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HomeMy WebLinkAbout4834_CCv0001.pdf RESOLUTION NO. 4834 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING ENGINEER'S REPORT AND APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO PROPOSED PUBLIC IMPROVEMENTS ASSESSMENT DISTRICT NO. 91-1 WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") , has initiated proceedings pursuant to the Municipal Improvement Act of 1913 , Division 12 of the Streets and Highways Code, and the Improvement Bond Act of 1915, Division 10 of said Code, for the purpose of forming an assessment district, including portions of the City which will benefit from the construction of public improvements to be financed with the proceeds of bonds to be issued pursuant to the Improvement Bond Act of 1915; and WHEREAS, the City Council has adopted Resolution No. 4815 entitled "Resolution of the City Council of the City of Redlands Declaring Intention to order the Construction of Certain Public Improvements Within and for a Proposed Assessment District and the Payment of Certain Expenses Incidental Thereto Pursuant to the Municipal Improvement Act of 1913 , Describing the Assessment District to be Assessed to Pay the Costs and Expenses of Such Improvements, and Determining that Bonds Shall be Issued in the Amount of the Unpaid .Assessment Pursuant to the Improvement Bond Act of 1915, " which resolution is the Resolution of Intention with respect to the proceedings for the proposed assessment district and the sale of said bonds (the "Resolution of Intention") ; and WHEREAS, pursuant to the Resolution of Intention, the Assessment Engineer has prepared and filed its report with the City Clerk as provided for in Sections 10203 and 10204 of the Streets and Highways Code, and the City Clerk has presented said report to the City Council for review and consideration; and WHEREAS, the City Council desires to pass on said report and appoint a time and place for the hearing of protests to the construction of the public improvements; NO.;, THEREFORE, DE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Report. The Report of the Assessment Engineer (the "Report") contains all matters required by Section 10204 of the Streets and Highways Code. The Report further contains, pursuant to Section 2961 of the Streets and Highways Code, as ordered by the City Council in Section 10 of the Resolu- tion of Intention, the following information: (i) the total amount, as near as may be determined, of the total principal of all unpaid special assessments required or proposed to be levied under any completed or pending assessment proceedings, which would require an investigation and report under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 (commencing with § 2800) of the Streets and Highways Code, against the total area proposed to be assessed; and (ii) the total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed. Based on -2- BJS84665 the Report, the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed as computed pursuant to clause (ii) above, plus the principal amount of the special assessments proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of said Section 2961 . The Report is therefore in proper form and does not require modifica- tion, and the Report is hereby adopted, passed upon and preliminar- ily approved. Section 2 . Hearing. The time of 3 : 00 p.m. on May 5, 1992 , at the City Council Chambers of the City in the Safety Hall, 212 Brookside, Redlands, California, are appointed as the time and place for hearing protests to the proposed public improvements. Any and all persons having any objections to the proposed construc- tion of the public improvements, or the proposed assessment on the land within the proposed assessment district, or any parcel thereof, or the extent of the assessment district may appear and show cause why the construction of the public improvements should not be accomplished in accordance with the Resolution of Intention and the Report. Protests must be in writing and must be delivered to the City Clerk at or before the time set for the hearing. Section 3 . Inquiries. The City Council does hereby designate Ronald Mutter, Director of Public Works/City Engineer, --3-- BJS84665 telephone number (714) 798-7655, as the person to answer inquiries regarding the protest proceedings. Section 4 . Notice. The City Clerk is directed to give notice of the hearing as follows: (a) The City Clerk shall cause notices of the passage of the Resolution of Intention and of this resolution to be posted conspicuously on all open streets within the Assessment District, not more than 300 feet apart on each street so posted, but not less than three in all, all in accordance with Sections 10302 and 10303 of the Streets and Highways Code. (b) The City Clerk shall also give notice of said hearing, and of the adoption of the Resolution of Intention and of this resolution by causing such notice to be published in accordance with Section 6066 of the Government Code in The Redlands Daily Facts and The Sun, newspapers of general circulation published and circulated in the City, once a week for two successive weeks with at least five (5) days interven- ing between the respective publication dates, not counting such publication dates, as prescribed by Section 10304 of the Streets and Highways Code. Said notices shall be posted and first published at least twenty (20) days before the date set for the hearing of protests. (c) At least twenty (20) days before the date set for the hearing of protests, the City Clerk shall, pursuant to _4_ BJS84665 Sections 10306 and 10307 of the Streets and Highways Code, mail, postage prepaid, notice of said hearing and of the adoption of the Resolution of Intention, and the filing and approval of the Report to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized assessment roll for taxes of the County of San Bernardino, or who are known to the City Clerk. Upon the completion of the mailing of said notices, the City Clerk shall file with the City Council a declaration setting forth the time and manner of the compliance with the requirements of this resolution for publishing, posting, and mailing notices. ADOPTED, SIGNED AND APPROVED this 31st day of March, 1992 . r Mayor of the City 1f�Redlands V ATTEST; City Clerk of th , 'ty of Redlands -5- BJS84665 I, Lorrie Poyzer, City Clerk of the City of Redlands, do hereby certify that the foregoing resolution was adopted by the City Council of the City of Redlands at an adjourned regular meeting thereof held on the 31st day of March, 1992 , by the following vote, to wit: AYES; Councilmembers Larson, Milson; Mayor DeMirjyn NOES: Councilmembers Cunningham, Foster ABSENT: None ABSTAINED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redlands this3lst day of March 1992 . City C erk of th ty of Redlands, Califorrrla -6- BJS84665