HomeMy WebLinkAbout1989-350
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RESOLUTION NO. 89-350
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO APPROVING
ENGINEER'S REPORT AND APPOINTING TIME AND
PLACE FOR HEARING PROTESTS TO PROPOSED PUBLIC
IMPROVEMENTS
WHEREAS, the Mayor and Common Council (the "Common
8 Council") of the City of San Bernardino (the "City"), propose to
9 undertake proceedings pursuant to the Municipal Improvement Act
10 of 1913, Division 12 of the Streets and Highways Code, and the
11 Improvement Bond Act of 1915, Division 10 of said Code, for the
12 purpose of forming an assessment district, including portions of
13 the City which will benefit from the acquisition and construc-
14 tion of public improvements and payment of incidental costs and
15 expenses in connection therewith to be financed with the pro-
16 ceeds of bonds to be issued pursuant to the Improvement Bond Act
17 of 1915 for the benefit of the lands within the exterior
18 boundaries of the assessment districtl and
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WHEREAS, the Common Council has adopted Resolution
20 No. 89-346 entitled "Resolution of the H>yvr and Common Council
21 of the City of San Bernardino Declaring Intention to Order the.
22 Acquisition and Construction of Certain Public Improvements
23 Within and for a Proposed Assessment District and the Payment of
24 Certain Expenses Incidental Thereto Pursuant to the Municipal
25 Improvement Act of 1913, Describing the Assessment District to
26 be Assessed to Pay the Costs and Expenses of Such Improvements,
27 and Determining that Bonds Shall be Issued in the Amount of the
28 Unpaid Assessment Pursuant to the Improvement Bond Act of 1915,"
which resolution is the Resolution of Intention with respect to
the proceedings for the proposed assessment district and the
sale of said bonds (the "Resolution of Intention"); and
WHEREAS, pursuant to the Resolution of Intention, the
Engineer of Work has prepared and filed its report with the City
Clerk as provided for in Sections 10203 and 10204 of the Streets
and Highways Code, and the City Clerk has presented said report
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12 NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COMMON
13 COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
14 Section 1. Report. The Report of the Engineer of Work
15 (the "Report") contains all matters required by Section 10204 of
16 the Streets and Highways Code. The Report further contains,
17 pursuant to Section 2961 of the Streets and Highways Code, as
18 ordered by the Common Council in Section 10 of the Resolution of
19 Intention, the following information: (i) the total amount, as
20 near as may be determined, of the total principal of all unpaid
21 special assessments required or proposed to be levied under any
22 completed or pending assessment proceedings, which would require
23 an investigation and report under the Special Assessment
24 Investigation, Limitation and Majority Protest Act of 1931,
25 Division 4 (commencing with S 2800) of the Streets and Highways
26 Code, against the total area proposed to be assessed; and
27 (ii) the total true value, as near as may be determined, of the
28 parcels of land and improvements which are proposed to be
to the Common Council for review and consideration; and
WHEREAS, the Common Council desires to pass on said
report and appoint a time and place for hearing of protests to
the acquisition and construction of the public improvements;
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assessed. Based on the Report, the total amount of the princi-
pal sum of all unpaid special assessments levied against the
parcels proposed. to be- assessed as computed pursuant to clause
(ii) above, plus the principal amount of the special assessments
proposed to be levied in the instant proceedings, do not exceed
one-half of the total value of the parcels proposed to be
assessed, as computed pursuant to paragraph (2) of subdivi-
sion (b) of said Section 2961. The Report is therefore in
proper form and does not require modification, and the Report is
hereby adopted, passed upon and preliminarily approved.
Section 2. Hearing. The time of 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, are appointed as the time and place for
hearing protests to the proposed public improvements. Any and
all persons having any objections to the proposed acquisition
and construction of the public improvements, or the proposed
assessment on the land within the proposed assessment district,
or any parcel thereof, or the extent of the assessment district
may appear and show cause why the acquisition and construction
of the public improvements should not be accomplished in
accordance with the Resolution of Intention and the Report.
Protests must be in writing and must be delivered to the City
Clerk at or before the time set for the hearing.
Section 3. Inquiries. The Common Council does hereby
designate Roger G. Hardgrave, Director of Public Works/City
Engineer, telephone number (714) 384-5025, as the person to
answer inquiries regarding the protest proceedings.
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1 Section 4. Notice. The City Clerk is directed to give
2 notice of the hearing as follows:
3 (a) The City Clerk shall cause notices of the
4 passage of the Resolution of Intention and of this reso-
5 lution to be posted conspicuously on all open streets within
6 the Assessment District, not more than 300 feet apart on
7 each street so posted, but not less than three in all, all
8 in accordance with Sections 10302 and 10303 of the Streets
9 and Highways Code.
10 (b) The City Clerk shall also give notice of said
11 hearing, and of the adoption of the Resolution of Intention
12 and of this resolution by causing such notice to be pub-
13 lished in accordance with Section 6066 of the Government
14 Code in The Sun, a newspaper of general circulation pub-
15 lished and circulated in the City, once a week for two
16 successive weeks with at least five (5) days intervening
17 between the respective publication dates, not counting such
18 publication dates, as prescribed by Section 10304 of the
19 Streets and Highways Code. Said notices shall be posted and
20 first published at least twenty (20) days before the date
21 set for the hearing of protests.
22 (c) At least twenty (20) days before the date set
23 for the hearing of protests, the City Clerk shall, pursuant
24 to Sections 10306 and 10307 of the Streets and Highways
25 Code, mail, postage prepaid, notice of said hearing and of
26 the adoption of the Resolution of Intention, and the filing
27 and approval of the Report to all persons owning real prop-
28 erty proposed to be assessed whose names and addresses
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appear on the last equalized assessment roll for taxes of
the County of San Bernardino, or who are known to the City
Clerk. Upon the completion of the mailing of said notices,
the City Clerk shall file with the Common Council a
declaration setting forth the time and manner of the
compliance with the requirements of this resolution for
publishing, posting, and mailing notices.
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RESOLUTION APPROVING ENGINEER'S REPORT, A.D. 985
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a regular meeting thereof held on the 6th day of
4 September, 1989, by the following vote, to wit:
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AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller
NAYS:
None
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this
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ABSENT: None
~hA?~
C1 ty C1er
The
foregoing
resolution
is
hereby
approved,
8th
day of September
, 1989.
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Approved as to form
20 and legal content:
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Attorney
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