HomeMy WebLinkAbout18- Public Works ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Public hearing and Resolution
Ordering Amended Work — Pine Avenue
Dept: Public Works and Redwood Street Area Landscape,
Storm Drain Catch Basins and Sewer Lift
Date: March 7, 2011 Station Maintenance Assessment District
No. 1055 (Tentative Tract No. 17716).
File No. : 14.40-150A MCC Date: April 4, 2011
Synopsis of Previous Council Action: j
01/24/2006 - Tentative Tract No. 17716 was approved with conditions.
07/16/2007 - Resolution No. 2007-308 was adopted, approving the formation of Assessment
District No. 1055.
02/07/2011 —Authorization to proceed with the proposed amendment of Assessment District
No. 1055 was given and Resolution of Intention No. 2011-28 was adopted.
Recommended Motion:
1. That the public hearing relative to the proposed Amendment of Assessment District No.
1055 - Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and
Sewer Lift Station Maintenance Assessment District be closed; AND
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2. Adopt resolution (4/5ths vote required)
y
Nadeem Majaj
Contact person: Laszlo "Les"Fogassy Phone: 5226 �
i
Supporting data attached: Staff Report, Maps, Resolution. Ward: 5
FUNDING REQUIREMENTS: Amount: S78 Increase in General Benefit amount)
Source: (Acct. No.) 001-380-5181-0000-0072.
(Acct. Description) Other Operating Expense—Parks Maintenance
Finance:
Council Notes: so e?3
Agenda Item No. N
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing and Resolution Ordering Amended Work — Pine Avenue and Redwood Street Area
Landscape, Storm Drain Catch Basins and Sewer Lift Station Maintenance Assessment District No.
1055 (Tentative Tract No. 17716).
BACKGROUND:
On July 16, 2007, Resolution No. 2007-308 was adopted, approving the formation of Assessment
District No. 1055, ("District") located in the Pine Avenue and Redwood Street area. The formation of
the District was a condition of approval for Tentative Tract No. 17716. The District was formed to
assess the costs of landscape maintenance along Pine Avenue and the proportionate share of
maintenance costs for a sewer lift station to the properties receiving the benefit.
Subsequent to the formation of the District, the developer/owner, Pine Trails Partners, LLC, has
requested an amendment to the District, consisting of the addition of landscape maintenance of two
slope areas and the maintenance of four storm drain catch basins with filtration devices. The two slope
areas are a part of lots 1 and 19 respectively. These slopes will have access only from the adjacent
landscape area already included in the District. Since the slopes are along Pine Avenue, a portion of
the costs deemed to be of general benefit cannot be assessed to the District and will need to be paid
from another source, such as the General Fund. The addition of the storm drain catch basin filtration
devices is for water quality purposes in compliance with the National Pollutant Discharge Elimination
System (NPDES). All flow into the four catch basins will be from within the tract and thus 100% of
the maintenance costs will be assessed to the District.
An Amended Engineer's Report was preliminarily approved by Resolution of Intention No. 2011-28,
adopted on February 7, 2011, and is on file in the office of the City Clerk. The Resolution also set a
public hearing for April 4, 2011, to consider the proposed amendment. The Amended Engineer's
Report sets forth the details of the added maintenance and appurtenant costs. The total annual cost of
all maintenance, as shown in the original Engineer's Report, was $36,972.39, which equates to an
annual assessment of $948.01 per single family lot within the tract. The total cost as amended, is
$41,313.87, which equates to an annual assessment of$1,059.33 per single family lot. As set forth in
the original Engineer's Report, $3,712.63 of the total original costs of maintenance was determined to
be of general benefit. The amended cost increased the general benefit portion to $3,790.75, as shown in
the Amended Engineer's Report. The net increase in general benefit is $78.12. Except for the changes
set forth in the Amended Engineer's Report, the original Engineer's Report will remain in full effect,
including, but not limited to, an escalator clause allowing annual increases of up to 5% or the C.P.I.
(Consumer Price Index), whichever is less.
An assessment roll has been prepared for the increase in costs and is proposed to be assessed on the
2011/2012 assessment roll, as set forth in the Amended Engineer's Report. An amended assessment
roll for all future costs has also been prepared, and will be assessed once the District assumes the
maintenance, and is also set forth in the Amended Engineer's Report.
Staff Report— continued
The Resolution of Intention was published in the Sun newspaper, as required by law, and the property
owner was given a mailed notice of the hearing, along with assessment ballots and instructions on
completing the ballots. The ballots will be opened and tallied by the City Clerk at the conclusion of the
public hearing. Since the parcels are all owned by a single owner who has requested the amendment,
no protests are anticipated. If the majority of the ballots, each weighted by the amount of the proposed
assessment increase, support the amendment, and no majority protest exists, the attached Resolution
approving the Amended Engineer's Report and approving the amendment of the District may be
adopted. Pursuant to Section 12.90.070(B) of the San Bernardino Municipal Code, adoption of the
resolution requires an affirmative vote of not less than four-fifths of the members present and voting
thereon.
FINANCIAL IMPACT:
The applicant has paid the $5,900 processing fee. Estimated costs of annual maintenance in the amount
of $41,313, deemed to be a special benefit, will be assessed back to property owners within the
Assessment District. The estimated annual cost of maintenance in the amount of$3,790, deemed to be
a general benefit, will need to be paid from the General Fund once the District assumes maintenance.
This is an increase of$78 over a previously approved general benefit amount. This amount will be paid
from the Parks Maintenance Fund (001-380-5181-0000-0072) when the District assumes the
maintenance.
RECOMMENDATION:
1. That the public hearing relative to the proposed Amendment of Assessment District No. 1055 -
Pine Avenue and Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift
Station Maintenance Assessment District be closed; AND
2. Adopt resolution (4/5ths vote required)
Attachments:
• Vicinity Map
• Reduced copy of the Amended Assessment Diagram
• Resolution
LOCATION OF
ASSESSMENT
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VICINITY MAP
CITY OF SAN BERNARDINO Proposed Amendment of Assessment
PUBLIC WORKS DEPARTMENT District No. 1055 — Pine Avenue and
REAL PROPERTY SECTION Redwood Street Area (TT. 17716)
® indicates un—incorporated areas
within City's Sphere of Influence
(Rev. September, 2010) Created by: LaszloogG55y Date: OI-06-201!
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AMENDED ASSESSMENT DIAGRAM
I
ASSESSMENT DISTRICT NO. 1055
PINE AVENUE AND REDWOOD STREET AREA
LANDSCAPE, STORM DRAIN CATCH BASINS AND SEWER LIFT STATION
MAINTENANCE ASSESSMENT DISTRICT
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
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LOCATION OF
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Location of Sewer
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A—, VICINITY MAP San Bernardino County Recorder's Certificate
LEGEND
ASSESSMENT DISTRICT BOUNDARY SHOWN AS : This map has been filed underthe Document
yp , LA5Lo FID Io33310 APPROVED ED_ �_ Number lhs day
PROPOSED FUTURE LOT LINES SHOWN AS : of 2D_,at .m in
RY
CO Book of Assessment Mans
NIrEN0E0•r• cm TEREDS ASSESSOR'S PARCEL NUMBERS SHOWN AS: 9(s)
AND REFERENCED FOR PARTICULARS OF THE at Pa a at the request of
q DRAWING LINES AND DIMENSIONS OF SAID PARCELS. the City of San Bernardino in the amount of
1 CITY OF SAN BERNARDINO NO. $
PUBLIC WORKS DEPARTMENT ASSESSMENT NUMBERS SHOWN THUS:
1 REAL PROPERTY SECTION 11878B PARCEL(S)NIL ASSESSED PARCEL 5 SHOWN THUS:0 Dmeger
PINE AVENUE AND REDWOOD STREET SHEET I13F AREAS OF MAINTENANCE TO INCLUDE County of San Bemardno
{ AREA LANDSCAPING,STORM DRAIN I SHEETS LANDSCAPING, STORM DRAIN CATCH BASINS
d WITH FILTRATION AND SEWER LIFT STATION By
CATCH BASINS AND SEWER LIFT STATION ARE SHOWN AS ® Deputy Recorder
MAINTENANCE ASSESSMENT DISTRICT
D
Q1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO FINDING AND
3 DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY PROTEST,THAT
BALLOTS SUBMITTED IN FAVOR OF THE ASSESSMENT INCREASE EXCEED THE
4 BALLOTS SUBMITTED IN OPPOSITION TO THE ASSESSMENT INCREASE AND
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE
5 AL LANDSCAPING STORM DRAIN CATCH BASINS
M
AINTENANCE OF ADDITION ,
III
6 AND A SEWER LIFT STATION IN THE PINE AVENUE AND REDWOOD STREET
AREA, KNOWN AS ASSESSMENT DISTRICT NO. 1055, PREVIOUSLY APPROVED,
7 APPROVING THE FINAL AMENDED ENGINEER'S REPORT, AMENDING THE
ASSESSMENT DISTRICT TO COVER THE COSTS OF SAID ADDITIONAL
8 MAINTENANCE, ORDERING THE ADDITIONAL WORK, CONFIRMING THE 2011-
9 2012 ASSESSMENT ROLL,AND DETERMINING THAT THE SPECIAL ASSESSMENT
INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL
10 NOT APPLY.
11 WHEREAS, on July 16, 2007, the Mayor and Common Council of the City of San
i
12
Bernardino adopted Resolution No.2007-308,approving the formation of Assessment District No.
13
1055 in the Pine Avenue and Redwood Street area, for the maintenance of landscaping and sewer
14
15
lift station and approving the Engineer's Report; and
16 WHEREAS,pursuant to Chapter 12.90 of the San Bernardino Municipal Code,the Mayor
17 and Common Council of the City of San Bernardino have preliminarily found that the public
18
interest,convenience,and necessity require the maintenance of additional landscaping,storm drain
19 catch basins, together with the pro-rata share of maintenance costs and appurtenances for a sewer
3
20
21 lift station, in a portion of the City, as more fully hereinafter described,and the appurtenances and
22 appurtenant work and incidental costs and expenses in connection therewith, that the project is
23 feasible, and that the lands to be assessed for an increased assessment will be able to carry the
24 burden of the proposed increased assessment to pay the costs and expenses thereof; and
25 WHEREAS, on February 7, 2011, the Mayor and Common Council of the City of San
26
Bernardino preliminarily approved the Amended Engineer's Report relative to the amendment of
27
28 Assessment District No. 1055, which is on file in the office of the City Clerk, and adopted
� 1Qa
03/29/2011
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RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
1 PROTEST... PINE AVENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT
2 DISTRICT NO. 1055 ...APPROVING THE FINAL AMENDED ENGINEER'S REPORT,AMENDING
THE ASSESSMENT DISTRICT...ORDERING THE ADDITIONAL WORK,CONFIRMING THE 2011-
1 2012 ASSESSMENT ROLL,AND DETERMINING THAT THE SPECIAL ASSESSMENT
3 INVESTIGATION,LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
4
5 Resolution No. 2011-28 entitled:
6 "RESOLUTION OF THE CITY OF SAN BERNARDINO PRELIMINARILY
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE
7
THE AMENDING OF ASSESSMENT DISTRICT NO. 1055 LOCATED IN THE PINE
$ AVENUE AND REDWOOD STREET AREA WITHOUT COMPLIANCE WITH THE
SPECIAL ASSESSMENT INVESTIGATION,LIMITATION AND MAJORITY PROTEST
9 ACT OF 1931;DECLARING ITS INTENTION TO PROCEED TO AMEND THE WORK
PREVIOUSLY ORDERED WITHIN THE DISTRICT,PRELIMINARILY APPROVING
10 THE AMENDED ENGINEER'S REPORT AND GIVING NOTICE OF A PUBLIC
11
HEARING."
12 which said resolution was duly and legally published and notice given of a Public Hearing in the
13 manner required by law. Pursuant to Section 4 of Article XI11D of the California Constitution, all
14
property owners given notice were also given an Assessment Ballot to indicate support or
15
' opposition to the proposed assessment increase. Written objections and protests, if any, to the
16
17 amendment of the proposed district,the additional work to be done or the extent of the district to be
i
18 assessed were heard and considered; and
' 19 WHEREAS,an Amended Assessment Diagram of Assessment District No. 1055 has been
3
20 prepared and is on file in the office of the City Clerk; and
' 21
WHEREAS, said Resolution No. 2007-308 approved an Assessment Roll in the amount
22
23
of $36,972.39,which set forth the individual assessments to be levied on each of the parcels of
24 land within Assessment District No. 1055, for the fiscal year 2007-2008; and
25 WHEREAS, an Assessment Roll in the amount of$4,341.48 has been prepared, which
26 sets forth the individual assessment increases to be levied on each of the parcels of land within
27
Assessment District No. 1055, for the fiscal year 2011-2012,asset forth in the Amended Engineer's
28
03/29/2011 2
RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
1 PROTEST... PINE AVENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT
DISTRICT NO. 1055 ... APPROVING THE FINAL AMENDED ENGINEER'S REPORT,AMENDING
2 THE ASSESSMENT DISTRICT... ORDERING THE ADDITIONAL WORK,CONFIRMING THE 2011-
2012 ASSESSMENT ROLL,AND DETERMINING THAT THE SPECIAL ASSESSMENT
3 INVESTIGATION,LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
4
5 Report, as now submitted, on file in the office of the City Clerk; and
r
6 WHEREAS, an amended Assessment Roll in the amount of$41,313.87 has been prepared,
7 which sets forth the individual total assessments to be levied on each of the parcels of land within
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Assessment District No. 1055, for subsequent years, as set forth in said Amended Engineer's
9
10 Report.
11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
!2
SECTION 1. That a Public Hearing having been held on April 4, 2011, the Mayor and
13
14 Conimon Council,having heard and considered any and all comments received thereon and being
15 fully advised in the premises,hereby determine that any and all protests received represent less than
16 a Majority Protest, as represented by the assessment units assessable on the properties represented
17 by said protests.
18
SECTION 2.That ballots having been received and considered,it is hereby determined that
19
20 the ballots submitted in favor of the assessment increase exceed the ballots submitted in opposition
21 to the assessment increase.
22 SECTION 3. That it is hereby determined that all properties, parcels and lots within the
23 boundaries of the Assessment District receive a local and direct benefit for the additional works of
24
improvement as proposed for said Assessment District, except for portions determined to be of a
25
26 general benefit as set forth in the said Amended Engineer's Report, and it is hereby further
1
27 determined and declared that all assessable costs and expenses have been apportioned and spread
28 over the properties within the boundaries of the Assessment District in direct proportion to the
03/29/2011 3
RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
1 PROTEST... PINE AVENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT
DISTRICT NO. 1055 ... APPROVING THE FINAL AMENDED ENGINEER'S REPORT,AMENDING
2 THE ASSESSMENT DISTRICT... ORDERING THE ADDITIONAL WORK,CONFIRMING THE 2011-
2012 ASSESSMENT ROLL,AND DETERMINING THAT THE SPECIAL ASSESSMENT
3 INVESTIGATION,LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
4
5 benefits received thereby.
6 SECTION 4. That the public convenience and necessity require the proposed additional
7 maintenance and the Mayor and Common Council hereby order,by an affirmative vote of not less
8 than 4/5ths of its members present and voting, the amendment of Assessment District No. 1055,
9
along with the additional work and appurtenances described in said Resolution No. 2011-28 and
10
n appr'ved and that the Special Assessment Investigation,
said Amended Engineer's Report as herei 0
12 Limitation and Majority Protest Act of 1931 shall not apply.
13 SECTION 5.That the Amended Engineer's Report relative to the formation of Assessment
14 District No. 1055 as now submitted, together with an Amended Assessment Diagram of the
15
Assessment District,both on file in the office of the City Clerk,are hereby accepted and approved
16
d that said.Amended Engineer's Report shall stand as the Report for all future proceedings for
an
17
18 this Assessment District.
19 SECTION 6.That the Mayor and Common Council do hereby find and determine that the
20 proportionate cost increases to be levied against the parcels of land within Assessment District No.
21
1055 are correctly set forth on Assessment Roll No. 1055 for the fiscal year 2011-2012, and the
22
23 total amended proportionate costs are set forth in the Amended Assessment Roll No. 1055 for
subsequent years, as set forth in said Amended Engineer's Report, as now approved, and on file in
24
25 the office of the City Clerk of the City of San Bernardino,and do hereby confirm said assessments.
26
SECTION 7.The City Clerk is hereby authorized and directed to publish a Notice Inviting
27
Bids for performing the work ordered, in the San Bernardino County Sun, a newspaper published
28
03/29/2011 4
RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
PROTEST... PINE AVENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT
DISTRICT NO. 1055 ...APPROVING THE FINAL AMENDED ENGINEER'S REPORT,AMENDING
2
THE ASSESSMENT DISTRICT... ORDERING THE ADDITIONAL WORK,CONFIRMING THE 2011-
2012 ASSESSMENT ROLL,AND DETERMINING THAT THE SPECIAL ASSESSMENT
3 INVESTIGATION,LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
4
and circulated in said City, according to the specifications prepared or as will be prepared by the
5
6 City Engineer or the Director of Parks,Recreation and Community Services on file or to be filed in
7
their respective office, at such time when the installation of the landscaping and appurtenances
8
have been accepted by the City. The contract will be awarded pursuant to standards used by the
9
to be perforrned
City in the award of Public Works contracts.Alternatively,all or parts of the work
10
may be carried out by the City.
12 SECTION 8.It is hereby determined that the amendment of Assessment DistrictNo. 1055
13 is categorically exempt from the requirements of the California Environmental Quality Act
14
(CEQA), pursuant to Class 1, Section 15301(c).
15
SECTION 9. Reference hereby is made to said Resolution No.2011-28 and said Amended
16
ort for a description of the additional work,the extent of the assessment district,the
Engineer'.s Rep
17
18 financing alternatives and for further particulars.
19 SECTION 10. That the City Clerk is directed to cause a copy of this Resolution to be
20 transmitted to the office of the Auditor-Controller for the County of San Bernardino with the
21
request that the individual assessment increases as shown on Assessment Roll No. 1055 be placed
22
on the subject 2011-2012 property tax bills for collection together with all other property taxes.
23
24
25
26
27
28
03/29/2011 5
RESOLUTION...FINDING AND DETERMINING THE EXISTENCE OF LESS THAN A MAJORITY
1 PROTEST... PINE AVENUE AND REDWOOD STREET AREA, KNOWN AS ASSESSMENT
DISTRICT NO. 1055 ...APPROVING THE FINAL AMENDED ENGINEER'S REPORT,AMENDING
2 THE ASSESSMENT DISTRICT... ORDERING THE ADDITIONAL WORK,CONFIRMING THE 2011-
2012 ASSESSMENT ROLL,AND DETERMINING THAT THE SPECIAL ASSESSMENT
3 INVESTIGATION,LIMITATION AND MAJORITY PROTEST ACT OF 1931 SHALL NOT APPLY.
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof held on
7 the _ day of , 2011, by the following vote, to-wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
10 MARQUEZ
11 VACANT
12 BRINKER
13 SHORETT
14
KELLEY
15
JOHNSON
16
17 MCCAMMACK
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of , 2011.
21
22
PATRICK J. MORRIS, Mayor
23 City of San Bernardino
24
Approved as to form:
25
26 �Q
27 J S F. PENMAN, City Attorney
28
03/29/2011 6
CITY OF SAN BERNARDINO
Inter-Office Memorandum
TO: RACHEL CLARK, City Clerk
FROM: Laszlo "Les"Fogassy, Real Property Manager, Public Works
SUBJECT: Amended Assessment Diagram & Notices ---Amended AD 1055 / Tentative Tract
No. 17716
DATE: February 9, 2011
COPIES: File 14.40-150A
Linda Sutherland, Deputy City clerk
Margaret Fedor via email w/attachment
Relative to the proposed amendment of Assessment District 1055, (Pine Avenue and Redwood Street
Area Landscape, Storm Drain Catch Basins and Sewer Lift Station Maintenance Assessment District),
attached are 6 copies of the Amended Assessment Diagram.(2 Mylar and 4 Bond copies). Please
complete the filing statements on all copies of the map as well as the certification of the prior approval
of the Boundary Map and prior Assessment Diagram.
Attached also is a Notice of Amended Assessment, a Notice of Filing of Amended Assessment and
Amended Assessment Declaration. The filing statement on the Amended Assessment Declaration will
need to be completed at this time.
Assessment Ballots were mailed on February 9, 2011. The ballots will be returned to your office and the
envelops should be marked "Assessment Ballots: AD 1055". The ballots will need to remain sealed
until the public hearing on April 4, 2011. After the close of the public hearing the ballots will need to
be opened and tallied. Ballots are weighted by the assessment amount increase, as shown on the ballot
(Attached is a sample ballot that was mailed). There are three parcels in the District that will be
assessed, thus three ballots were mailed. If the total assessments represented by ballots in favor of the
increase are greater then the total ballots in opposition, then approval of the district may be considered
by the Mayor and Common Council. If not, proceeding must terminate. Attached for your convenience is
a sample script for this item.
A Resolution Determining Less then a Majority Protest, Ordering the Amended Work, Approving the
Amended Engineer's Report and Confirming the 2011-2012 Assessment Roll will appear on the April 4,
2011. If no majority protest exists and a majority of ballots returned are favorable to the increase, the
resolution may be considered by the Mayor and Common Council for their action. If the Resolution is
adopted, the following items will need to be completed:
I. Complete the necessary statements on the Amended Assessment Diagram (all copies) regarding the
levying of an assessment. Insert the date the resolution was adopted in the City Engineers Recording
statement. File one Mylar with the County Recorder. Indicate the recording information in the lower
right block of each copy of the map. Return 1 Mylar, and 3 Bond prints to this office and keep 1
bond copy for your records, as indicated. The Notice of Amended Assessment will also need to be
completed and filed with the County recorder at the same time as the Amended Assessment
Diagram.
Date to File Amended Assessment Diagram and Notice of Amended Assessment: April 13,
2011. /y-
41- 41- 11
f �
Suggested script for April 4, 2011 Council Meeting relative to this item:
1. Mayor to open Public Hearing and receive any comments, protests or ballots relative to this item.
2. Mayor to Close the Public Hearing and request a tally of ballots from City Clerk.
3. City Clerk to open and tally the ballots and declare the results (e.g. majority in favor of the
increase or majority in opposition to the increase). Ballots are weighted by the assessment
amounts.
4. If less than a majority protest exists and majority of ballots returned are favorable to the proposed
assessment increase, the Mayor and Common Council may take action on the Resolution.
5. If a majority protests exists OR less than a majority of ballots are favorable to the increase,
proceedings must terminated.
• v �O� ��
Ad
Suggested script for April 4, 2011 Council Meeting relative to this item:
1. Mayor to open Public Hearing and receive any comments, protests or ballots relative to this item.
2. Mayor to Close the Public Hearing and request a tally of ballots from City Clerk.
3. City Clerk to open and tally the ballots and declare the results (e.g. majority in favor of the
increase or majority in opposition to the increase). Ballots are weighted by the assessment
amounts.
4. If less than a majority protest exists and majority of ballots returned are favorable to the proposed
assessment increase, the Mayor and Common Council may take action on the Resolution.-
5. If a majority protests exists OR less than a majority of ballots are favorable to the increase,
proceedings must terminated.
s