HomeMy WebLinkAbout2001 027 CC RESO2001 027 CC RESO¹òw @˜ ˆ ï 2001 RESO 2001-027Œ"[HmRESOLUTION NO. 2001-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA PRELIMINARILY APPROVING ENGINEER'S
REPORT AND ORDERING THAT A PUBLIC HEARING BE HELD ON
MAY 16, 2001, FOR PROPOSED BALDWIN AVENUE ASSESSMENT
DISTRICT 2000-1 AND DIRECTING ACTIONS WITH RESPECT
THERETO
NOW, THEREFORE, BE IT RESOLVED, As follows:
1. Resolution of Intention. On September 20, 2000, this Council adopted
Resolution No. 2000-90, 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. 2000-1, 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 Baldwin Avenue
Assessment District No. 2000-1 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
maybe necessary pursuant to Chapter 2 of the Act.
2. Engineer's Report. 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.
3. Engineer's Report Preliminarily Approved. 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.
4. Hearing. 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, May 16, 2001, at the
hour of 7:00 o'clock p.m. 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.
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2001 027 CC RESO¹òw @˜ ˆ ï 2001 RESO 2001-027Œ"[HmResolution No. 2001-027
Page 2
5. Notice of Hearing. 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 record owner 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
continued public hearing, and the assessment ballots contained therein shall supercede
any assessment ballots previously distributed or received by the City Clerk, which
previously distributed and/or received ballots shall be null and void.
6. Ballots. 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.
7. Boundary Map. 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
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2001 027 CC RESO¹òw @˜ ˆ ï 2001 RESO 2001-027Œ"[HmResolution No. 2001-027
Page3
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 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 continued 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.
8. No Private Contract. 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 March 21, 2001.
Mar^uel Loz|^, Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF BALDWIN PARK
I, Rosemary Ramirez, Deputy City Clerk of the City of Baldwin Park, hereby
certify that Resolution No. 2001-027 was duly passed and adopted at a regular meeting
of the City Council held on March 21, 2001, and said Resolution was passed and
adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUMOlLMEMBERS:
ROSEMARY
Deputy City Cl
Marlen Garcia, Ricardo Pacheco, William Bill"
Van Cleave, Mayor Pro Tern Linda Gair and
Mayor Manuel Lozano
None
None
None
MIREZ, CMC
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