HomeMy WebLinkAbout1991-072
,
.
RESOLUTION NO. 91-72
2
RESOLUTION OF THE CITY OF SAN BERNARDINO
PASSING ON AND GIVING PRELIMINARY APPROVAL
TO THE REPORT OF THE ENGINEER OF WORK AND
APPOINTING A TIME AND PLACE FOR PUBLIC
HEARING FOR ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
3
4
5
WHEREAS, the Mayor and Common Council (the "Common
7 Council") of the City of San Bernardino (the "City") are
6
8
considering the formation of an assessment district, pursuant
9
to the Municipal Improvement Act of 1913, being Division 12
10
(commencing with Section 10000) of the California Streets and
II
Highways Code, for the construction of certain public works
12
and improvements and acquisitions, if necessary, generally
13
described as follows:
14
Zone 1: Grading, excavation and appurtenant construct'ion
required to install a box culvert in Cable Creek to raise
the Palm Avenue grade, including street improvements,
traffic signal and appurtenances;
15
16
17
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;
18
19
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;
20
21
22
(the "Improvements");
23
WHEREAS, the lands to be specially assessed for the
24
Improvements shall be included within an assessment district
25
designated
26
ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
27
(the "Assessment District"); and
28
3378mS
02/04/91
(
,
RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
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
WHEREAS, the Common Council has heretofore directed
that a written report upon the proposed improvement or
acquisition be prepared pursuant to Section 2824 and 2825 of
the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 (the "1931 Act"), being Division 4
(commencing with Section 2800) of the California Streets and
Highways Code, 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;
WHEREAS, such report has been consolidated with the
report prepared pursuant to Sections 10203 and 10204 of the
Streets and Highways Code (the "Engineer's Report"), and
has been filed with the City Clerk and is presented by the
Engineer of Work at this time:
NOW, THEREFORE, the Mayor and Common Council of the
City of San Bernardino do hereby resolve as follows:
SECTION 1. The above recitals and each of them are
true and correct.
SECTION 2. The Engineer's Report is hereby
preliminarily approved and adopted as follows:
(a) The plans and specifications for the
Improvements to be made, contained in the
Engineer's Report, are hereby preliminarily
approved and adopted;
(b) The Engineer's estimate of the itemized and
total costs and expenses of the Improvements,
acquisition, where necessary, and incidental
3378m5
2
02/04/91
:
.
.
RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
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
3378m5
expenses in connection therewith, contained in
the Engineer's Report, is hereby preliminarily
approved and adopted;
(c) The diagram showing the Assessment District
referred to and described in a Resolution
adopted by the Common Council of the City (the
"Resolution of Intention") and the boundaries
and dimensions of the respective subdivisions
of land within the Assessment District, as the
same existed at the time of the passage of the
Resolution of Intention, each of which
subdivisions have been given a separate number
upon the diagram, as contained in the
Engineer's Report, is hereby preliminarily
approved and adopted;
(d) The proposed assessments upon the several
subdivisions of land in the Assessment
District, in proportion to the estimated
benefits to be received by such subdivisions
from the Improvements, acquisition and
incidental expenses in connection therewith, as
contained in the Engineer's Report, are hereby
preliminarily approved and adopted;
(e) The maps and descriptions of the land and
easements to be acquired, if any, as contained
in the Engineer's Report, are hereby
preliminarily approved and adopted;
3
02/04/91
RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
(f)
Additional information as described in Section
2
2825 of the Act including the value of each
3
parcel to be assessed and the aggregate value
4
of all parcels and the maximum term and
5
interest rate of any bonds to be issued, is
6
hereby preliminari ly approved and adopted.
7
8
SECTION 3. The Engineer's Report shall stand for
the purpose of all subsequent proceedings undertaken pursuant
9
to the Resolution of Intention.
10
SECTION 4. The Common Council hereby appoints the
II
time and place for a public hearing (the "Public Hearing") on
12
the Engineer's Report as follows:
13
Time
Place
14
10:00 A.M.
May 20, 1991
Council Chambers
City of San Bernardino
300 North "D" Street
San Bernardino, California
15
16
17
and provides that any interested person may object to the
18
proposed improvement, the extent of the Assessment District,
19
or to the proposed assessment by filing a written protest with
20
21
the City Clerk at or before the time set for the hearing.
Such protest must contain a description of the property in
22
which each signer thereof is interested sufficient to identify
23
the same and, if the signers are not shown on the last
24
equalized assessment roll as the owners of such property, must
25
contain or be accompanied by written evidence that such
26
signers are the owners of such property.
27
SECTION 5. The City Clerk is hereby directed to
28 cause notice of the Public Hearing and the passage of the
3378m5
4
02104/91
RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
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
Resolution of Intention and this Resolution to be posted on
all open streets within the Assessment District, not more than
300 feet apart on each street so posted, but not less than
three (3) notices in all, at least 20 days before the date set
for the hearing of protests, in the time, form and manner
prescribed in Sections 10302 through 10304 of the Act.
SECTION 6. The City Clerk is hereby directed to
give notice of the Public Hearing and of the passage of the
Resolution of Intention and this Resolution by causing such
notice to be published in the designated newspaper of the
Assessment District, pursuant to Section 6066 of the
California Government Code, at least 20 days before the date
set for the hearing of protests, in the time, form and manner
prescribed in Sections 10303 and 10304 of the Act.
SECTION 7. The City Clerk is hereby directed to
mail notice of the Public Hearing and the adoption of the
Resolution of Intention and the filing of the Engineer's
Report to all persons owning real property proposed to be
assessed, whose names and addresses appear on the last
equalized assessment roll for County taxes or as known to the
City Clerk, at least 30 days before the date set for the
hearing of protests, in the time, form and manner prescribed
in Sections 2851, 10306 and 10307 of the 1931 Act and the Act.
SECTION 8. The City Clerk is hereby directed to
file a copy of the map entitled Proposed Boundaries of
Assessment District No. 987 in the Office of the County
Recorder of the Connty of San Bernardino within fifteen (15)
3378m5
5
02/04/91
,
RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
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
days of the adoption of this resolution fixing the time and
place of hearing on the formation and extent of the Assessment
District, said boundary map to be in the form prescribed in
Section 3110 of the California Streets and Highways Code.
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
3378m5
6
02104/91
,
RESOLUTION APPROVING REPORT; SETTING PUBLIC HEARING
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 an reqular meeting thereof. held on
4
5
March
_. 1991. by the following vote,
11th
the
day of
6
to wit:
7
Counci 1 Mern!;ters:
AYES
NAYS
ABSTAH!
8
x
ESTRADA
9
REILLY
x
10
FLORES
x
"
MAUDSLEY
x
12
MINOR
x
13
POPE-LUDLAM
x
14
MILLER
x
15
16
~1..e. ...A.~."'-..-.'T
. Ci ty Clerk (
17
18
19
The foregoing resolution is hereby approved this
20
l3th
, 1991.
~
March
day of
//
21
4
~//
~... "7/---;
/ // //'// /. /. /~.-;2';';?
/ w.~. Hol~omb, Mayor
City of San Bernardino
22
23
24
Approved as to form
and legal content:
25
26
James F. Penman
City Attorney
B~~~
27
28
3378m5
02104/91
7