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CITY OF SAN BERNAFINO - REQUESJfeF~2'COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
Resolution terminating proceedings for
Annexation No.349 for the Annexation of
the territory generally located North of
Lynwood Dr., East of Harrison St.
(LAFCO 2632)
Dee
Public Works /Engineering
Date:
January 25, 1991
Synopsis of Previous Council action:
09/17 /90 --
Authorization to
determining the
adopted.
proceed was given and Resolution No. 90-392,
amount of tax transfer from County to City was
10/01/90
Resolution No. 90-410, initiating proceedings and setting public
hearing was adopted.
10/25/90
Protest hearing, continued to 11/05/90, and further continued to
11/19/90.
Recommended motion:
.;.,
e Adopt Resolution
f:,.) \.'j
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cc: Shauna Edwins, City Administrator
James Penman, City Attorney
Contact person:
Les Fogassy
Phone:
5334
Supporting data attached:
Staff Report,Resolution
Ward:
4,7
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No.) N/A
(Acct. DescriPtion)
Finance:
coe Notes:
75-0262
Agenda Item No
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CITY OF SAN BERN.DINO - REQUEST FA COUNCIL ACTION
STAFF REPORT
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On September 17, 1990, authorization was given to proceed with the proposed annexation
of the area generally located North of Lynwood Drive, East of Harrison Street, South
of 39th Street and West of Mountain Avenue, as a result of a petition filed with the
Local Agency Formation Commission (LAFCO) from residents within the proposed area.
At that hearing, Resolution No. 90-392, determining the amount of property tax to be
transferred from the County to the City, if the annexation should succeed, was
adopted.
On October 1, 1990, Resolution No. 90-410 was adopted, initiating proceedings for the
annexation and setting a public hearing for October 25, 1990, relative to the proposed
annexation, which was continued to November 5, 1990 and further continued to November
19, 1990.
Protests by registered voters, were filed and received by the City Clerk, in excess of
50S, and proceedings for the annexation must now terminate. The attached Resolution
terminates said proceedings.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT MORE
THAN FIFTY PERCENT OF PROTESTS BY REGISTERED VOTERS HAVE BEEN FILED AND
TERMINATING PROCEEDINGS FOR ANNEXATION NO. 349 (LAFCO 2632) FOR THE
TERRITORY GENERALLY LOCATED NORTH OF LYNWOOD DRIVE, EAST OF HARRISON STREET,
SOUTH OF 39TH STREET AND WEST OF MOUNTAIN AVENUE.
WHEREAS, pursuant to the provisions of the Cortese-Knox Local
7 Government Reorganization Act of 1985, Division 3, commencing with section
8 56000 of the California Government Code, proceedings were initiated by the
9 Common Council of the City of San Bernardino, to annex to the City of San
10 Bernardino, certain contiguous inhabited territory generally located North
11 of Lynwood Drive, South of 39th Street, East of Harrison street and West of
12 Mountain Avenue, and more particularly described in Resolution Initiating
13 Proceedings, No. 90-410, on file in the office of the City Clerk of the City
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of San Bernardino, designated LAFCO 2632; and
WHEREAS, a public hearing was set for the 25th day of October,
1990, at the hour of 9: 00 am in the Council Chambers of City Hall, 300 N.
17 "D" Street, San Bernardino, California, and the same was the day, hour and
18 place designated where any and all persons registered to vote within the
19 territory proposed for annexation or persons owning land within the
20 territory proposed for annexation may file a written protest with the City
21 Clerk, prior to the conclusion of said hearing; and
22 WHEREAS, all property owners of land within the territory proposed
23 for annexation, and all affected agencies were notified of said hearing by
24 mailing, publication and posting of a "Notice of Public Hearing" pursuant
25 to the provisions of California Government Code Section 57025.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That pursuant to Section 57050 of the California
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RESOLUTION TERMINATING PROCEEDINGS FOR ANNEXATION NO. 349, LAFCO 2632
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Government Code, a hearing was held on the day, and at the time and place as
set forth hereinabove, and said hearing was continued to November 5, 1990,
3 at the hour of 11:00 am, and further continued to November 19, 1990, at the
4 hour of 11:00 am, and protests were filed and received by more than fifty
5 percent (SOt) of the registered voters residing in the territory proposed
6 for annexation by the conclusion of said hearing.
7 SECTION 2. That proceedings for the annexation of said territory
8 herein described as Annexation No. 349, designated as LAPCO 2632, is hereby
9 terminated.
10 SECTION 3. That the City Clerk of the City of San Bernardino
11 shall cause a certified copy of this Resolution to be filed with the
12 Executive Officer of the Local Agency Formation Commission.
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RESOLUTION TERMINATING PROCEEDINGS FOR ANNEXATION NO. 349, LAFCO 2632
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof held on the
day
of
, 19_____, by the following vote, to-wit:
Council Members:
AYES
NAYES
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 19_____
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: fb~ ?6~
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01-25-91
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