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HomeMy WebLinkAbout1991-069 RESOLUTION NO. 91-69 2 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING DETERMINATIONS CONCERNING CONSTRUC- TION OF PUBLIC IMPROVEMENTS AND ACQUISI- TION OF PROPERTY BY SPECIAL ASSESSMENTS, DEFINING PROJECT BOUNDARIES AND ORDERING PREPARATION OF A REPORT FOR ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 3 4 5 6 WHEREAS, the Mayor and Common Council (the "Common 7 Council") of the City of San Bernardino (the "City") are 8 considering the formation of an assessment district and the 9 construction of public improvements and acquisition of 10 property, pursuant to the "Municipal Improvement Act of 1913", II being Division 12 (commencing with Section 10000) of the 12 California Streets and Highways Code (the "Act"), for certain 13 public works and improvements and acquisitions, if necessary, 14 generally described as follows: IS Zone 1: Grading, excavation and appurtenant construction required to install a box culvert in Cable Creek to raise the Palm Avenue grade, including street improvements, traffic signal and appurtenances; 16 17 18 Zone 2: Construction of a storm drain system and appurtenant construction required to install a storm water and debris retention facility, including manhole installation and safety-related amenities; 19 20 Zone 3: Construction of street improvements for Palm Avenue within an 88 foot right-of-way, including sewer with manholes, storm drain system, street lights and appurtenant construction; 21 22 23 (the "Improvements"); and 24 WHEREAS, the lands to be specially assessed for the 25 Improvements shall be included within an assessment district 26 designated as 27 ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 26 3378m5 02/04/91 RESOLUTION MAKING DETERMINATIONS designated as 2 ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 3 4 (the "Assessment District"); and 5 WHEREAS, the Engineer of Work has prepared a map of 6 the Assessment District which generally defines the 7 bouundaries or extent of the area to be specially assessed to 8 pay all or any portion of the proposed improvements and 9 acquisition, which map is on file in the office of the City 10 Clerk and open to inspection by the public; and II WHEREAS, the Common Council desires to make the 12 determinations and to otherwise comply with the requirements 13 of "The Special Assessment Investigation, Limitation and 14 Majority Protest Act of 1931" (the "1931 Act"): 15 NOW, THEREFORE, the Mayor and Common Council of the 16 City of San Bernardino do hereby resolve as follows: 17 SECTION 1. The above recitals and each of them are 18 true and correct. 19 SECTION 2. The Common Council proposes to order the 20 construction of public improvements and the acquisition of 21 property for public use, together with appurtenances and 22 appurtenant work, to be paid by special assessments on an area n of land to be benefited thereby as shown on the map of the 24 proposed Assessment District on file in the office of the City 25 Clerk, which map shall generally define the boundaries of the 26 Assessment District. 27 SECTION 3. The statute under which the levy of the 28 assessment and construction of the improvements are authorized 3378m5 2 02/04/91 RESOLUTION MAKING DETERMINATIONS 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be the Act, with bonds proposed to be issued as authorized by the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. SECTION 4. The specific nature, location and extent of such proposed improvements and acquisitions are as shown on the plans and specifications thereof on file in the office of the City Clerk. SECTION 5. The Common Council hereby directs that a written report upon the proposed improvement or acquisition be prepared pursuant to Section 2824 and 2825 of the 1931 Act by the Engineer of Work of the Assessment District, which report shall be filed with the Common Council and in the office of the City Clerk. SECTION 6. The report prepared under authority hereof shall have attached to it a copy of this resolution upon its adoption. SECTION 7. The Common Council does not at this time intend to make any contribution or appropriation of funds toward the costs and expenses of the improvements or acquisition as provided under these proceedings and all costs and expenses related thereto shall be financed through special assessments levied upon benefiting parcels within the boundaries of the Assessment District in the form and manner authorized by the Act. / / / / / / 3378m5 3 02/04/91 RESOLUTION MAKING DETERMINATIONS ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA) 2 I HEREBY CERTIFY that the foregoing resolution was 3 duly adopted by the Mayor and Common Council of the City of San adjourned Bernardino at a n reqular meeting thereof, held on 4 5 March , 1991, by the following vote, 11th day of the 6 to wit: 7 CQuncil Members: AYES NAYS ABSTAIN 8 ESTRADA ---"-- 9 REILLY ---"-- 10 FLORES ---"-- II MAUDSLEY ---"-- 12 ---"-- MINOR 13 POPE-LUDLAM ---"-- 14 MILLER ---"-- 15 16 ./ fA;~,L I~ ~J.. > j~_- \.... City Clerk 17 18 19 The foregoing resolution is hereby approved this 20 13th day of -, March , 1991. 21 22 23 24 Approved as to form and legal content: 25 26 James F. Penman City Attorney BY~P~) :/ 27 28 3378m5 4 02104/91