HomeMy WebLinkAbout1991-120
..
l___
. .
RESOLUTION NO. 91-120
2
RESOLUTION OF THE CITY OF SAN BERNARDINO
PASSING ON AND GIVING PRELIMINARY APPROVAL
TO THE REPORT OF THE ENGINEER OF WORK, AS
MODIFIED, AND RATIFYING APPOINTMENT OF THE
TIME AND PLACE FOR PUBLIC HEARING 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, 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 construction
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
3378m5
"
RESOLUTIDN AP.PROVING MODIFIED REPORT; RATIFYING PUELlC 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
preliminarily approved a written report upon the proposed
improvement or acquisition, 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 is on file 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, and has been filed with the City
Clerk and was presented by the Engineer of Work on March 11,
1991;
WHEREAS, the Engineer of Work has modified the
report to incorporate updated information relating to the
Assessment District and mOdifying the assessment roll, and the
report, as modified (the "Engineer's Report") has been filed
with the City Clerk and is presented by the Engineer of Work
as 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:
///
///
3378m5
2
RESOLUTION APPROVING MODIFIED REPORT; RATIFYING 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
(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
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
3
kEbULU'l..lU.i.~ A.r't'.t<0V 11\1G J.v1Uul.c J..t..U .k.c..C'Ul'<l. i .tv\1.J..~ r .Ll'H"" J:"uo.u..ll.... t:!.J:...t"\.K.i1.''H.:1
contained in the Engineer's Report, are hereby
2
3
4
5
6
7
8
9
10
II
12
13
the
14
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;
(f) Additional information as described in Section
2825 of the Act including the value bfeach
parcel to be assessed and the aggregate value
of all parcels and the maximum term and
interest rate of any bonds to be issued, is
hereby preliminarily approved and adopted.
SECTION 3. The Engineer's Report shall stand for
purpose of all subsequent proceedings undertaken pursuant
15
to the Resolution of Intention.
16
SECTION 4. The Common Council hereby ratifies its
17
appointment of the time and place for a public hearing (the
18
"Public Hearing") on the Engineer's Report as authorized by
19
Resolution No. 91-72 adopted on March 11, 1991 as follows:
20
Time
Place
21
10:00 A.M.
May 20, 1991
Council Chambers
City of San Bernardino
300 North "D" Street
San Bernardino, California
22
23
24
and provides that any interested person may object to the
25
proposed improvement, the extent of the Assessment District,
26
or to the proposed assessment by filing a written protest with
27
the City Clerk at or before the time set for the hearing.
28
Such protest must contain a description of the property in
3378m5
4
.'
RESOLUTION ARPROVING MODIFIED REPORT; RATIFYING 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
which each signer thereof is interested sufficient to identify
the same and, if the signers are not shown on the last
equalized assessment roll as the owners of such property, must
contain or be accompanied by written evidence that such
signers are the owners of such property.
SECTION 5. The Common Council hereby ratifies and
approves all actions of the City Clerk heretofore or hereafter
taken in causing notice of the Public Hearing and the passage
of the Resolution of Intention, Resolution No. 91-72 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 Common Council hereby ratifies and
approves all actions of the City Clerk heretofore or hereafter
taken in giving notice of the Public Hearing and of the
passage of the Resolution of Intention, Resolution No. 91-72
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 Common Council hereby ratifies and
approves all actions of the City Clerk heretofore or hereafter
taken in mailing notice of the Public Hearing and the adoption
3378m5
5
RESOLU~ION ~PPROVING MODIFIED REPORT; RATIFYING PUBLIC REARING
2
3
4
5
6
7
8
9
of the Resolution of Intention, Resolution No. 91-72 and this
Resolution 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 1913 Act.
///
10 ///
II ///
12 ///
13 ///
14 ///
15 ///
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
3378m5 6
RESOLUTION Ap.PROVING MODIFIED REPORT; RATIFYING PUB,LIC 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
4 San Bernardino at a
the 15th day of
5
6 to wit:
7 Council Members:
8 ESTRADA
9 REILLY
10 FLORES
II MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
17
regular meeting thereof, held on
April , 1991, by the following vote,
AYES
NAYS
ABSTAIN
x
x
x
x
---1L-
---1L-
---1L-
C<4ty~ -
18
19
17th day of
The foregoing resolution is hereby approved this
,~'
April
, 1991.
21
~--/ ....<1.,.--/ __. // _/'//
~ //:~ ~//~. /
/,j?~// /~~->-~/-./
w: R. ~ Ho lcO~' Mayo 1'"
City 0 San B rnard~no
20
22
23
Approved as to form
and legal content:
24
25
James F. Penman
Ci ty Attorney
26
27 By (L~~ 7--. f~-
28 tfl
3378m5 7