HomeMy WebLinkAbout1986-221
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RESOLUTION NO. 86-221
2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING THE VALUE
OF WRITTEN PROTESTS AND ORDEK INC r.10NJ CJPl\L REORGANIZATION NO.
3 LAFC 2371 FOR THE ANNEXATION OF INHABITED TERRITORY LOCATED EAST
OF WATERMAN AVENUE, NORTH OF PARK CENTRE, SUBJECT TO CONFIRMATION
4 OF VOTERS WITHIN THE AFFECTED TERRITORIES AND TO THE CO~IDITIONS
CONTAINED IN RESOLUTION NO. 2035 OF THE LOCAL AGENCY FORMATION
5 COMMISSION; CALLING A SPECIAL ELECTION AND REQUESTING
CONSOLIDATION WITH THE GENERAL ELECTION ON NOVEMBER 4, 1986.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. Recitals.
9 A. Pursuant to the Cortese/Knox Local Governn.frd
10 Reorganization Act, Government Code Sections 56000, et ~e~.,
11 proceedings were initiated by the Mayor and Common Council in
12 Resolution No. 85-518 on December 2, 1985, for the annexation of
13 inhabited territory located east of Waterman Avenue, north of
14 Park Centre, which is legally described in Exhibit "A", which is
15 attached hereto and incorporated herein as though fully set
16 forth.
17 B. Notice of a hearing on the proposed annexation to be
18 held on June 2, 1986, in the City Council Chambers at City Hall,
19 300 North "D" Street, in the City of San Bernardino at 9:00 a.m.
20 was duly published by the City Clerk, together with notice that
21 protests could be filed with the City Clerk by an owneI of ] c11l(l
22 or registered voter wi thin the ter r i tory proposed for annexatj (If, ~
23 C. A hearing of protests having been held as noticed on
24 June 2, 1986, it is determined that 44.26% of the registered
25 voters residing within the affected territory have filed written
26 protests against the annexation.
27 D. Pursuant to Government Code Section 57075, an election
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1 shall be called and held on the question of whether this
2 municipal reorganization shall be confirmed.
3 SECTION 2. Value of Written Protests.
4 The value of the written protests filed up until the close
5 of the hearing on June 2, 19R6: and not withdrawn, is 44.26% of
6 the registered voters residing within the territory to be
7 annexed.
8 SECTION 3. Annexation Ordered.
9 Subject to confirmation of the voters within the affected
10 territory, annexation of the unincorporated area legally
11 described in Exhibit "A" attached hereto is hereby ordered. A
12 map showing the area to be annexed is attached hereto as Exhibit
13 "B" and incorporated herein as though fully set forth. Pursuant
14 to Condition No. 5 of LAFCO Resolution No. 2035, the effective
15 date of this municipal reorganization shall be the date of
16 issuance of the Certjfir~(Jt(.. of CC1rIIIi]etion. Tbis reorganization
17 shall be subject to the conditions contained in LAFCO Resolution
18 No 2035 as follows:
19 A. The amount of property tax revenues to be exchanged
20 between the County and the City resulting from the jurisdictional
21 change shall be settled pursuant to Resolution No. 86-102 of the
22 Mayor and Common Council.
23 B. That included in the City's resolution depicting final
24 action shall be the detachment of County Service Area SL-l,
25 County Service Area 38, and County Service Area 70 without spljt
26 of assets or liati] it.:' (~f:' c
27 SECTION 4. Special Election Called.
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1 A special election is called and will be held on Tuesday,
2 November 4, 1986, in the unincorporated area legally described in
3 Exhibit "A" hereto and shown on the map attached as Exhibit "B"
4 hereto for the purpose of submitting to the registered voters
5 within said area, for their approval or disapproval, the order
6 adopted on June 2, 1986, by the Mayor and Common Council of the
7 City of San Bernardino ordering the annexation to said City of
8 the territory descr jbE:(~ :'rl f~(d(1 L{(1(-:<( and designated as LAFC
9 2371. The order shall be confirmed if approved by a majority of
10 the voters voting thereon.
11 SECTION 5. Request for Consolidation.
12 Pursuant to Section 23302 of the Elections Code, the Mayor
13 and Common Council of the City of San Bernardino request that the
14 Board of Supervisors of the County of San Bernardino consolidate
15 the City's special annexation election with the general election
16 to be held on November 4, 1986.
17 SECTION 6. Measure.
18 The measure to be voted on at the special municipal election
19 as it is to appear on the ballot shall be as follows:
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21 CITY OF SAN BERNARDINO
ANNEXATION MEASURE
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23
YES
Shall the order adopted on June 2,
24 1986 by the Mayor and Common Council of
the City of San Bernardino ordering the NO
25 annexation to the City of San Bernardino:
of the territory described in that order:
26 and designated as LAFC No. 2371 be
confirmed?
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On the ballot opposite each question and to its right, the
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1 words pYes" and "No" shall be printed on separate lines with
2 voting squares.
3 The Board of Supervisors of the County of San Bernardino is
4 hereby authorized to canvass the returns of the special
5 annexation election called by this resolution and to conduct the
6 special election and the consolidated election with the County of
7 San Bernardino in all respects as if there were only one election
8 with only one form of ballot. Results of the election shall be
9 certif ied to the Mayor and ('ornL~()n CeUf1C j]. of the Ci ty of San
10 Bernardino.
11 SECTION 8. Notice of Election.
12 Pursuant to Section 57131 of the Government Code, the City
13 Clerk is hereby directed to publish a notice of the annexation
14 election which shall contain the following:
15 A. The date of the election;
16 B. A statement of the proposition to be voted on and a
17 general description of the boundaries of the territory to be
18 annexed as set forth in Exhibits nAn and nBn hereto;
19 C. That the r.1ayor and COIlITIleD Councilor any member
20 authorized by Councilor any registered voter or bona fide
21 association of citizens entitled to vote on the proposal is
22 invited to submit and file with the City Clerk for printing and
23 distribution in the ballot pamphlet a written argument for or
24 against the proposal;
25 D. That the last day for receipt of primary arguments for
26 or against the measure has been established as 4:30 p.m. on
27 August 5, 1986, in the City Clerk's Officp, Second Floor, City
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1 Hall, 300 North "D" Street, San Bernardino, CA;
2 E. That the last day for receipt of rebuttal arguments is
3 4:30 p.m. on August 12, 1986, in the City Clerk's Office at the
4 above location;
5 F. That only one argument for and one argument against
6 shall be selected by the City Clerk and printed; that such
7 argument shall not exceed three hundred (300) words in length,
8 shall be CiC(()rllpcjll~'(~(1 by 11(}'~ Wl)l'e than three (3) signatures, and
9 shall be accompanied by the statement in Section 5350 of the
10 Elections Code;
11 G. When the City Clerk has selected the arguments for and
12 against the measure which will be printed and distributed to the
13 voters, the City Clerk shall send copies of the argument in favor
14 of the measure to the authors of the argument against and copies
15 of the argument against to the authors of the argurn(:nt in f<.i'/('I"
16 The authors may prepare and submi t rebuttal ?rgument ~ [c.t
17 exceeding two hundred fifty (250) words. The rebuttal arguments
18 must be filed with the City Clerk not later than August 12, 1986.
19 Rebuttal arguments shall be printed in accordance with Elections
20 Code Section 3787; and
21 H. That a majority vote of citizens voting on tbe
22 proposition is required for confirmation of the annE)cd JOI!..
23 SECTION 9. Territory, Precincts, and Polling Places for
24 Election.
25 The special election called by this resolution shall be held
26 within the territory described in Exhibit "A" and shown on the
27 map which is Exhib5t I!F,'o rEteto and shall be held in such
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1 precincts and at such polling places as shall be determined by
2 the Registrar of Voters of the County of San Bernardino. The
3 Board of Supervisors of the County of San Bernardino is hereby
4 requested to issue instructions to the Registrar of Voters to
5 take all steps necessary for the holding of the consolidated
6 election. 'IlE ~iCIY(}}. ::~, lit.>! l-'by authorized to execute a contract
7 for the services necessary for conducting the election.
8 SECTION 10. Filing bv City Clerk With Local Agency
9 Formation Commission and Board of Supervisors.
10 The City Clerk is hereby directed to file a certified copy
11 of this resolution with tJU? :S~)'-t:-';l)'~ ~"e OfficEr of tbe Local Agency
12 Formation Commission of the County of San Bernardino by certified
13 mail within five (5) days of the adoption hereof. The City Clerk
14 is further directed to file a certified copy of this resolution
15 with the Board of Supervisors of the County of San Bernardino and
16 the San E err b 1 (~. n (i C () u rd:- y Ih~g i s t r a r of V 0 t e r.p ·
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a
regular
meeting thereof, held on
20 the
16th day of
June
, 1986, by the
21 following vote, to wit:
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AYES:
Council Members Estrada, R~illy. M~rk~, Q1]jel,
____. _ _ _:t':Cq.~:ier~ _Strickler. _ . . . . L~ L ~_____
NAYS:
Council Member H~rnnnop.7.
ABSENT:
None
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... Ci ty Clerk
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The foregoing resolution is hereby approvEd ~JL;~"; /7C"-:' (icy
June
Approved as to form:
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8 Ci ty Atforney
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Exhibit'. At'
DESCRIPTION FOR
PROPOSED ANNEXATION
located south of Central Avenue between Waterman Avenue and
Tippecanoe Avenue.
Those certain subdivisions and portions thereof - and
adjoining street located within that County island South of
Central Avenue, between Waterman Avenue and Tippecanoe Avenue,
described as follows:
Beginning at a point on the present coorporate limits of the City
of San Bernardino, said point being the intersection of the lines
of Waterman Avenue and Pioneer Street; thence following said city
limit line North, East, South and West to the point of beginning.
Containing approximately 213 acres.
File No. 12.01-315
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