HomeMy WebLinkAbout1996-248
RES 96-248
07/16/96
ROW-1017
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RESOLUTION NO.
96-248
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
PROPOSED MAINTENANCE OF IMPROVEMENTS IN THE AREA OF KENDALL
DRIVE AND PINE AVENUE, APPROVING THE FINAL ENGINEER'S REPORT,
CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID
MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1017, ORDERING THE
WORK, CONFIRMING THE 1996-97 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
8 Municipal Code, the Mayor and Common Council of the City of San
9 Bernardino have preliminarily found that the public interest,
10 convenience, and necessity require the maintenance of landscaping
11 in a portion of the City, as more fully hereinafter described,
12 and the appurtenances and appurtenant work and incidental costs
13 and expenses in connection therewith, that the project is
14 feasible, and that the lands to be assessed will be able to carry
15 the burden of the proposed assessments to pay the costs and
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expenses thereof; and
WHEREAS, on the June 3, 1996, the Mayor and Common Council
of the City of San Bernardino preliminarily approved the
Engineer's Report relative to the formation of
Assessment
20 District No. 1017, which is on file in the office of the City
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Clerk, and adopted Resolution No. 96-145 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 KENDALL DRIVE AND PINE AVENUE AREA; DECLARING ITS
INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE
KNOWN AS ASSESSMENT DISTRICT NO. 1017, APPROVING PRELIMINARY
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 Public Hearing in the manner
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RES 96-248
07/16/96
ROW-1017
RESOLUTION ORDERING WORK AND CONFIRMING 1996-97 ASSESSMENT ROLL FOR AD1017
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required by law, 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
$22.100.53 which sets forth the individual assessments to be
levied on each of the parcels of land within Assessment District
No. 1017 for the fiscal year 1996-97, 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 July
15, 1996 and a Public Hearing having been held on August 5, 1996,
the Mayor and Common Council, having heard and considered any and
all comments received thereon and being fully advised in the
premises, hereby overrules any and all protests received.
2. That it is hereby determined that
all
SECTION
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 3.
That the public convenience and necessity
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RES 96-248
07/16/96
ROW-1017
RESOLUTION ORDERING WORK AND CONFIRMING 1996-97 ASSESSMENT ROLL FOR AD1017
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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. 1017 along with the work and appurtenances described
in said Resolution No. 96-145 and said Engineer's Report as
herein approved and that the Special Assessment, Investigation
and Limitation Act of 1931 shall not apply.
SECTION 4. That the Engineer's Report relative to the
formation of Assessment District No. 1017, 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 5. 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. 1017
are correctly set forth on Assessment Roll No. 1017 for the
fiscal year 1996-97, 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
1996-97 property tax bills for collection together with all other
property taxes.
SECTION 8. Reference hereby is made to said Resolution No.
96-145 and said Engineer's Report for a description of the work,
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RESOLUTION ORDERING WORK AND CONFIRMING 1996-97 ASSESSMENT ROLL FOR AD1017
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ROW-1017
RES 96-248
07/16/96
ROW-1017
RESOLUTIDN ORDERING WORK AND CONFIRMING 1996-97 ASSESSMENT ROLL FOR AD1017
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the
Bernardino
San
at
held
on the
City
of
a
regular
meeting thereof
5th
day
of
August
19 96, by the following vote, to-wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
gd
The
foregoing
day of
Approved as to form
and legal content:
JAMES F. PENMAN,
City A torney
By:
Ci~
~
resolution is
August
hereby
19 96
approved
this
~'~J4
/~( /1Ii'zt~
TOM MINOR, Mayor
City of San Bernardino
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