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HomeMy WebLinkAbout2019-195Resolution No. 2019-195 RESOLUTION NO. 2019-195 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 953 (16TH STREET) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the "City Council") of the City of San Bernardino, California (the "City") adopted Resolution No. 2019-88, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the "Assessment Law"), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 953 (16th Street) of the City of San Bernardino (the "Assessment District") for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o'clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 55600.00902\32163538.1 Resolution No. 2019-195 landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the "Report"), are determined pursuant the methodology in the engineer's report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (i) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the Citypcil17igned by the Mayor and attested by the City Clerk this 7th day of August 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Fldnna, MMC, ClYy Clerk Approved as to form: Gary D. Saenz, City Attorney 55600.00902\32163538.1 -2- Resolution No. 2019-195 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-195 adopted at a regular meeting held on the 7th day of August 2019 by the following vote: Council Members: AYES NAYS SANCHEZ X MARRA X FIGUEROA X SHORETT X NICKEL RICHARD X ABSTAIN ABSENT MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this 7h day of Au" 2019. Georgeann • arena, MMC, eity Clerk 55600.00902\32163538.1 -3-