Loading...
HomeMy WebLinkAbout4880_CCv0001.pdf RESOLUTION NO. 4880 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS CONFIRMING ASSESSMENT AND ORDERING CONSTRUCTION OF IMPROVEMENTS ASSESSMENT DISTRICT NO. 91-1 WHEREAS, on November 12, 1991, the City Council (the "City Council") of the City of Redlands, California (the "City") , adopted Resolution No. 4815, the Resolution of Intention (the "Resolution of Intention") for Assessment District No. 91-1 (the "Assessment District") , declaring the intention of the City Council, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California, the Municipal Improvement Act of 1913, to order the construction of certain public improvements described therein; and WHEREAS, on March 31, 1992, the City Council adopted Resolution No. 4834 approving the report of the Engineer of Work for the Assessment District (the "Report") , setting 3 . 00 p.m. on May 5, 1992 , and the City Council Chambers of the City in the Safety Hall, 212 Brookside Avenue, Redlands, California, as the time and place for hearing protests to the proposed construction of such improvements, and providing for notice of such hearing to be given by the City Clerk; and WHEREAS, on April 21, 1992, the. City Council adopted Resolution No. 4869 amending the description of the public improvements contained in the Resolution of Intention in certain respects; and BJs112100 WHEREAS, pursuant to the direction contained in Section 10 of the Resolution of Intention, the Report contains, among other things, the information prescribed by Section 2961 of the Streets and Highways Code of the State of California with respect to (i) the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, which would require an investigation and report under Division 4 of said Code, the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, 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 determined, of the parcels of land and improvements which are proposed to be assessed; and WHEREAS, notice of the hearing of protests to the construction of such improvements was duly posted, published, and mailed, as shown by affidavits presented to the City Council, in the manner prescribed by law; and WHEREAS, the said notice which was mailed contained the information required by subdivision (c) of Section 2961 of the Streets and Highways Code; and WHEREAS, at said time and place said hearing of protests was commenced and continued by the City Council to June 2 , 1992 ; WHEREAS, notice of the continuance of said hearing of protests was mailed to the owners of the property in the Assessment District; and BJS112100 WHEREAS, on June 2 , 1992 , the hearing of protests to the construction of the public improvements described in the Resolution of Intention and the Report was recommenced and duly held by the City Council and all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard in respect of any matter relating to the construction of said improvements, to any act or determination of the City Council in relation thereto, to any matter in connection with the Report or to the correctness of the assessment or diagram, or to any other matters relating to these proceedings. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA, AS FOLLOWS: Section 1. Compliance with Special Assessment Investiga- tion, Limitation and Majority Protest Act of 1931 . The City Council finds, pursuant to Section 2961 of the Streets and Highways Code of the State of California, that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, as computed pursuant to para- graph (1) of subdivision (b) of said Section 2961., plus the principal amount of the special assessment proposed to be levied in the instant proceedings, does not exceed one-half of the total true value of the parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of said Section 2961 . The City Council further finds that compliance has been had with the requirements of Division 4 of the Streets and Highways Code of the BJS112100 -3- State of California, the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, by following the alternative procedure provided by Part 7 . 5 (commencing with § 2960) of said Division 4 . Section 3 . Necessity. The City Council finds (i) that the public interest, convenience and necessity require the construction of the improvements referred to in the Resolution of Intention and the Report for the benefit of the lands within the exterior boundaries of the Assessment District, (ii) that the project is feasible, and (iii) that the lands to be assessed therefor will be able to carry the burden of the proposed assess- ments and to pay the costs and expenses thereof. Section 4 . Benefit. The City Council finds (i) that all the land included within the boundaries of the Assessment District as shown on the diagram thereof will be benefitted by said improvements, and (ii) that the proposed assessment of the total amount of the costs and expenses of the construction of said improvements upon the several parcels and subdivisions of land in the Assessment District is in proportion to the benefits to be received by such parcels and subdivisions, respectively, from the improvements. Section 5. Confirmation of Assessment. The City Council hereby confirms the assessment and the diagram of the Assessment District, as contained in the Report, and orders the construction of the improvements. Section 6. Recordation of Assessment and Diagram. The City Clerk shall transmit said assessment and diagram to the BJS112100 -4- Superintendent of Streets who shall record them in a substantial book to be kept for that purpose in his office; and the City Clerk shall also record a copy of the diagram and a notice of assessment in the form prescribed by Section 3114 of the Streets and Highways Code of the State of California in the office of the County Recorder of the County of San Bernardino. Section 7 . Notice. The City Clerk shall mail notice of the recording of the assessment to the owners of the property assessed as provided in Sections 10404 and 5070 of said Code and shall also give notice of the recording of the assessment by publication in The Redlands Daily Facts and The Sun as provided by said Section 10404. ADOPTED this 2nd day of June, 1992 . c` Mayor .,of th-e�'City off' edlands, ATTEST: City -Cle�kk of tK, ity of Redlands, California BJS112100 —5— I, LORRIE POYZER, City Clerk of the City of Redlands, California, do hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of Redlands, California, at a regular meeting thereof held on the 2nd day of June, 1992, by the following vote of the Council: AYES: Councilmembers Larson, Milson, Foster; Mayor DeMirjyn NOES: Councilmember Cunningham ABSENT: None ABSTAIN. None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redlands, California, this 2nd day of June, 1992 . City Cler1k of the of Redlandsl Califor BJS112100 -6-