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Home My WebLink About2007-043 RESOLUTION NO. 2007-43 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMENT EXCEED THE BALLOTS SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF LANDSCAPING IN THE AREA OF BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1052, ORDERING THE WORK, CONFIRMING THE 2007-2008 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 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 December 18, 2006, 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. 1052, which is on file in the office of the City Clerk, and adopted Resolution No. 2006-435 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 BELMONT AVENUE AND VACATED CHESTNUT AVENUE AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1052; PRELIMINARILY 01/10/2007 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...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1052, ORDERING THE WORK, CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC MEETING AND PUBLIC HEARING." which said resolution was duly and legally 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; 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 $23,554.26, which sets forth the individual assessments to be levied on each of the parcels ofland within Assessment District No. 1052, for the fiscal year 2007-2008, 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 January 22, 2007, and a Public Hearing having been held on February 5, 2007, 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. 01/10107 2 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...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1052, ORDERING THE WORK, CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. 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 voting thereon, the formation of Assessment District No. 1052 along with the work and appurtenances described in said Resolution No. 2006-435 and said Engineer's Report as herein approved and that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. SECTION 5. That the Engineer's Report relative to the formation of Assessment District No.1 052, 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. 01/10/07 3 " 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...FINDlNG AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT D1STRICT...NO. 1052, ORDERING THE WORK, CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. SECTION 6. That the Mayor and Common Conncil do hereby find and determine that the proportionate costs to be levied against the parcels ofland within Assessment District No. 1052, are correctly set forth on Assessment Roll No. 1052, for the fiscal year 2007-2008, 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 Connty Snn, 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 and appurtenances has 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). SECTION 9. Reference hereby is made to said Resolution No. 2006-435 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. 1052, be placed on the 01/10107 4 ," . , '. 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...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST...BELMONT AVENUE AND VACATED CHESTNUT AVENUE, APPROVING THE FINAL ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT...NO. 1052, ORDERING THE WORK, CONFIRMING THE 2007-2008 ASSESSMENT ROLL, AND DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY. subject 2007-2008 property tax bills for collection together with all other property taxes. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Cornmon Council of the City of San Bernardino at a joint regular meeting thereof , 20~, by the following vote, to-wit: held on the 5th day of Februarv Council Members: AYES NAYS ESTRADA X BAXTER x BRINKER x DERRY x KELLEY X JOHNSON x MCCAMMACK X ABSTAIN ABSENT -ft~~ 1:1. ~ Cit Clerk .I~ The foregoing resolution is hereby approved this ~. day,of February ,20~. Approved as to Form : 01110107 5