HomeMy WebLinkAbout1989-489
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RESOLUTION NO. 89-489
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO MODIFYING AND CON-
FIRMING ASSESSMENT AND ORDERING CONSTRUCTION
OF IMPROVEMENTS
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ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
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WHEREAS, on September 6, 1989, the Mayor and Common
Council (the "Common Council") of the City of San Bernardino,
California (the "City"), adopted Resolution No. 89-346, the
Resolution of Intention (the "Resolution of Intention") for
Assessment
District No. 985
(the
"Assessment District"),
declaring the intention of the Common Council, pursuant to the
provisions of Division 12 of the 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
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adopted Resolution No. 89-350 approving the report of the
Engineer of Work for the Assessment District (the "Report"),
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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 "0" Street, San Bernardino, California, as the time and
place for hearing protests to the proposed acquisition and con-
struction of such improvements, and providing for notice of such
hearing to be given by the City Clerk; and
WHEREAS, pursuant to the direction contained in
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Section 10 of the Resolution of Intention, the Report contains,
among other things, the information prescribed by Section 2961
4 levied under any completed or pending assessment proceedings,
5 ,I other than that contemplated in the instant proceedings, which
6 :1 would require an investigation and report under Division 4 of
7 ! said Code, the Special Assessment Investigation, Limitation and
8,1 Majority Protest Act of 1931, against the total area proposed to
91 be assessed, and (ii) the total true value, as near as may be
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1 ,I of the Streets and Highways Code of the State of California with
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2 '! respect to (i) the total principal sum of all unpaid special
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assessments and special assessments required or proposed to be
WHEREAS,
notice
hearing of
to
the
protests
of
the
acquisition and construction of such improvements was duly
posted, published, and mailed, as shown by affidavits presented
to the Common Council, in the manner prescribed by law; and
WHEREAS, at said time and place said hearing was com-
menced 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
WHEREAS, pursuant to Resolution No. 89-469 adopted by
the Common Council on November 20, 1989, the Common Council has
conducted proceedings pursuant to Chapter 4.5 (commencing with
S 10350) of Division 12 of the Streets and Highways Code of the
State of California regarding certain proposed changes in the
Report, as preliminarily approved by Resolution No. 89-350,
including a hear ing with regard to the proposed changes as
required by Section 10353 through 10355 of that Code, and has
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1 I adopted Resolution No. 89-flf ordering the changes proposed in
2 I Resolution No. 89-469; and
3 i WHEREAS, the Engineer of Work has presented to the
Common Council a revised Report including the changes ordered by
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Resolution No. 89-___ which revised Report was also approved by
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that resolution and is now the Report for all purposes in con-
nection with the proceedings for the Assessment District, and
whenever reference is made in this resolution to the Report,
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such reference shall be to the modified Report as approved and
including the changes ordered by Resolution No. 89-~&f ; and
WHEREAS, on December 18, 1989 the hearing of protests
to the acquisition and construction of the public improvements
described in the Resolution of Intention and the Report was
recommenced and duly held by the Common Council and all written
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appeals, protests or objections, if any, were duly presented and
read, and all persons desiring to be heard thereon were heard,
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and the Common Council gave all persons present an opportunity
to be heard in respect of any matter relating to the acquisition
and construction of said improvements, to any act or determina-
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tion of the Common Council in relation thereto, to any matter in
connection with the Report or to the correctness of the assess-
ment or diagram, or to any other matters relating to these
proceedings; and
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WHEREAS, the City Engineer has advised the Common
Council that as a result of the bids received for the con-
struction of the proposed improvements, the proposed assessment
and the proposed amount of money assessed on each parcel of
property included in the assessment should be modified;
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
2 ,I COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
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'I Section 1. Protests. The Common Council finds (i)
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41 that the said hearing of protests has been duly held, and each
5 . and every step in the proceedings prior to and including said
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:1 heanng has been duly and regularly taken, and (ii) that the
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ii written protests received by the City Clerk at or before the
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hearing are not signed by the owners of more than one-half (1/2)
of the area of land included within the Assessment District and
said protests are hereby overruled.
Section 2. Compliance with Special Assessment Investi-
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gation, Limitation and Majority Protest Act of 1931.
The Common
Council finds, pursuant to Section 2961 of the Streets and High-
ways Code of the State of California, that the total amount of
the principal sum of all unpaid special assessments levied
against the parcels proposed to be assessed, as computed pur-
suant to paragraph (1) of subdivision (b) of said Section 2961,
plus the principal amount of the special assessment proposed to
be levied in the instant proceedings, does not exceed one-half
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of the total true value of the parcels proposed to be assessed,
as computed pursuant to paragraph (2) of subdivision (b) of said
Section 2961.
The Common Council further finds that compliance
has been had with the requirements of Division 4 of the Streets
and Highways Code of the State of California, the Special
Assessment Investigation, Limitation and Majority Protest Act of
1931, by following the alternative procedure provided by Part
7.5 (commencing with S 2960) of said Division 4.
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Section 3.
Necessity.
The Common Council finds (i)
I that the public interest, convenience and necessity require the
I acquisition and construction of the improvements referred to in
the Resolution of Intention and the Report for the benefit of
the lands within the exterior boundaries of the Assessment
District, (ii) that the project is feasible, and (iii) that the
lands to be assessed therefor will be able to carry the burden
of the proposed assessments and to pay the costs and expenses
thereof.
Section 4. Benefit. The Common Council finds (i) that
all the land included within the boundaries of the Assessment
District as shown on the diagram thereof will be benefited by
said improvements, and (ii) that the proposed assessment of the
total amount of the costs and expenses of the acquisition and
construction of said improvements upon the several parcels and
subdivisions of land in the Assessment District is in proportion
to the benefits to be received by such parcels and subdivisions,
respectively, from the improvements.
Section 5. Modification of Assessment.
The proposed
assessment and the proposed amount of money assessed on each
parcel of property included in the assessment shall be modified
as provided in the modified assessment presented by the Engineer
of Work to the Common Council at the hearing of protests.
Section 6.
Confirmation of Assessment.
The Common
Council hereby confirms the assessment as modified and the
diagram of the Assessment District, as contained in the Report,
and orders the construction of the improvements.
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Section 7. Recordation of Assessment and Diagram. The
Ci ty Clerk shall transmit said assessment and diagram to the
Superintendent of Streets who shall record them in a substantial
book to be kept for that purpose in his office, and the City
Clerk shall also record a copy of the diagram and a notice of
assessment in the form prescribed by Section 3114 of the Streets
and Highways Code of the State of California in the office of
the County Recorder of the County of San Bernardino.
Section 8. Notice. The City Clerk shall mail notice
of the recording of the assessment to the owners of the property
assessed as provided in Sections 10404 and 5070 of said Code and
shall also give notice of the recording of the assessment by
publication in The Sun as provided by said Section 10404.
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RESOLUTION CONFIRMING ASSESSMENT, 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, Reillv. Flores
NAYS: None
Maudsley, Minor, Pope-Ludlam. Miller
ABSENT: None
, 1989.
~/7r?/~//
/ City Clerk
hereby approved this ,;l6~.
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The foregoing resolution is
day of
December
Approved as to form
and legal content:
James F. Penman,
City Attorney
BJS0062
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/' . . H ccinb
Mayor, City of San Bernardino
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