HomeMy WebLinkAbout1995-364
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RESOLUTION NO.
95-364
2 RESOLUTION OF THE CITY OF SAN BERNARDINO PASSING ON THE "REPORT"
OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME
3 AND PLACE FOR PUBLIC HEARINGS
4 WHEREAS, the COMMON COUNCIL of the CITY OF SAN
5 BERNARDINO, CALIFORNIA, has instituted proceedings for the
6 installation of certain public works of improvement and
7 appurtenances under provisions of the "Municipal Improvement Act
8 of 1913", being Division 12 of the Streets and Highways Code of
9 the State of California, in a special assessment district known
10 and designated as ASSESSMENT DISTRICT NO. 1015 (NEW PINE AVENUE)
11 (hereinafter referred to as the "Assessment District"; and,
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WHEREAS, there has been prepared and filed with the
13 legislative body a "Report" provided for in sections 10203 and
14 10204 of the Streets and Highways Code of the State of
15 California,
and this "Report" has been presented for
16 consideration; and,
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WHEREAS, a Resolution of Intention for this improvement
18 was previously adopted by the legislative body; and the "Report"
19 as now presented shall stand as the "Report" for the purpose of
20 subsequent proceedings hereunder.
21 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
22 SECTION 1. That the above recitals are all true and
23 correct.
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SECTION 2. That the "Report" of the Engineer referred
25 to hereinabove is adopted, passed upon, and preliminarily
26 approved, as follows:
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1 RESO: SETTING HEARINGS IN ASSESSMENT DISTRICT NO. 1015
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3 A. That the plans and specifications for the
4 proposed improvements to be made, contained in said "Report" be,
5 and they are hereby preliminarily approved and adopted;
6 B. That the Engineer's estimate of the
7 itemized and total costs and expenses of the improvements and of
8 the incidental expenses in connection therewith contained in
9 said "Report", be, and each of them are hereby preliminarily
10 approved and adopted;
11 C. That the diagram showing the Assessment
12 District referred to and described in said Resolution of
13 Intention, and also the boundaries and dimensions of the
14 respective subdivisions of land within said Assessment District,
15 as the same existed at the time of the passage of said
16 Resolution of Intention, each of which subdivisions have been
17 given a separate number upon said diagram, as contained in said
18 "Report", be, and it is hereby preliminarily approved and
19 adopted;
20 D. That the proposed assessment upon the
21 several subdivisions of land in said Assessment District, in
22 proportion to the estimated benefits to be received by such
23 subdivisions, respectively, from said improvements, and of the
24 incidental expenses thereof, as contained in said "Report", be,
25 and they are hereby preliminarily approved and adopted;
26 E. That the descriptions of the works of
27 improvement contained in said "Report" be, and the same are,
28 hereby preliminarily approved.
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1 RESO: SETTING HEARINGS IN ASSESSMENT DISTRICT NO. 1015
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3 SECTION 3. That said "Report" shall stand as the
4 Engineer's "Report" for the purpose of all subsequent
5 proceedings had pursuant to said Resolution of Intention.
6 SECTION 4. NOTICE IS HEREBY GIVEN THAT TWO (2)
7 PUBLIC HEARINGS ARE HEREBY SCHEDULED IN THE REGULAR MEETING
8 PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY
9 HALL, AT THE FOLLOWING DATES AND TIMES:
10 A. FIRST PUBLIC HEARING: NOVEMBER 20, 1995 AT 10:00 A.M.
11 B. SECOND PUBLIC HEARING: DECEMBER 18, 1995 AT 10:00 A.M.
12 ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE
13 PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT
14 DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE
15 WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE
16 WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE
17 ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO
18 THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING.
19 IF A WRITTEN PROTEST IS FILED BY OWNERS OF MORE THAN
20 ONE-HALF OF THE AREA OF LAND TO BE ASSESSED, NO FURTHER
21 PROCEEDINGS SHALL BE TAKEN FOR A PERIOD OF ONE YEAR] UNLESS THE
22 PROTESTS ARE OVERRULED BY AN AFFIRMATIVE VOTE OF 4/5'S OF THE
23 MEMBERS OF THE LEGISLATIVE BODY, FINDING THAT THE PUBLIC HEALTH
24 AND SAFETY REQUIRE THE IMPROVEMENTS.
25 SECTION 5. That the City Clerk is hereby directed to
26 mail notice of said Public Hearings and the adoption of the
27 Resolution of Intention and of the filing of the "Report" to all
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1 RESO: SETTING HEARINGS IN ASSESSMENT DISTRICT NO. 1015
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3 persons owning real property to be assessed, whose names and
4 addresses appear on the last equalized assessment roll for
5 County taxes prior thereto, or as known to said City Clerk, and
6 to all other persons as prescribed in accordance with the
7 provisions of said Division 12.
8 SECTION 6. That the City Clerk is hereby further
9 directed to file a copy of the proposed boundary map in the
10 Office of the County Recorder within fifteen (15) days of the
11 adoption of the proposed boundary map; said boundary map to be
12 in the manner and form as set forth in Division 4.5 of the
13 Streets and Highways Code of the State of California.
14 I HEREBY CERTIFY that the foregoing resolution was
15 adopted by the Mayor and Common Council of the city of San
16 Bernardino at a reqular meeting thereof, held on the 16th
17 day of October , 1995, by the following vote, to wit:
NAYS ABSTAIN
18 council Members: AYES
19 NEGRETE x
20 CURLIN x
21 HERNANDEZ x
22 OBERHELMAN x
23 DEVLIN x
24 POPE-LUDLAM x
25 MILLER x
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SETTING HEARINGS IN ASSESSMENT DISTRICT NO. 1015
The foregoing resolution is hereby approved this
October , 1995.
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tOM MINOR, Mayor
City of San Bernardino
7 Approved as to form and legal content:
8 JAMES F. PENMAN
City Attorney
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