HomeMy WebLinkAbout2012-053
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RESOLUTION NO. 2012-';1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST, THAT
3 BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMENT EXCEED THE BALLOTS
4 SUBMITTED IN OPPOSITION TO THE ASSESSMENT AND THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE MAINTENANCE OF
5 LANDSCAPING, A DETENTION BASIN AND STORM DRAINS IN THE
TIPPECANOE A VENUE AND CENTRAL AVENUE AREA, APPROVING THE FINAL
6 ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRICT TO COVER THE
7 COSTS OF SAID MAINTENANCE, KNOWN AS ASSESSMENT DISTRICT NO. 1068,
ORDERING THE WORK, CONFIRMING THE 2012-2013 ASSESSMENT ROLL, AND
8 DETERMINING THAT THE SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
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10 WHEREAS, pursuant to Chapter 12.90 of the San Bernardino Municipal Code, the
11 Mayor and Common Council of the City of San Bernardino have preliminarily found that the
12 public interest, convenience, and necessity require the maintenance of landscaping in a portion of
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the City, as more fully hereinafter described, and the appurtenances and appurtenant work and
15 incidental costs and expenses in connection therewith, that the project is feasible, and that the
16 lands to be assessed will be able to carry the burden of the proposed assessments to pay the costs
17 and expenses thereof; and
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WHEREAS, on December 5, 2011, the Mayor and Common Council of the City of San
Bernardino preliminarily approved the Engineer's Report relative to the formation of Assessment
21 District No. 1068, which is on file in the office of the City Clerk, and adopted Resolution No.
22 2011-319 entitled:
23 "RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
24 OF SAN BERNARDINO PRELIMINARILY DETERMINING THAT THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF A LANDSCAPE,
25 DETENTION BASIN AND STORM DRAIN MAINTENANCE ASSESSMENT
DISTRICT LOCATED IN THE TIPPECANOE AVENUE AND CENTRAL AVENUE
26 AREA WITHOUT COMPLIANCE WITH THE SPECIAL ASSESSMENT
27 INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931;
DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE
28 DISTRICT, TO BE KNOWN AS ASSESSMENT DISTRICT NO. 1068;
2012-53
1 PRELIMINARILY APPROVING THE ENGINEER'S REPORT AND GIVING NOTICE
OF A PUBLIC HEARING."
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which said resolution duly and legally was published and notice given of a Public Hearing in the
4 manner required by law, and pursuant to Section 4 of Article XmD of the California
5 Constitution, all property owners given notice were also given an Assessment Ballot to indicate
6 support or opposition to the proposed assessment, and written objections and protests, if any, to
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the formation of the proposed district, the work to be done or the extent of the district to be
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assessed were heard and considered; and
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10 WHEREAS, a Diagram of the Assessment District has been prepared and is on file in the
11 office of the City Clerk; and
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WHEREAS, an Assessment Roll has been prepared totaling $34.441.16. which sets forth
the individual assessments to be levied on each of the parcels of land within Assessment District
15 No. 1068, for the fiscal year 2012-2013, as set forth in the Engineer's Report, as now submitted,
16 on file in the office of the City Clerk.
17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
18 OF SAN BERNARDINO AS FOLLOWS:
19 SECTION 1. That a Public Hearing having been held February 6, 2012, and continued to
20 February 21, 2012, and continued to March 19,2012, the Mayor and Common Council, having
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heard and considered any and all comments received thereon and being fully advised, hereby
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determine that any and all protests received represent less than a Majority Protest, as represented
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24 by the assessment units assessable on the properties represented by said protests.
25 SECTION 2. That ballots having been received and considered, it is hereby determined
26 that the ballots submitted in favor of the assessment exceed the ballots submitted in opposition to
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the assessment.
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SECTION 3. That it is hereby determined that all properties, parcels and lots within the
2 boundaries of the Assessment District receive a local and direct benefit for the works of
3 improvement as proposed for said Assessment District, except for portions determined to be of a
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general benefit as set forth in said Engineer's Report, and it is hereby further determined and
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declared that all assessable costs and expenses have been apportioned and spread over the
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7 properties within the boundaries of the Assessment District in direct proportion to the benefits
8 received thereby.
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SECTION 4. That the public convenience and necessity require the proposed
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maintenance and the Mayor and Common Council hereby order, by an affirmative vote of not
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less than 4/5ths of its members present and voting, the formation of Assessment District No.
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13 1068, along with the work and appurtenances described in said Resolution No. 2011-319 and
14 said Engineer's Report as herein approved and that the Special Assessment Investigation,
15 Limitation and Majority Protest Act of 1931 shall not apply.
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SECTION 5. That the Engineer's Report relative to the formation of Assessment District
18 No. 1068 as now submitted, together with a Diagram of the Assessment District, both on file in
19 the office of the City Clerk, are hereby accepted and approved and that said Engineer's Report
20 shall stand as the Report for all future proceedings for this Assessment District.
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SECTION 6. That the Mayor and Common Council do hereby fmd and determine that
the proportionate costs to be levied against the parcels of land within Assessment District No.
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24 1068 are correctly set forth on Assessment Roll No. 1068 for the fiscal year 2012-2013, as set
25 forth in said Engineer's Report, as now approved, and on file in the office of the City Clerk of the
26 City of San Bernardino, and do hereby confirm said assessments.
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SECTION 7. The City Clerk is hereby directed and authorized to publish a Notice
2 Inviting Bids for performing the work ordered, in the San Bernardino County Sun, a newspaper
3 published and circulated in said City, Iilccording to the specifications prepared or as will be
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prepared by the City Engineer and on file or to be filed in the office of the City Engineer, at such
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time when the installation of the landscaping and appurtenances has been accepted by the City.
7 The contract will be awarded pursuant to standards used by the City in the award of Public
8 Works contracts.
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SECTION 8. It is hereby determined that the formation of the assessment district is
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categorically exempt from the requirements of the California Environmental Quality Act
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(CEQA), pursuant to Class 1, Section 15301(c).
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13 SECTION 9. Reference hereby is made to said Resolution No. 2011-319 and said
14 Engineer's Report for a description of the work, the extent of the assessment district, the
15 financing alternatives and for further particulars.
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SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be
18 transmitted to the office of the Auditor-Controller for the County of San Bernardino with the
19 request that the individual assessments as shown on Assessment Roll No. 1068 be placed on the
20 subject 2012-2013 property tax bills for collection together with all other property taxes.
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2012-53
1 RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... TIPPECANOE AVENUE AND CENTRAL AVENUE AREA, APPROVING THE FINAL
2 ENGINEER'S REPORT, CREATING AN ASSESSMENT DISTRlCT...NO. 1068, ORDERING THE
WORK, CONFIRMING THE 2012-2013 ASSESSMENT ROLL, AND DETERMINING THAT THE
3 SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931
4 SHALL NOT APPLY.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a i oint regular
meeting thereof held
on the
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19th day of
,2012, by the following vote, to-wit:
March
AYES
NAYS
ABSTAIN ABSENT
9 Council Members:
L-0~~
Georgeann anna, City erk
21 The foregoing resolution is hereby approved this ~y of March
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MARQUEZ
JENKINS
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VALDIVIA
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SHORETT
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KELLEY
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JOHNSON
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MCCAMMACK
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,2012.
~YO'
1 an Bernardino
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