HomeMy WebLinkAbout1989-488
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RESOLUTION NO. 89-488
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO ORDERING CHANGES
IN THE PROPOSED IMPROVEMENTS AND IN THE
AMOUNT OF THE ESTIMATED COST THEREOF AND IN
THE ASSESSMENT TO DECREASE THE ASSESSMENTS ON
CERTAIN PARCELS OF PROPERTY, AND APPROVING
MODIFICATIONS IN THE REPORT OF THE ENGINEER
OF WORK TO INCLUDE SUCH CHANGES
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I Council (the "Common Council") of
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California (the "City"), adopted
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ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
WHEREAS,
on September 6,
1989, the Mayor and Common
the City of San Bernardino,
Resolution No.
89-346,
the
Resolution of Intention for Assessment District No. 985 (the
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13 I, "Assessment District"), declaring the intention of the Common
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Council,
the
pursuant
the
provisions of
to
Division 12
of
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Streets and Highways Code of the State of California,
the
Municipal Improvement Act of 1913, to order the acquisition and
construction of certain public improvements described therein;
and
WHEREAS, on September 6, 1989, the Common Council
adopted Resolution No. 89-350 confirming the written report of
the Engineer of Work for the Assessment District, setting 9:00
a.m. on October 16, 1989, and the Common Council Chambers on the
main floor of the City Hall of the City at 300 North "D" Street,
San Bernardino, California, as the time and place for hearing
protests to the proposed acquisi tion and construction of such
improvements, and providing for notice of such hearing to be
given by the City Clerk; and
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2 I acquisition and construction of such improvements was duly
posted, published and mailed, as shown by affidavits presented
WHEREAS,
notice
the
of
the
hearing
of
protests
to
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to the Common Council, in the manner prescribed by law; and
WHEREAS, at said time and place said hearing was
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commenced and continued by the Common Council to November 6,
1989, and on said latter date was again continued by the Common
Council to December 18, 1989; and
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WHEREAS, the reason for the continuance of said
hearing is that the Common Council has been advised by the City
Engineer that the written report of the Engineer or Work for the
Assessment District (the "Report"), as preliminarily approved by
Resolution No. 89-350, should be modified to include among the
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improvements described therein certain storm drainage facilities
which have been constructed by the owner of Parcel 18, Parcel 19
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and Parcel 20, as identified in the Report, and that the assess-
ment contained in the Report should be modified to reduce the
assessments on those parcels by the amount expended by the owner
thereof for the construction of such storm drainage facilities;
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and
WHEREAS, the Common Council has been further advised
by the City Engineer that as a result of the bids which were
received by the City on September 22, 1989 for the construction
of the improvements proposed to be acquired and constructed for
the Assessment District, it has been determined based on the bid
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of Riverside Construction Company, the bidder submitting the
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proposal
resulting in the lowest cost to the City for the
construction of the improvements, that the assessments on all
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parcels in the Assessment District will be reduced below the
estimated assessments contained in the Report; and
WHEREAS, the Common Council has been further advised
by the City Engineer, however, that the effect of the proposed
modifications to the Report and the assessment contained therein
is that the assessments on all parcels of property wi thin the
Assessment District, other than Parcels 18 through 20, will be
reduced by less as a result of the reduction which is to be made
in the amount thereof based on the said low bid for the con-
struction of the improvements than would be the case if such
modifications were not made; and
WHEREAS, pursuant to Sections 10350 through 10355 of
the Streets and Highways Code of the State of California, the
Common Council may make changes to the proposed improvements for
and the amounts to be assessed on parcels in the Assessment
Distr ict, but before order ing any changes which will include
additional improvements or increase the amount of money assessed
on parcels of property within the Assessment District, the
Common Council must adopt a resolution briefly describing the
changes proposed to be made, stating the amount of the estimated
increase or decrease in the cost of the improvements by reason
of said proposed changes, and giving notice of a time and place
when and where any interested person having any objection to the
changes proposed to be made may appear before the Common Council
and show cause why said changes should not be ordered, and said
resolution must be published pursuant to Section 6061 of the
Government Code, at least 10 days prior to the date of the
hearing, and a copy thereof must be mailed, at least 20 days
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1 !i prior to the date of the hearing, to all persons owning real
2 :; property within the Assessment District; and
3 III WHEREAS, on November 20, 1989, the Common Council
,adopted Resolution No. 89-469, pursuant to Section 10353 of the
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5 I Streets and Highways Code of the State of California, describing
i the changes proposed to made to the Report, stating the amount
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I of the estimated increase in the cost of the improvements by
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I reason
of said proposed changes, specifying the effect of the
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91 proposed credit
the assessments
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on the assessments on Parcels 18 through 20 on
on all other parcels in the Assessment District,
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and giving notice of a time and place when and where any
interested person having any objection to the changes proposed
to be made could appear before the Common Council and show cause
why said changes should not be ordered; and
WHEREAS, notice of the time and place of said hearing
has been published and mailed as required by Sections 10353 and
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of
10354
the
and
Highways
Streets
Code
of
the
State
of
California; and
WHEREAS, on December 18, 1989, at the time and place
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specified therefor in Resolution No. 89-469, the Common Council
conducted said hearing and afforded all interested persons an
opportunity to appear and show cause why such proposed changes
should not be ordered; and
WHEREAS, no written objections to the proposed changes
were filed with the City Clerk, as required by Section 10355 of
the Streets and Highways Code of the State of California, and
the Common Council should order such changes;
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2 COUNCIL
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4 follows:
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
Section 1.
Findings.
The Common Council finds as
(a) The proceedings with regard to the proposed
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changes to the Report have been conducted in accordance with all
applicable requirements of Chapter 4.5 (commencing with S 10350)
of Division 12 of the Streets and Highways Code of the State of
9 Cali fornia,
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All of the foregoing recitals are true and
The changes or modifications proposed to be made
as specified in Resolution No. 89-469 should be
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Section 2.
Changes Ordered.
The Common Council
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orders that the Report be changed and modified (i) to include
among the improvements addi tional storm drainage improvements,
including, two
( 2) headwalls,
catch basins, a manhole, and
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approximately 530 feet of 60-inch diameter reinforced concrete
pipe, 100 feet of 42-inch diameter reinforced concrete pipe, 890
feet of 36-inch diameter reinforced concrete pipe, and 60 feet
of 30-inch diameter reinforced concrete pipe, (ii) to increase
estimated
the
of
improvements
cost
the
by
approximately
25 $119,000, and (iii) to modify the assessment contained therein
26 to provide for a credi t on the assessments to be levied on
27 Parcels 18 through 20 in the amount of such increase in the cost
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Section 3. Approval of Modified Report. The Report,
as modified to include the changes ordered by Section 2 hereof,
as presented to the Common Council at the meeting at which this
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resolution is adopted, is approved.
The Report, as so revised,
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shall be the Report of the Engineer of Work for all purposes in
connection with all further proceedings regarding the Assessment
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District.
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RESOLUTION ORDERING CHANGES IN PROPOSED IMPROVEMENTS,
A.D. 985
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof held on the 18th day of
December, 1989, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
NOES:
None
ABSENT:
None
~m/~~
City eler
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The foregoing resolution is hereby approved, this o?611
day of
December , 1989.
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Approved as to form and
legal content:
231 James F. Penman, City Attorney
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251 By: /A~JI,/..L I
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RTA0569
SHEET 1 OF 1 lHEET
PROPOSED ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 985
INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
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