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HomeMy WebLinkAbout1990-028 , . . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . ~ .[ RESOLUTION NO. 90-28 RESOLUTION PETITION AND DISTRICT OF THE CITY OF SAN BERNARDINO MAKING FINDINGS ON APPROVING AGREEMENT IN A SPECIAL ASSESSMENT WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, CALIFORNIA, has been presented by certain property owners an executed Petition requesting the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, said improvements to be constructed pursuant to the terms and provisions of the "Municipal Improve- ment Act of 1913", being Division 12 of the streets and Highways Code of the state of California, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 977 (CAJON AND JUNE AREA ACQUISITION DISTRICT); and, WHEREAS, it is further authorized that in order to timely construct the improvements, that the proceedings may be accom- plished through subdistricts, with the first subdistrict to be formed to the known and designated as ASSESSMENT DISTRICT NO. 977A (hereinafter referred to as the "Assessment District"). WHEREAS, it has been reported that said Petition contains the signatures of more than sixty percent (60%) of the property owners of the assessable area of the property to be subject to assessment for the proposed works of improvement. Said Petition meets the requirements of section 2804 of Division 4 of the streets and Highways Code of the State of California; and, WHEREAS, an Acquisition/Financing Agreement executed by the Property Owners relating to the construction and financing of the improvements for this project has been submitted for approval. 12/26/89 . . RESOLUTION MAKING FINDINGS ON PETITION, ASSESSMENT. , DIS~ICT NO. 977 1 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 3 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 4 SECTION 1. That the above recitals are all true and 5 correct. 6 SECTION 2. That it is hereby found that said Petition has 7 been signed by owners owning land constituting more than sixty 8 percent (60%) of all assessable land within the boundaries of 9 the proposed Assessment District. 10 SECTION 3. That said Petition shall be filed with the 11 transcript of these proceedings and shall remain open to public 12 inspection. 13 SECTION 4. That said Petition meets the requirements of 14 Section 2804 of Division 4 of the Streets and Highways Code of 15 the State of California, and further proceedings and limitations 16 under the provisions of the "Special Assessment Investigation, 17 Limitation and Majority Protest Act of 1931'1 shall not be applic- 18 able to these proceedings. 19 SECTION 5. That the Acquisition/Financing Agreement relat- 20 ing to the construction and financing of the facilities is 21 hereby approved and authorized for execution. 22 SECTION 6. This legislative body further finds and deter- 23 mines, based on written evidence submitted, that the total 24 estimate amount of the proposed assessments will not exceed 25 seventy-five percent (75%) of the estimated fair market value of 26 the land proposed to be assessed after the proposed public 27 improvements shall have been constructed. 28 // 12/26/89 r . . . . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION MAKING FINDINGS ON PETITION~ ASSESSMENT DISTRICT NO. 977 - . I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an adiollrnAn n~glllt'1r meeting thereof, held on the day of .1r-\nllrlry 1990, by the 22nd following vote, to wit: AYES: Council Members Estrada. Reillv. Flores. Maudslev. Miller NOES: None ABSENT: Council Members Minor. Pone-Ludlam ~/Bd/~/ /' City Clerk The foregoing resolution is hereby approved this c77C"c' 19~ day of Januarv /7 2---- Approved as to form and legal content: James F. Penman City Attorney By: ~,/.,"~ '? (/ ? IJ':~ 12/26/89