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RESOLUTION NO. 90-32
RESOLUTION OF THE CITY OF SAN BERNARDINO
"REPORT" OF THE ENGINEER, GIVING PRELIMINARY
SETTING A TIME AND PLACE FOR PUBLIC HEARING
PASSING ON
APPROVAL,
THE
AND
WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO,
CALIFORNIA, has instituted proceedings for the acquisition of
certain publ ie 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. 977A (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 THAT:
SECTION 1.
That the above recitals are all true and
correct.
SECTION 2.
That the "Report" of the Engineer referred to
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hereinabove is considered adopted, passed upon, and prelimi-
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narily approved, as follows:
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if
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12/26/89
,
,RESOLUTION SETTING PUBLIC HEARING, ASSESSMENT
.DIS'llRICT NO. 977A
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A.
That the plans for the "as-built" improve-
3 menta to be made, contained in said "Report" be, and they are
4 hereby preliminarily approved and adopted;
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B .
That the Engineer's estimate of the
6 itemized and total costs and expenses of said "as-built" acquisi-
7 t ion and improvements, and of the ine idental expenses in
8 connection therewith, contained in said "Report", be, and each
9 of them are hereby preliminarily approved and adopted;
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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;
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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;
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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;
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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.
12/26/89
R~SOL0TION SETTING PUBLIC HEARING, ASSESSMENT
J;JISTR;I:CT NO. 977 A
SECTION 4.
NOTICE IS HEREBY GIVEN THAT ON MONDAY, THE 5TH
DAY OF MARCH, 1990, AT THE HOUR OF 10:00 O'CLOCK A.M., IN THE
REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE
COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY
OBJECTIONS TO THE PROPOSED ACQUISITION, OR ASSESSMENT, OR EXTENT
OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY
APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE ACQUIRED IN
ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF
THE ENGINEER.
PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED
TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC
HEARING.
SECTION 5.
That the City Clerk is hereby directed to give
notice of said Public Hearing by causing to be conspicuously
posted on all open streets within the Assessment District, not
more than 300 feet apart on each street so posted, but not less
than 3 in all, notice of the passage of the Resolution of Inten-
tion and of this Resolution, all in accordance with the provi-
sions of said Division 12.
SECTION 6.
That the City Clerk is hereby directed to give
notice of said Public Hearing and of the passage of the Resolu-
tion of Intention and this Resolution by causing such notice to
be published in accordance with Section 6066 of the Government
Code, in the newspaper previously designated as the newspaper
for all publications as required by law and as necessary for
completion of this Assessment District.
SECTION 7.
That the City Clerk is hereby directed to mail
notice of said Public Hearing and the adoption of the Resolution
12/26/89
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RE$OLUTION SETTING PUBLIC HEARING, ASSESSMENT
DISTRICT NO. 977A
of Intention and of the filing of the "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 prior thereto, or as known to said city Clerk, and
to all other persons as prescribed in accordance with the provi-
sions of said Division 12.
SECTION 8.
That the city Clerk is hereby further directed
to file a copy of the proposed boundary map in the Office of the
County Recorder within fifteen (15) days of the adoption of the
proposed boundary map; said boundary map to be in the manner and
form as set forth in Division 4.5 of the Streets and Highways
Code of the State of California.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an adjourned regular
meeting thereof, held
on the
22nd
1990, by the
day of
January
following vote, to wit:
AYES: Council Members
Estrada, Reilly, Flores, Maudsley,
Miller
NOES:
None
ABSENT:
Council Members Minor, Pope-Ludlam
~.?'n:?/&Jg.1I/
.../ City Clerk
II
II
12/26/89
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'RESOLUTION SETTING PUBLIC HEARING, ASSESSMENT
'DIS~RICT NO. 977A
The foregoing resolution is hereby approved this
o?l!L
day of
1990.
Januarv
Approved as to form and legal content:
James F. Penman
City Attorney
By: ~ t ;;/V~4
o
12/26/89