U~ ( Tom Minor, Mayor Ci ty of San Bernardino Approved as to form and legal content: Janes F. Penman City Attorney / ; , \, j, By o co7 (' i/ .;~..... - 3 -