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HomeMy WebLinkAbout1992-156 . . 1 RESOLUTION NO. 92-156 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE 3 FOR PUBLIC HEARING IN ASSESSMENT DISTRICT NO. 1003 4 WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, 5 CALIFORNIA, has instituted proceedings for the installation of certain 6 public works of improvement and appurtenances under provisions of the 7 "Municipal Improvement Act of 1913", being Division 12 of the Streets and 8 Highways Code of the State of California, in a special assessment district 9 known and designated as ASSESSMENT DISTRICT NO. 1003 (hereinafter referred 10 to as the "Assessment District"); and, 11 WHEREAS, there has been prepared and filed with the legislative 12 body a "Report" provided for in Sections 10203 and 10204 of the Streets 13 and Highways Code of the State of California, and this "Report" has been 14 presented for consideration; and, 15 WHEREAS, a Resolution of Intention for this improvement was pre- 16 viously adopted by the legislative body; and the "Report" as now presented 17 shall stand as the "Report" for the purpose of subsequent proceedings here- 18 under; and 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 20 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 21 22 SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" of the Engineer referred to herein- 23 above is considered adopted, passed upon, and preliminarily approved, as 24 follows: 25 A. That the plans and specifications for the 26 proposed improvements to be made, contained in said "Report" be, and they 27 are hereby preliminarily approved and adopted; 28 04/27/92 r. , RESOLUTION PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELII"INARY APPROVAL AND SETTING TIME AND PLACE FOR PUBLIC HEARING --~ AD 1003 1 B. That the Engineer'S estimate of the itemized and 2 total costs and expenses of said acquisition, where necessary, and improve- 3 menta, and of the incidental. expenses in connection therewith, contained 4 in said "Report", be, and each of them are hereby preliminarily approved 5 and adopted; 6 C. That the diagram showing the Assessment District 7 referred to and described in said Resolution of Intention, and also the 8 boundaries and dimensions of the respective subdivisions of land within 9 said Assessment District, as the same existed at the time of the passage 10 of said Resolution of Intention, each of which subdivisions have been 11 given a separate number upon said diagram, as contained in said "Report", 12 be, and it is hereby preliminarily approved and adopted; 13 D. That the pruposed assessment upon the several 14 subdivisions of land in said Assessment District, in proportion to the 15 estimated benefits to be received by such subdivisions, respectively, from 16 said acquisition and improvements, and of the incidental expenses thereof, 17 as contained in said "Report", be, and they are hereby preliminarily 18 approved and adopted; 19 E. That the maps and descriptions of the lands and 20 easements to be acquired, as contained in said "Report" be, and the same 21 are hereby preliminarily approved; 22 SECTION 3. That said "Report" shall stand as the Engineer's 23 "Report.. for the purpose of all subsequent proceedings had pursuant to 24 said Resolution of Intention. 25 SECTION 4. NOTICE IS HEREBY GIVEN THAT ON MONDAY, THE 15TH DAY 26 OF JUNE, 1992, AT THE HOUR OF 10:00 O'CLOCK A.M., IN THE REGULAR MEETING 27 PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, ANY 28 04-15-92 2 RESOLUTION PASSlt>:G ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL AND SETTING TIME AND PLACE FOR PUBLIC HEARING -_: AD ioo3 1 2 3 AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN 4 ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE 5 ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY 6 7 CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. SECTION 5. That the City Clerk is hereby directed to give 8 notice of said Public Hearing by causing to be conspicuously posted on all 9 open streets within the Assessment District, not more than 300 feet apart 10 on each street so posted, but not less than 3 in all, notice of the 11 passage of the Resolution of Intention and of this Resolution, all in 12 accordance with the provisions of said Division 12. 13 SECTION 6. That the City Clerk is hereby directed to give 14 notice of said Public Hearing and of the passage of the Resolution of 15 Intention and this Resolution by causing such notice to be published in 16 accordance with Section 6066 of the Government Code, in the newspaper 17 previously designated as the newspaper for all publications as required by 18 law and as necessary for completion of this Assessment District. 19 SECTION 7. That the City Clerk is hereby directed to mail 20 notice of said Public Hearing and the adoption of the Resolution of 21 Intention and of the filing of the "Report" to all persons owning real 22 property proposed to be assessed, whose names and addresses appear on the 23 last equalized assessment roll for County taxes prior thereto, or as known 24 to said City Clerk, and to all other persons as prescribed in accordance 25 with the provisions of said Division 12. 26 SECTION B. That the City Clerk is hereby further directed to 27 file a copy of the proposed boundary map in the Office of the County 28 04-15-92 3 . RESOLUTION PASS'ING ON THE "REPORT" OF THE ENGINEER, GIVIKG PRELIMINARY APPROVAL AND SETTING TIME AND PLACE FOR PUBLIC HEARING u: AD 1003 1 2 3 Recorder within fifteen (15) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in 4 Division 4.5 of the streets and Highways Code of the State of California. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 6 4th day of Mav reqular meeting thereof, held on the 7 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X REILLY X HERNANDEZ X MAUDSLEY X MINOR X POPE-LUDLAM X MILLER X 8 9 10 11 12 13 14 15 16 17 18 19 f2~~~ '- City Clerk 6th 20 The foregoing resolution is hereby approved ~iS May , 1992. 21 22 23 24 day of A Approved as to form and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 By: Ck/l'w~ 7.f~ 28 0 04-15-92 4