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36-Public Works
File No. 14.40-73 CIT'•: OF SAGN BER~IRDINO - REQUEST ~R COUNCIL ACTION .- From: ROGER G. HARDGRAVE, Director Subject: 10:00 a.m. Public Hearing: Report, fi'- Assess. Roll, Resolution Confirm Dept: public Works/Engineering Rpt. & Assess. Roll, (Notice of Assessment -Chapter 12.92 Street Date: April 19, 1993 Improvements) Synopsis of Previous Council action: 3-11-91 -- The Director of Public Works was directed to cause the installation of certain improvements to 18 various properties within the City if the owners did ~~ot commence construction by January 25, 1991. 6-1-92 -- Approval of Plan No. 8690, approval and authorization granted to advertise for bids. 8-3-92 -- Resolution No. 92-296 adopted awarding a contract to A.L. Chavez Enterprises, Inc. 3-22-93 -- A Public Meeting was held regarding this matter and all comments or protests were carried over to this Hearing. Recommended motion: (1) That any objections or protests be overruled and the hearing be closed. (2) Adopt the Resolution. cc: Shauna Clark, City Administrator Barbara Pachon, Director of Fina„ce James F. Petmtan, City Attorney na ure ~ Contactperson~ Kelley Poole Phone• 384-5476 Supporting dataattached• Staff Rept., Resolution, Assmt.Roll Ward: 1,3, & 6 FUNDING REQUIREMENTS: Amount: S 38,589.06 Source•(Acct.No.) ?251-683-53925 (Tax Bill Assessments) Acct. Descri lion Chapter 12.92 (1990-03) To be recouped through assessments. Finance: i Council Notes: I ~ i ~s-ozsz Agenda Item No. CITY OF SAN BER~RDINO -REQUEST ~R COUNCIL ACTION r STAFF REPORT .a. The construction mentioned in the synopsis of previous Council action was not so commenced, and therefore, the improvements were caused to be installed by the City. This is the time to hear any protests and rule accordingly. This is the second of two hearings as required relative to the attached report by the Director of Public Works/City Engineer as required by Section 5882 of the Streets and Highways Code of the State of California which specifies the work which was done, the cost of construction, a description of the real property in front of which the work was done and the assessment against each lot or parcel of land proposed to be assessed to pay the cost thereof. On March 10, 1993, notices were sent by certified mail to the owners of the affected properties as required by Chapter 27 and Chapter 12.92: The notices set a hearing dates of March 22, 1993 and May 10, 1993, the first meeting being na sooner than 10 days after giving notice and the second hearing being no sooner than 45 days after giving notice. The property owners will have 5 days after the confirmation of the assessments in which to pay the assessment in cash to the Director of Public Works/City Engineer, otherwise, the assessments will be placed on the respective tax bills over n three year period at 7~ interest per annum on the unpaid balance. Attached also is the necessary Resolution confirming the report and the assessment roll for 1993-94 for your action. it 4/19/93 2 I I 75.0264 V 1 RESOLUTION N0. 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER FOR THE CONSTRUCTION OF CERTAIN 3 IMPROVEMENTS TO VARIOUS PROPERTIES IN THE CITY OF SAN BERNARDINO, PLACING A LIEN THEREON, AND CONFIRMING THE 1993-94 ASSESSMENT ROLL. 4 5 WHEREAS, pursuant to the provisions of Chapter 27 nE the Improvem~~~it s Act of 1911, and Chapter 12.92 of the San Bernardino Municipal Code, the 7 Mayor and Common Council of the City of San Bernardino did on the 11th day of 8 March, 1991, order the construction of certain improvements by propeT~Ly 9 owners of various properties within the City of San Bernardino, which 10 construction was to be commenced by January 25, 1991; and 11 WHEREAS, the said construction was not commenced by said date and 12 the Director of Public Works/City Engineer caused said work to be done; and 13 14 WIIEREAS, according to the provisions of said Chapter 27 and Chapter 15 12.92, a report has been filed by said Director of Public Works/City Engin~:er 16 specifying the work which was done, the cost of construction, a description 17 of the real property in front of which the work was done and the assessment 18 against each lot or parcel of land proposed to be assessed to pay the cost 19 thereof; 20 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 21 BERNARDINO DO RESOLVE AS FOLLOWS: 22 23 SECTION 1. That the Mayor and Common Council do hereby find and I! 24 determine that the costs to be levied against the parcels of land as i i 25 delineated in the report by the Director of Public Works/City Engineer, I 26 attached hereto as Exhibit "A" and incorporated herein by reference, are 27 /// 28 /// Y O O 1 correctly set forth and do hereby confirm said report and costs. ' 2 SECTION 2. That the City of San Bernardino, acting through its 3 Director of Public Works/City Engineer does hereby claim a lien on all of ~!~e 4 properties listed in said report in the amounts so listed which are not paid 5 within five (5) days from the date of this Resolution and the same shall b.• a s lien upon said real property and collected with the annual property taxes 7 over a period of three years until the said sums, with interest at the r.+l:e 8 of 7~ per annum on the unpaid balance, are paid in full. 9 10 3ECTION 3. That the assessment roll, designated as Exhibit "B" ~+od 11 attached hereto, representing the correct proportionate costs to be levied 12 against the parcels of land as set forth thereon for 1993-94, is hereby 13 confirmed. 14 SECTION 4. That pursuant to Section 5893 of the Streets and 15 Highways Code of the State of California, the City Clerk is directed to cause 16 a copy of this Resolution and a list of the unpaid assessments for 1993-94 17 including interest, to be transmitted to the Office of the Auditor-Controller 18 for the County of San Bernardino with the request that the individual 19 assessments be placed on the subject property tax bills for collection 20 together with all other property tuxes. 21 ~ /// ~ /// 24 /// ~ /// 26 /// 27 /// I ~ /// o4/is/ss z y © O 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by t!ie 2 Mayor and Common Council of the City of San Bernardino at a 3 meeting thereof, held on the day of , 1993, by the 4 following vote, to wit: 5 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA _ _ 8 REILLY 9 HERNANDEZ _ _ 10 MAUDSLEY 11 MINOR _ _ 12 POPE-Id1DI.AM 13 MII.I.ER _ _ 14 15 City Clerk 16 17 7'he foregoing resolution is hereby approved this day of 18 1993. 19 20 W.R. Holcomb, Mayor of San Bernardino 21 22 Approved as to fora and legal content: 23 James F. Penmen, 24 City Attorney n_ ~ 25 By: 7 . 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N0. 1 0144-051-12 1942.12 ~ 2 0144-051-17 1087.48 3 0139-073-34 531.'l'7 4 0139-162-01 1349.05 5 0139-172-OB 236.58 6 0137-102-10 1047.29 7 0137-121-07 1451.35 8 0137-123-14 1223.73 9 0142-511-23 853.61 10 0137-161-02 1314.01 11 0141-031-23 369.59 12 0141-031-37 356.15 13 0141-032-34 629.].6 14 0141-032-28 173.02 15 0136-182-24 811.34 16 0136-182-28 608.69 17 0136-182-29 946.04 IB 0136-182-45 633.77 I TOTALS 18 "EXEiIBIT B" I