HomeMy WebLinkAbout2005-059
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RESOLUTION NO.
2005-59
RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
BALLOTS REPRESENTING AT LEAST FIFTY PERCENT (50%) AFFIRMATIVE
VOTES FOR THE PROPOSED ASSESSMENT HAVE BEEN RECEIVED AND THAT
THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF
LANDSCAPING AND OTHER IMPROVEMENTS IN THE AREA OF NORTHPARK
BOULEVARD AND CAMPUS PARKWAY AREA, APPROVING THE FINAL
ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE
COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1036,
ORDERING THE WORK, CONFIRMING THE 2005-2006 ASSESSMENT ROLL, AND
DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION
AND MAJORITY PROTEST 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 and other
improvements 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 January 10, 2005, 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. 1036, which is on file in the office of the City Clerk, and adopted Resolution No.
2005-2 entitled:
"RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
THE FORMATION OF A MAINTENANCE ASSESSMENT DISTRICT LOCATED IN
THE NORTHPARK BOULEVARD AND CAMPUS PARKWAY AREA WITHOUT
COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION
AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO
PROCEED TO ORDER WORK WITIDN THE DISTRICT, TO BE KNOWN AS
ASSESSMENT DISTRICT NO. 1036; PRELIMINARILY APPROVING THE
02/14/2005
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO.1 036, ORDERING WORK AND
APPROVING 2005-2006 ASSESSMENT ROLL, (NORTHP ARK BOULEVARD AND CAMPUS P ARKW A Y
AREA MAINTENANCE ASSESSMENT DISTRICT).
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 required by law, and pursuant to Section 4 of Article XIIID of the
California Constitution, all property owners given notice were also given an 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, Resolution No. 2005-36, adopted on January 24, 2005, amended said
Resolution No. 2005-2 by changing the date of the Public Meeting from February 21, 2005, a
holiday, to February 22, 2005, which said resolution duly and legally was published and notice
given of the amended Public Meeting date to all property owners having been given prior notice;
and
WHEREAS, a Diagram of the Assessment District has been prepared and is on file in the
office of the City Clerk; and
WHEREAS, an Assessment Roll has been prepared totaling $307.950.72. which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
No. 1036 for the fiscal year 2005-2006, 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:
02/14/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST.. . APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1036, ORDERING WORK AND
APPROVING 2005-2006 ASSESSMENT ROLL, (NORTHP ARK BOULEVARD AND CAMPUS P ARKW A Y
AREA MAINTENANCE ASSESSMENT DISTRICT).
SECTION 1. That a Public Meeting having been held on February 22, 2005, and a Public
Hearing having been held on March 7, 2005, 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 ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
the assessment.
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, except for portions determined to be of a
general benefit as set forth in said Engineer's Report, 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. 1036, along with the
work and appurtenances described in said Resolution No. 2005-2 and said Engineer's Report as
herein approved and that the Special Assessment Investigation, Limitation and Majority Protest
02/23/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1036, ORDERING WORK AND
APPROVING 2005-2006 ASSESSMENT ROLL, (NORTHP ARK BOULEVARD AND CAMPUS P ARKW A Y
AREA MAINTENANCE ASSESSMENT DISTRICT).
Act of 1931 shall not apply.
SECTION 5. That the Engineer's Report relative to the formation of Assessment District
No. 1036 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. 1036
are correctly set forth on Assessment Roll No.1 036 for the fiscal year 2005-2006, 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. The City Clerk is hereby directed and authorized to publish a Notice Inviting
Bids for performing the work ordered, in the San Bernardino County Sun, a newspaper published
and circulated in said City, according to the specifications prepared or as will be prepared by the
City Engineer and on file or to be filed in the office of the City Engineer, at such time when the
installation of the landscaping, improvements and appurtenances have been accepted by the City.
The contract will be awarded pursuant to standards used by the City in the award of Public Works
contracts.
SECTION 8. It is hereby determined that the formation of the assessment district is
categorically exempt from the requirements of the California Environmental Quality Act (CEQA),
pursuant to Class 1, Section 15301(c).
02/14/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO. 1036, ORDERING WORK AND
APPROVING 2005-2006 ASSESSMENT ROLL, (NORTHP ARK BOULEVARD AND CAMPUS P ARKW A Y
AREA MAINTENANCE ASSESSMENT DISTRICT).
SECTION 9. Reference hereby is made to said Resolution No. 2005-2 and said Engineer's
Report for a description of the work, the extent of the assessment district, the financing alternatives
and for further particulars.
SECTION 10. 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 as shown on Assessment Roll No. 1036 be placed on the
subject 2005-2006 property tax bills for collection together with all other property taxes.
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02/14/05
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RESOLUTION FINDING AND DETERMINING LESS THAN A MAJORITY PROTEST...APPROVING THE
ENGINEER'S REPORT, CREATING ASSESSMENT DISTRICT NO.1 036, ORDERING WORK AND
APPROVING 2005-2006 ASSESSMENT ROLL, (NORTHP ARK BOULEVARD AND CAMPUS P ARKW A Y
AREA 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 10int regular meeting thereof
held on the 7th day of March
Council Members: AYES NAYS
ESTRADA x
LONGVILLE x
MCGINNIS y
DERRY X
KELLEY x
JOHNSON x
MCCAMMACK x
, 20~, by the following vote, to-wit:
ABSTAIN ABSENT
~ /;;.~
The foregoing resolution is hereby approved thiJ ~ March
,20~.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: L -:J-, f~
{J
02/14/05
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