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CITY' OF SAN BEIORDINO -
File No. 14.40-68
REQUESTOOR COUNCIL ACTION
From:
ROGER G. HARDGR4VE, Director
Subject:
Resolution Modifying Engineer's
Report. AD987 (Verdemont Area)
Dept:
Public works/Engineering
Date:
March 25, 1991
Synopsis of Previous Council action:
03-11-91
Adopted Resolution of Intention for Assessment Distr. 987.
03-11-91
Adopted Resolution Setting Hearing for Assessment Distr. 987.
03-11-91
Approved the Preliminary Report of the Engineer of work.
Recommended motion:
Adopt Resolution.
cc: Shauna Edwins. City Administrator
Andrew Green, Finance Director
Jim Penman. City Attorney
Contact person:
Verne Nadeau
Phone:
384-5026
Staff Report, Map
Ward:
5
Supporting data attached:
FUNDING REQUIREMENTS:
Amount:
S5,676,307.99
Source: (Acct. No,)
251-663-53925
(Acct. Descriotionl
To be paid through sale of Bonds
Verdemont Area Improvement Distr.
Finance: C U", \ Ur
Council Notes:
Agenda Item No.
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CITY OF SAN BE~RDINO - REQUEST()OR COUNCIL ACTION
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STAFF REPORT
On March 11 .
Intention No.
public hearing
of work.
1991. the Mayor and Common Council adopted
91-71 and Resolution No. 91-72 setting a time
and giving preliminary approval to the Report
Resolution of
and place for
of the Engineer
subsequently it was noticed that certain Tracts within the District had not
been property assessed due to some confusion relative to deposits made by a
Subdivider and new Tracts which had just recently been recorded and did not
appear in the Report as such.
The result
assessments
assessments.
does not change the overall cost. It will increase
to those parcels which were omitted and will reduce all
the
other
This Resolution will approve the amended report and all. notices have been
prepared to reflect this amendment.
Therefor. we recommend that the Resolution be adopted.
3-25-91
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO
PASSING ON AND GIVING PRELIMINARY APPROVAL
TO THE REPORT OF THE ENGINEER OF WORK, AS
MODIFIED, AND RATIFYING APPOINTMENT OF THE
TIME AND PLACE FOR PUBLIC HEARING FOR
ASSESSMENT DISTRICT NO. 987 (VERDEMONT
AREA)
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WHEREAS, the Mayor and Common Council (the "Common
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Council") of the City of San Bernardino (the "City") are
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considering the formation of an assessment district, pursuant
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to the Municipal Improvement Act of 1913, being Division 12
(commencing with Section 10000) of the California Streets and
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Highways Code, for the construction of certain public works
and improvements and acquisitions, if necessary, generally
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described as follows:
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Zone 1: Grading, excavation and appurtenant construction
required to install a box culvert in Cable Creek to raise
the Palm Avenue grade, including street improvements,
traffic signal and appurtenances;
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Zone 2: Construction of a storm drain system and
appurtenant construction required to install a storm
water and debris retention facility, including manhole
installation and safety-related amenities;
Zone 3: Construction of street improvements for Palm
Avenue within an 88 foot right-of-way, including sewer
with manholes, storm drain system, street lights and
appurtenant construction;
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(the "Improvements");
WHEREAS, the lands to be specially assessed for the
Improvements shall be included within an assessment district
designated
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ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
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(the "Assessment District"); and
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RESOLUTION APPROVING MODIFIED REPORT; RATIFYING PU~L~~ n~AK~~~
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WHEREAS, the Common Council has heretofore
preliminarily approved a written report upon the proposed
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improvement or acquisition, prepared pursuant to Section 2824
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and 2825 of the Special Assessment Investigation, Limitation
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and Majority Protest Act of 1931 (the "1931 Act"), being
Division 4 (commencing with Section 2800) of the California
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Streets and Highways Code, by the Engineer of Work of the
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Assessment District, which report is on file with the Common
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Council and in the office of the City Clerk;
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WHEREAS, such report has been consolidated with the
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report prepared pursuant to Sections 10203 and 10204 of the
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Streets and Highways Code, and has been filed with the City
Clerk and was presented by the Engineer of Work on March 11,
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1991;
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WHEREAS, the Engineer of Work has modified the
report to incorporate updated information relating to the
Assessment District and modifying the assessment roll, and the
report, as modified (the "Engineer's Report") has been filed
with the City Clerk and is presented by the Engineer of Work
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as this time;
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NOW, THEREFORE, the Mayor and Common Council of the
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City of San Bernardino do hereby resolve as follows:
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SECTION 1. The above recitals and each of them are
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SECTION 2. The Engineer's Report is hereby
26 preliminarily approved and adopted as follows:
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RESOLUTION APPROVING MODIFIED REPORT;
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RATIFYING PUBLIC HEARING
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(a) The plans and specifications for the
Improvements to be made, contained in the
Engineer's Report, are hereby preliminarily
approved and adopted;
(b) The Engineer's estimate of the itemized and
total costs and expenses of the Improvements,
acquisition, where necessary, and incidental
expenses in connection therewith, contained in
the Engineer's Report, is hereby preliminarily
approved and adopted;
(c) The diagram showing the Assessment District
referred to and described in a Resolution
adopted by the Common Council of the City (the
"Resolution of Intention") and the boundaries
and dimensions of the respective subdivisions
of land within the Assessment District, as the
same existed at the time of the passage of the
Resolution of Intention, each of which
subdivisions have been given a separate number
upon the diagram, as contained in the
Engineer's Report, is hereby preliminarily
approved and adopted;
(d) The proposed assessments upon the several
subdivisions of land in the Assessment
District, in proportion to the estimated
benefits to be received by such subdivisions
from the Improvements, acquisition and
incidental expenses in connection therewith, as
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the
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contained in the Engineer's Report, are hereby
preliminarily approved and adopted;
(e) The maps and descriptions of the land and
easements to be acquired, if any, as contained
in the Engineer's Report, are hereby
preliminarily approved and adopted;
(f) Additional information as described in Section
2825 of the Act including the value Of each
parcel to be assessed and the aggregate value
of all parcels and the maximum term and
interest rate of any bonds to be issued, is
hereby preliminarily approved and adopted.
SECTION 3. The Engineer's Report shall stand for
purpose of all subsequent proceedings undertaken pursuant
to the Resolution of Intention.
SECTION 4. The Common Council hereby ratifies its
appointment of the time and place for a public hearing (the
-Public Hearing-) on the Engineer's Report as authorized by
Resolution No. 91-72 adopted on March 11, 1991 as follows:
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fime.
Place
10: 00 A.M.
May 20, 1991
Council Chambers
City of San Bernardino
300 North -0- Street
San Bernardino, California
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and provides that any interested person may object to the
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proposed improvement, the extent of the Assessment District,
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the City Clerk at or before the time set for the hearing.
Such protest must contain a description of the property in
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PUBLIC HEARING
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RESOLUTION AP~VING
MODIFIED REPORT; RATIFYING
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which each signer thereof is interested sufficient to identify
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the same and. if the signers are not shown on the last
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equalized assessment roll as the owners of such property. must
contain or be accompanied by written evidence that such
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signers are the owners of such property.
SECTION 5. The Common Council hereby ratifies and
approves all actions of the City Clerk heretofore or hereafter
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taken in causing notice of the Public Hearing and the passage
of the Resolution of Intention. Resolution No. 91-72 and this
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Resolution to be posted on all open streets within the
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Assessment District. not more than 300 feet apart on each
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street so posted. but not less than three (3) notices in all.
at least 20 days before the date set for the hearing of
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protests. in the time. form and manner prescribed in Sections
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10302 through 10304 of the Act.
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SECTION 6. The Common Council hereby ratifies and
approves all actions of the City Clerk heretofore or hereafter
taken in giving notice of the Public Hearing and of the
passage of the Resolution of Intention. Resolution No. 91-72
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and this Resolution by causing such notice to be published in
the designated newspaper of the Assessment District. pursuant
to Section 6066 of the California Government Code. at least 20
days before the date set for the hearing of protests. in the
time. form and manner prescribed in Sections 10303 and 10304
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of the Act.
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SECTION 7. The Common Council hereby ratifies and
27 approves all actions of the City Clerk heretofore or hereafter
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RESOLUTION APPROVING MODIFIED REPORT;
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RATIFYING PUBLIC HEARING
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of the Resolution of Intention, Resolution No. 91-72 and this
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Resolution and the filing of the Engineer's Report to all
persons owning real property proposed to be assessed, whose
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names and addresses appear on the last equalized assessment
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roll for County taxes or as known to the City Clerk, at least
30 days before the date set for the hearing of protests, in
the time, form and manner prescribed in Sections 2851, 10306
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and 10307 of the 1931 Act and the 1913 Act.
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RESOLUTION APPROVING MODIFIED REPORT;
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RATIFYING PUBLIC HEARING
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ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA)
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I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
meeting thereof, held on
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4 San Bernardino at a
5 the day of
6 to wit:
7 Council Members: AnS
8 ESTRADA
9 REILLY
10 FLORES
II MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
, 1991, by the following vote,
&U.S.
ABSTAIN
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City Clerk
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The foregoing resolution is hereby approved this
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day of
, 1991.
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W.R. Holcomb, Mayor
City of San Bernardino
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Approved as to form
24 and legal content:
25 James F. Penman
City Attorney
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27 By i~A
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