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Home My WebLink About2005 049 CC RESO2005 049 CC RESOö˜Ðw`òÕw¢]¯RESOLUTION NO. 2005-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA. PRELIMINARILY APPROVING ENGINEER'S REPORT AND ORDERING PUBLIC HEARING FOR PROPOSED CRAGMONT STREET IMPROVEMENT ASSESSMENT DISTRICT 2005-01 AND DIRECTING ACTIONS WITH RESPECT THERETO THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Resolution of Intention. WHEREAS, on February 16. 2005, this Council adopted Resolution No. 2005-012 A Resolution of the City Council of Baldwin Park, California Declaring Its Intention to Order the Construction of Certain Improvements in proposed Assessment District No. 2005-01, the Resolution of Intention") under the Municipal Improvement Act of 1913. Division 12 of the Streets and Highways Code of California, the Act") to initiate proceedings under the Act in and for the City's Cragmont Street Improvement Assessment District No. 2005-01 the Assessment District"). The Resolution of Intention is hereby amended to provide that all publicly-owned property in the Assessment District shall be subject to assessment to the extent that such property is found to be specially benefited from the improvements contemplated herein, and to state the intention of this Council to enter into any agreements with other public agencies that may be necessary pursuant to Chapter 2 of the Act. Engineer's Report. WHEREAS, the Resolution of Intention referred the acquisitions and improvements described therein to the person designated therein as the Engineer of Work and directed the Engineer of Work to prepare and file with the City Clerk a report the Engineer's Report") pursuant to the Act and containing information set forth in the Resolution of Intention, to which reference is hereby made for further particulars. Engineer's Report Preliminarily Approved. WHEREAS, the Engineer of Work has prepared and filed the Engineer's Report with the City Clerk, and this Council with the aid of City staff has reviewed the Engineer's Report, and hereby finds it to be sufficient for. and that it shall stand for purposes of subsequent proceedings for the Assessment District and the Engineer's Report is hereby preliminarily approved. Hearing. WHEREAS, Pursuant to the Act, this Council hereby orders that a public hearing shall be held before this Council, in the Chambers of the City Council in City Hall. 14403 East Pacific Avenue. Baldwin Park. California, on Wednesday. July 20. 2005, at the hour of 7:00 o'clock for the purposes of this Council's determination whether the public interest, convenience and necessity require the acquisitions and improvements and this Council's final action upon the Engineer's Report and the assessments therein. BIB] 38630-U01 2005-U02 049-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73359-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 BIB] 38630-U01 2005-U02 049-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73359-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 049 CC RESOö˜Ðw`òÕw¢]¯Resolution No. 2005-049 Page 2 Notice of Hearing. WHEREAS, the City Clerk is hereby authorized and directed to cause notice of the continued hearing to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the City and the return address of the City Clerk as the sender. The mailed notice shall be given to all property owners within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Los Angeles or the State Board of Equalization assessment roll, as the case may be. The amount of the proposed assessment for each parcel shall be calculated and the owner of record of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot, which includes the property owner's name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financing obligation of the affected property) will result in the assessment not being imposed. Each mailed ballot shall include a scalable return envelope with the City's address for receipt of completed ballots. The notice herein provided shall be mailed not less than forty-five 45) days before the date of the public hearing. Ballots. WHEREAS, the City Clerk is hereby designated as the impartial person responsible for the tabulation of the ballots. The City Clerk shall maintain a separate and secure file for the safekeeping of the assessment ballots as they are received and pending tabulation. Ballots shall be received up to the time of the closing of the public hearing. Ballots shall remain sealed until the close of the public hearing and the beginning of the tabulation, provided that ballots may be submitted, or changed, or withdrawn by the person submitting the ballot prior to the conclusion of the public hearing. During and after tabulation, the ballots shall be disclosable public records under Section 6252 of the California Government Code. Boundary Map. WHEREAS, the proposed boundaries of the proposed Assessment District are hereby described as shown on a map thereof on file in the office of the City Clerk the Boundary Map"), which indicates by a boundary line the extent of the territory to be included in the proposed Assessment District and which Boundary Map shall govern for all details for further purposes of the proceedings for the Assessment District and to which reference is hereby made for further particulars. The City Clerk is hereby authorized and directed to endorse upon the original and at least one copy of the Boundary Map the date of the filing thereof and date and adoption of this resolution and to cause a copy of the Boundary Map to be filed with the County Recorder of the County of Los Angeles, in which all of the proposed Assessment District BIB] 38630-U01 2005-U02 049-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73359-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 BIB] 38630-U01 2005-U02 049-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73359-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 049 CC RESOö˜Ðw`òÕw¢]¯Resolution No. 2005-049 Page3 is located, within fifteen 15) days of the adoption of this resolution, but in no event later than fifteen 15) days in advance of the date of the public hearing. The County Recorder shall endorse upon the Boundary Map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts, which the County Recorder shall keep in his or her office. The County Recorder shall index the Boundary Map by the name of the City and by the distinctive designation of the proposed Assessment District. No Private Contract WHEREAS, notice is hereby given that, in the opinion of this Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and therefore that, pursuant to Section 20487 of the California Public Contract Code; no notice of award of contract shall be published. APPROVED AND ADOPTED on June 1. 2005 MAYQR ATTEST: STATE OF CALIFORNIA I COUNTY OF LOS ANGELES F ss CITY OF BALDWIN PARK J I, ROSEMARY M. RAMIREZ. Chief Deputy City Clerk of the City of Baldwin Park, hereby certify that Resolution No. 2005-049 was duly passed and adopted at a regular meeting of the City Council held on June 1. 2005, and said Resolution was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS; COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Marlen Garcia, David J. Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco. and Mayor Manuel Lozano NONE NONE NONE ROSEMARY KTRAiMIREZ, CMC CHIEF DEPUTY CITY CLERK BIB] 38630-U01 2005-U02 049-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73359-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 BIB] 38630-U01 2005-U02 049-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73359-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04