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Home My WebLink About1988-134 " RESOLUTION NO. 88-134 1 RESOLUTION OF THE CITY OF SAN BERNAROINO PRELIMINARILY 2 DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE FORMATION OF AN IMPROVEMENT ASSESSMENT DISTRICT UNDER THE 3 PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913; DECLARING ITS INTENTION TO PROCEED TO ORDER WORK WITHIN THE DISTRICT 4 UNDER SAID ACT, TO BE KNOWN AS "ASSESSMENT DISTRICT NO. 983"; AND SETTING AND DIRECTING PUBLICATION OF NOTICE OF A TIME AND 5 DATE OF A PUBL IC HEAR ING. 6 WHEREAS, the City of San Bernardino (hereinafter called 7 "City") as an exercise of its municipal affairs powers has 8 enacted an Assessment District Ordinance (Municipal Code 9 Chapter 12.90) to provide for the procedure for the formation 10 of assessment districts within the City; and 11 WHEREAS, it has now become necessary to consider the 12 formation of an improvement assessment district under the 13 Municipal Improvement Act of 1913 within the City, to be known 14 as "Assessment District No. 983"; and 15 WHEREAS, as a further exerci se of the powers vested in 16 the City by virtue of Section 19, Article XVI, California 17 Constitution, the City intends to conduct a hearing and hear 18 protests, if any, as to why the district should not be formed 19 and the acquisitions and improvements completed under the 20 provisions of the Improvement Act of 1913; 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 22 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 23 SECTION 1. Pursuant to Chapter 12.90 of the San 24 ernardino Municipal Code, the Mayor and Common Council of said 25 ity, hereby preliminarily find and determine that the public 26 0 n v e n i en c e and n e c e s sit y r e qui r e, and i tis the i n ten t ion 0 f 27 28 4-12-88 '. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION: PROCEED WITH 1913 ACT FOR A.D. 983 1 2 3 4 the Mayor and Common Council to form Assessment District No. 983 under the provisions of the Municipal Improvement Act of 1913, the boundaries of which are generally, as follows: generally bounded on the West by the Interstate 215 Freeway; on the East generally by "E" Street; on the South by Mill Street and on the North by Rialto Avenue which District is divided into zones accordi ng to benefi t. SECTION 2. It is the intention of said Mayor and Common Counci 1 to order improvements wi thin the di stri ct under said Municipal Improvement Act of 1913 which improvements consist of, but are not limited to, the the construction and/or reconstruction of curbs, gutters, paving, sidewalk, landscaping and/or undergrounding of utilities in portions of "G" Street between Rialto Avenue and Mill Street, portions of "F" Street between Rial to Avenue and "G" Street, portions of "E" Street between Rialto Avenue and Mill Street, portions of Rialto Avenue between the Interstate 215 Freeway and "E" Street, and portions of Mill Street between "G" Street and "E" Street. The estimated cost of said improvements, including incidental costs is $7,741,248. SECTION 3. Said contemplated work and improvements is of more than local or ordinary public benefit, and that said Mayor and Common Council do hereby make the expense of such work and improvement chargeable upon the district, which dis- trict is hereby declared to be the district benefited by said 5 4-12-88 2 - 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION: PROCEED WITH 1913 ACT FOR A.D. 983 1 2 3 4 proposed work and improvement, and to be assessed to pay the cost and expense thereof. All public streets or alleys, or porti ons thereof, and any properti es bel ongi ng to the Ci ty of San Bernardino hereby are excepted from said assessment. SECTION 4. The assessment fi nanci ng wi 11 be under the provisions of the Municipal Bond Act of 1915. SECTION 5. That notice is hereby given that on June 6, 1988, at the hour of 9:30 a.m., in the Council Chamber, in the City Hall of said City, there shall be a public hearing before said Mayor and Common Council for the purpose of determining whether the public convenience and necessity require the forma- tion of the proposed improvement district under the provisions of the Municipal Improvement Act of 1913 and whether the Mayor and Common Council should proceed with ordering the above described improvements under said Act. At said hearing, any and all persons interested may appear and show cause, if any they have, why the Mayor and Common Council should not find and determine that the public convenience and necessity require the formation of the proposed district and the intention of the Mayor and Common Council to proceed to order work within the district under the provisions of the Municipal Improvement Act of 1913. SECTION 6. At said public hearing, all persons will be heard, any holder of title to taxable real property within the boundaries of the proposed district may file a protest in 5 4-12-88 3 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION: PROCEEO WITH 1913 ACT FOR A.D. 983 writing with the City Clerk, not later than the hour hereinabove set for hearing, containing therein a description of the property in which the signer thereof is interested sufficient to identity the same, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. The basis for determining the existence of a majority protest shall be based on the area of respective lots or parcels invol- ved in proportion to the area of the entire district. SECTION 7. The City Clerk is authorized and directed to cause a copy of this resolution to be published in a newspaper of general circulation published in the City, and that said Clerk shall cause a notice of the adoption of this resolution to be posted and mailed as required by Section 12.90.040C of the Municipal Code of the City of San Bernardino. SECTION 8. A copy of this resolution and a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement will be on file with the City Clerk and will be available for inspection by any person or persons interested. * * * * * * * * * 4-12-88 4 ,. . . I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .' " RESOLUTION: PROCEED WITH 1913 ACT FOR A.D. 983 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a rP-Qulnr on the day of 2nd following vote, to wit: meeti ng thereof, hel d Mny 1988, by the , AYE S: Co u n c i 1 Me mbe r s__12~tsa22... Reilly, Flores, NAYS: None Maudsley, Minor, Pope-Ludlam, Miller ABSENT: None ~ffi'~ ./ 1 ty C e r -fL L.6 day of The foregoi ng resol uti on is hereby approved thi s , 1988. Approved as to form and legal content: cifl)~ 4-12-88 May 5 _J~ +-_ I."'" ~!~'~'.!!l L I~~ I .;.- ~ 1\ \ - "["' ~~... " I . I .~l-,J . \ " ,~~ L.f'~' _-:- ._~ '\1 L.:::::;~ ~ Irwfti:' ,.....:'1-.,.\ , . -.="~\~ A . ~ ,,'(:,/ -.' \'\. ? " .'.' .;'.'1' "'T- \." -e-1 ~e" "'.., \d' :'~'f1' 'A~" ~ "I' ,. /. "..- ,,1\' '" I 11 ! " .., , ,," e lr .., \ 'II l;:rli ~ . ~J";"~'!"'""\ <S i \1:: 11.;i~: .;-~ro"'~ \. ' -",,~ - ,1, ._-~ ~ \ , \, ,e T -~.- \\'I~' @. ~" \! !~!U@~!@~(e~~ ~~. 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