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HomeMy WebLinkAbout1991-019 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ RESOLUTION NO. 91-19 RESOLUTION OF THE CI'TJ:' OF SAN BERNARDINO PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, CALIFORNIA, has instituted proceedings for the acquisition of certain public works of improvement and appurtenances under provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and desig- nated as ASSESSMENT DISTRICT' NO. 977B (hereinafter referred to as the "Assessment District"); and, WHEREAS, there has been prepared and filed with the legisla- tive body a "Report" provided for in Sections 10203 and 10204 of the Streets and Highways Code of the State of California, and this "Report" has been presented for consideration; and, WHEREAS, a Resolution of Intention for this improvement was previously adopted by the legislative body; and the "Report" as now presented shall stand as the "Report" for the purpose of subsequent proceedings hereunder. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" of the Engineer referred to hereinabove is considered adopted, passed upon, and prelimina- rily approved, as follows: 1/3/91 . . ,"r'" . RESOLUTION SETTING HEARING ON ASSESSMENT DISTRICT NO. 977B 1 A. That the plans for the "as-built" improve- 2 3 mente to be made, contained in said "Report" be, and they are 4 hereby preliminarily approved and adopted; 5 B . That the Engineer's estimate of the 6 itemized and total costs and expenses of said "as-built" acquisi- 7 tion and improvements, and of the incidental expenses in connec- 8 tion therewith, contained in said "Report", be, and each of them 9 are hereby preliminarily approved and adopted; 10 c. That. the diagram showing the Assessment 11 District referred to and described in said Resolution of Inten- 12 tion, and also the boundaries and dimensions of the respective 13 subdivisions of land within said Assessment District, as the 14 same existed at the time of the passage of said Resolution of 15 Intention, each of which subdivisions have been given a separate 16 number upon said diagram, as contained in said "Report", be, and 17 it is hereby preliminarily approved and adopted; 18 D. That the proposed assessment upon the 19 several subdivisions of land in said Assessment District, in 20 proportion to the estimated benefits to be received by such 21 subdivisions, respectively, from said acquisition, and of the 22 incidental expenses thereof, as contained in said "Report", be, 23 and they are hereby preliminarily approved and adopted; 24 E. That the maps and descriptions of the lands 25 and easements to be acquired, as contained in said "Report" be, 26 and the same are hereby preliminarily approved; 27 F . That said "Report" shall stand as the 28 Engineer's "Report" for the purpose of all subsequent proceed- ings had pursuant to said Resolution of Intention. RESOLUTION SETTING PUBLIC-HEARING FOR ASSESSMENT DISTRICT NO. 977B 1 SECTION 3. NOTICE IS HEREBY GIVEN THAT ON MONDAY, THE 4TH 2 DAY OF MARCH, 1991, AT THE ,HOUR OF 10:00 O'CLOCK A.M., IN THE 3 REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE 4 COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY 5 OBJECTIONS TO THE PROPOSED ACQUISITION, OR ASSESSMENT, OR EXTENT 6 OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY 7 APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE ACQUIRED IN 8 ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF 9 THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED 10 TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC 11 HEARING. 12 SECTION 4. That the City Clerk is hereby directed to give 13 notice of said Public Hearing. by causing to be conspicuously 14 posted on all open streets within the Assessment District, not 15 more than 300 feet apart on each street so posted, but not less 16 than 3 in all, notice of the passage of the Resolution of 17 Intention and of this Resolution, all in accordance with the 18 provisions of said Division 12. 19 SECTION 5. That the City Clerk is hereby directed to give 20 notice of said Public Hearing and of the passage of the Reeolu- 21 tion of Intention and this Resolution by causing such notice to 22 be published in accordance with Section 6066 of the Government 23 Code, in the newspaper previously designated as the newspaper 24 for all publications as required by law and as necessary for 25 completion of this Assessment District. 26 SECTION 6. That the City Clerk is hereby directed to mail 27 notice of said Public Hearing and the adoption of the Resolution 28 , RESOLUTION SETTING HEARING ON ASSESSMENT DISTRICT NO. 977B 1 2 of Intention and of the fiiing of the "Report" to all persons 3 owning real property propos'ed to be assessed, whose names and 4 addresses appear on the last equal ized 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 provi- 7 sions of said Division 12. 8 SECT ION 7. That the City Clerk is hereby further directed 9 to file a copy of the proposed boundary map in the Office of the 10 County Recorder within fifteen (15) days of the adoption of the 11 proposed boundary map; said boundary map to be in the manner and 12 form as set forth in Division 4.5 of the streets and Highways 13 Code of the State of California. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San 16 Bernardino at an adjourned regular meeting thereof 1 held 17 on the day of 1991, by the 23rd January 18 following vote, to wit: 19 Council Members: ABSTAIN ABSENT AYES NAYS 20 ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER x x x X X 21 22 X X 23 ~-Ci~;e::-#~ 24 25 26 The foregoing resolution is hereby approved this 25th 27 day of January 28 . ~ , . 1 2 3 RESOLUTION SETTING HEARING ON ASSESSMENT DISTRICT NO. 977B Approved as to form and ~egal content: 4 James F. Penman city Attorney 5 .,,~1?~~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28