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CITY OF SAN BERt,
.RDINO~EQUEST Fi;;C~;~CIL ACTION
From: roGER G, HARDGRAVE, Director
_ept: Public WOrks/Engineering
Subject: Resolution of Intention and others,
cajon & June Acquisition Assess,
Distr, (AD 977)
Date: January 3, 1990
8-7-89
Resolutions approving Bond Counsel, Underwriter and Assessment
Engineer were adopted,
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Synopsis of Previous Council action:
5-15-89
Authorization to proceed was given to the City Engineer and City
Clerk to proceed,
Recommended motion:
Adopt the Resolutions as follows:
cc:
Resolution Making Findings on Petition
Resolution Making Appointments
Resolution Adopting Proposed Boundary Map
Resolution of Intention
Resolution Passing on "Report" and Setting Public Hearing,
Marshall Julian, City Administrator ]A ~
James Penman, City Attorney -L ~ ~
James RichardSo~, Dept, ,City Adm, Dev, . ~(. ____-
Andrew Green, F1nance D1rector ----------- ------- -----
Sign e
~
Contact person:
Verne J, Nadeau
Phone:
384-5026
6
Supporting data attached: Staff Report, Map
Ward:
FUNDING REQUIREMENTS:
Amount: $741,000,00
Source: (Acct. No.) 251-651-53925
(Acct. Description)
To be rerouped through assessrrents,
Assess,District No, 977
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Finance:
'ouncil Notes:
./~/~
Agenda Item NO~ Ib
CITY OF SAN BERW . ,RDINO - REQUEST r )R COUNCIL ACTION
STAFF REPORT
The Council did previously authorize the proceedings to go forward for the formation
of a special assessment district to allow for the public financing of the subdivi-
sion improvements to be constructed within City subdivision Tracts 14184 and 14185.
At this time a petition has been submitted formally requesting the initiation of the
proceedings and the attached Resolutions would formally allow the initiation of said
proceedings,
The developer has completed the construction of the first phase of the improvements
and all documentation has been prepared to allow the initiation of the proceedings
and the setting of the time and place for the public hearing, The public hearing is
proposed to be held on March 5, 1990, Upon the conclusion of the public hearing,
bonds can be sold and the property owner would then be reimbursed for those public
improvements previously installed in these proceedings, At a subsequent time, a
second subdistrict would then be formed for the balance of the subdivision improve-
ment, and again similar documentation would be prepared through the preparation of
the Engineer's "Report", The second public hearing would be held, bonds would then
be sold and the developer again would be reimbursed for the remainder of the
facilities,
1-03-90
75,0264
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1
RESOLUTION NO,
2
3
RESOLUTION Of THE CITY OF SAN BERNARDINO PASSING ON
"REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL,
SETTING A TIME AND PLACE FOR PUBLIC HEARING
THE
AND
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WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO,
5
CALIFORNIA, has instituted proceedings for the acquisition of
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certain publ ic works of improvement and appurtenances under
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provisions of the "Municipal Improvement Act of 1913", being
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Division 12 of the Streets and Highways Code of the State of
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California, in a special assessment district known and desig-
10
nated as ASSESSMENT DISTRICT NO, 977A (hereinafter referred to
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as the "Assessment District"); and,
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WHEREAS, there has been prepared and filed with the legisla-
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tive body a "Report" provided for in Sections 10203 and 10204 of
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the Streets and Highways Code of the State of California, and
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this "Report" has been presented for consideration; and,
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WHEREAS, a Resolution of Intention for this improvement was
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previously adopted by the legislative body; and the "Report" as
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now presented shall stand as the "Report" for the purpose of
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subsequent proceedings hereunder,
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NOW, THERE FORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
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SECTION 1,
That the above recitals are all true and
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correct.
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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
/0
RESOLUTION SETTING PUBLIC HEARING, ASS~SSMENT
DISTRICT K 977A
1
2
A.
That the plans for the "as-built" improve-
3 ments to be made, contained in said "Report" be, and they are
4 hereby preliminarily approved and adopted;
5
B ,
That the Engineer's estimate of the
6 itemized and total costs and expenses of said "as-built" acquisi-
7 tion and improvements, and of the incidental expenses in
8 connection therewith, contained in said "Report", be, and each
9 of them are hereby preliminarily approved and adopted;
10
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;
18
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;
24
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;
27
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.
RESOLUTION SETTING PUBLIC HEARING, ASSESSMENT
DISTRICT NO )77A
1
2
SECTION 4,
NOTICE IS HEREBY GIVEN THAT ON MONDAY, THE 5TH
3 DAY OF MARCH, 1990, AT THE HOUR OF 10:00 O'CLOCK A,M., IN THE
4 REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE
5 COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY
6 OBJECTIONS TO THE PROPOSED ACQUISITION, OR ASSESSMENT, OR EXTENT
7 OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY
8 APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE ACQUIRED IN
9 ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF
10
THE ENGINEER,
PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED
11 TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC
12 HEARING,
13
SECTION 5,
That the City Clerk is hereby directed to give
14 notice of said Public Hearing by causing to be conspicuously
15 posted on all open streets within the Assessment District, not
16 more than 300 feet apart on each street so posted, but not less
17 than 3 in all, notice of the passage of the Resolution of Inten-
18 tion and of this Resolution, all in accordance with the provi-
19 sions of said Division 12,
20
SECTION 6,
That the City Clerk is hereby directed to give
21 notice of said Public Hearing and of the passage of the Resolu-
22 tion of Intention and this Resolution by causing such notice to
23 be published in accordance with section 6066 of the Government
24 Code, in the newspaper previously designated as the newspaper
25 for all publications as required by law and as necessary for
26 completion of this Assessment District,
27
SECTION 7,
That the City Clerk is hereby directed to mail
28 notice of said Public Hearing and the adoption of the Resolution
12/26/89
RESOLUTIC SETTING PUBLIC HEARING, A ESSMENT
DISTRICT NO, 977A
1
2 of Intention and of the filing of the "Report" to all persons
3 owning real property proposed to be assessed, whose names and
4 addresses appear on the last equalized assessment roll for
5 County taxes prior thereto, or as known to said City Clerk, and
6 to all other persons as prescribed in accordance with the provi-
7
sions of said Division 12,
8
SECTION 8,
That the City Clerk is hereby further directed
9 to file a copy of the proposed boundary map in the Office of the
10 County Recorder within fifteen (15) days of the adoption of the
11 proposed boundary map; said boundary map to be in the manner and
12 form as set forth in Division 4,5 of the Streets and Highways
13 Code of the State of California,
14
I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16
Bernardino at a
meeting thereof, held
17
on the
day of
1990, by the
18 following vote, to wit:
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20
AYES: Council Members
21
22
NOES:
23
ABSENT:
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25
26
City Clerk
27 II
28 II
12/26/89
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RESOLUTION ~TTING PUBLIC HEARING, AS8~~SMENT
DISTRICT NG, 977A
The foregoing resolution is hereby approved this
, 1990,
3 day of
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9
W, R, Holcomb, Mayor
city of San Bernardino
Approved as to form and legal content:
James F, Penman
10 City Attorney
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12/26/89