HomeMy WebLinkAbout1991-333
RESOLUTION NO. 91-333
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RESOLUTION OF THE CITY OF SAN BERNARDINO
OVERRULING AND DENYING PROTESTS AND MAKING
CERTAIN FINDINGS IN A SPECIAL ASSESSMENT
DISTRICT
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6 WHEREAS, the Mayor and Common Council (the "Common
7 Council") of the City of San Bernardino California, (the
8 "City") has, by Resolution No. 91-71 adopted on March 11, 1991
9 (the "Resolution of Intention"), declared its intention to
10 order the acquisition of certain public improvements, pursuant
II to the terms and provisions of the Municipal Improvement Act of
12 1913 (the "Act"), being Division 12 of the Streets and Highways
13 Code of the State of California, in a special assessment
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ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
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(hereinafter referred to as the "Assessment District"); and
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WHEREAS, the Common Council in and by said resolution
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referred said proposed improvements to the Engineer of Work of
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the Assessment District, and directed said Engineer of Work to
make and file with the City Clerk a report in writing
containing the matters specified in Section 10204 of the
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Streets and Highways Code which report was thereafter filed on
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March 11, 1991, and was preliminarily approved by the Common
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Council by Resolution No. 91-72, adopted by the Common Council
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on March 11, 1991 and said report was modified by Resolution
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No. 91-120 adopted by the City Council on April 15, 1991, and
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the Common Council fixed 10:00 o'clock A.M. on Monday, May 20,
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RESOLUTION OVERRULING AND DENYING PROTESTS
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1991, at the Council Chambers, City of San Bernardino, 300
North "D" Street, San Bernardino, California 92418, as the time
and place for hearing of protests to said proposed
improvements, and provided notice of said hearing; and
WHEREAS, the City Clerk has filed with the Common
Council an affidavit setting forth the time and manner of
compliance with the requirements of law for publishing, posting
and mailing notices of the adoption of said Resolution of
Intention and of the filing of said report and of the time and
place for hearing protests to said proposed improvements, or to
the extent of the Assessment District or to the proposed
assessment; and the Common Council hereby finds this notice of
the adoption of said Resolution of Intention and of the filing
of said report and of the time and place for hearing protests
to said proposed improvements, or to the extent of the
Assessment District or the proposed assessment has been
published, posted and mailed in the time, form and manner
required by law; and
WHEREAS, said public hearing was duly convened by the
Common Council at the time and place set therefor; and
WHEREAS, said public hearing was continued to
7:30 p.m. on Monday June 10, 1991 at the Council Chambers, City
of San Bernardino, 300 North "D" Street, San Bernardino,
California; and
WHEREAS all protests and objections were presented to
the Common Council and duly heard and considered, and all
matters as to the boundaries of the Assessment District, the
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RESOLUTION OVERRULING AND DENYING PROTESTS
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improvements to be acquired, the method and formula of the
assessment spread and the finding of benefits received by the
respective properties assessed for the proposed improvements
and the apportionment of said benefits were heard and
considered; and
WHEREAS, the Common Council found and determined that
protests against said proposed improvements were not made by
the owners of more than one-half of the area of the land in
said Assessment District to be assessed for said proposed
improvements.
NOW, THEREFORE, the Mayor and Common Council of the
City of San Bernardino do hereby resolve as follows:
SECTION l. The above recitals are all true and
correct.
SECTION 2. The public hearing on the Assessment
District is hereby closed.
SECTION 3. All protests and objections of every kind
and nature be, and the same hereby are, overruled and denied,
and it is determined that said protests and objections are made
by the owners of less than one-half (1/2) of the area of
property to be assessed for said public improvements within the
Assessment District.
SECTION 4. Is hereby further determined that all
properties within the boundaries of the Assessment District
receive a local and direct benefit from the works of
improvement as proposed for said Assessment District, and it is
hereby further determined and declared that all assessable
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RESOLUTION OVERRULING AND DENYING PROTESTS
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costs and expenses have been apportioned and spread over the
properties within the boundaries of the Assessment District in
direct proportion to the benefits received thereby.
SECTION 5. The method of spread and apportionment of
all costs, as contained in the amended Engineer's Report
described in the Resolution previously approved on the date
hereof is hereby approved and adopted as being a correct and
proper apportionment and distribution of all assessable costs
for said public improvements.
SECTION 6. This resolution shall take effect
immediately upon its adoption.
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RESOLUTION OVERRULING AND DENYING PROTESTS
ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA)
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I HEREBY CERTIFY that the foregoing resolution was
4 duly adopted by the Mayor and Common Council of the City of San
adjourned
5 Bernardino at a n regular meeting thereof, held on
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the
19th day of July
, 1991, by the following vote,
7 to wit:
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Coun~il MemRlUS,:
AYES
NAYS
ABSTAIN
ABSENT
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ESTRADA
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REILLY
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HERNANDEZ
x
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MAUDSLEY
x
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MINOR
x
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POPE-LUDLAM
x
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MILLER
x
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G Ccclv.t ,It",., <, -<-,.".~v
, Ci ty Clerk J
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The foregoing resolution is hereby approved
22nd day of July , 1991.
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W.R.
City 0
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Approved as to form
and legal content:
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James F. Penman
City Attorney
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