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CI'fY' OF SAN BERN'ODINO
File No. 14.40-68
- REQUEST F~ COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
10:00 Hearing & Res. Modifying
Engr's Rpt.- Denying Protests &
Apprv. Engr's Rpt. AD 987
(Verdemont Area Imp. Distr.)
Dept:
Public Works/Engineering
Date:
April 29, 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.
04-15-91
Adopted Resolution Modifying Engineer's Report.
Flecommended motion:
1. That the hearing be closed and find and determine that the public convenience and
necessity require the proposed improvement in the Verdemont area.
2. Adopt Resolutions.
cc: Shauna Edwins, City Administrator
Andrew Green, Finance Director
Jim Penman, City Attorney
{A~
Contact person:
Verne Nadeau
Phone:
384-5026
Supporting data attached:
staff Report, Map
Ward:
5
FUNDING REQUIREMENTS:
Amount:
S4,005,947.36
Source: (Acct. No.!
251-663-53925
(Acct. Descriotion)
To be paid through sale of Bonds
Verdemont Area Improvement Distr.
Finance: ~ 0 r-
Council Notes:
75-0262
Agenda Item No
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1- _
CITY OF SAN BERN4DINO - REQUEST FOt COUNCIL ACTION
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 properly 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. On April IS, 1991, the Mayor and Common
Council adopted Resolution No. 91-120 approving the modified Report.
As required by the Municipal Improvement Act of 1913, the portions of the
streets within the proposed district were posted, notice of improvement was
mailed to each of the property owners in the proposed district and notice of
the adoption of the Resolution of Intention was published.
This is the next formal step in the proceedings. If protests are received
which represent more than 50% of the "area" of the district and are not
withdrawn before the end of the hearing, all proceedings shall terminate as
required by the 1931 Dept Limitation Act unless the protests are against
only a portion of the district in which case the remainder can proceed and
only that part would terminate.
4-29-91
75-0264
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RESOLUTION NO.
2
3
RESOLUTION OF THE CITY OF SAN BERNARDINO
ORDERING CERTAIN CHANGES AND MODIFICATIONS
TO THE ENGINEER'S REPORT IN A SPECIAL
ASSESSMENT DISTRICT
4
5
6 WHEREAS, the Mayor and Common Council (the "Common
7 Council") of the City of San Bernardino, California, (the
8 "City"), has previously adopted Resolution No. 91-71 (the
9 "Resolution of Intention") on March 11, 1991, pursuant to the
10 provisions of the Municipal Improvement Act of 1913 (the
II "Act"), being Division 12 of the Streets and Highways Code of
12 the State of California, for the acquisition of certain public
13 improvements in a special assessment district designated as:
14
ASSESSMENT DISTRICT NO. 987
IS (VERDEMONT AREA)
16 (hereinafter referred to as the "Assessment District"); and
17 WHEREAS, subsequent thereto, the Common Council did,
18 by Resolution No. 91-72 adopted on March 11, 1991 approve the
19 Engineer'S Report in preliminary form as required in the
20 proceedings for the Assessment District, as modified by
21 Resolution No. 91-120 adopted on April 15, 1991; and
22 WHEREAS, prior to the Public Hearing for the
23 Assessment District, the Engineer of Work has modified the
24 scope and extent of the improvements and refined the prices
25 thereof, and at this time an amended assessment roll has been
26 presented showing such modifications and reductions, if any, in
27 the assessments because of the modifications and refinements
28 made; and
3626ap.6
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RESOLUTION APPROVING ENGINEER'S REPORT, AS AMENDED
2
3
WHEREAS, the Common Council has determined to approve
the assessment roll included in the Engineer's Report as
amended and presented at this time.
NOW, THEREFORE, the Mayor and Common Council of the
City of San Bernardino, do hereby resolve as follows:
SECTION 1. The above recitals are all true and
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correct.
SECTION 2. The Common Council hereby orders and
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approves the changes and modifications set forth in the
Engineer's Report as amended and presented at this time,
constituting refinements made to the scope and extent of the
improvements and the cost estimates set forth in the
13
preliminary Engineer'S Report as previously modified, pursuant
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~Section 10352 of the Act.
SECTION 3. The Engineer'S Report, the assessment
roll, and all related documentation, as so amended, are all for
the best interests of the property owners within the Assessment
District, and said assessment, as amended and apportioned, is
in accordance with the benefits received, and the Engineer's
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Report, as amended and presented at this time, is hereby
determined to be the final Engineer's Report for all subsequent
proceedings relating to this Assessment District.
SECTION 4. This resolution shall take effect
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immediately upon its adoption.
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/ / /
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3626ap.7
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RESOLUTION APPROVING ENGINEER'S REPORT, AS AMENDED
ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA)
2
3
I HEREBY CERTIFY that the foregoing resolution was
4
duly adopted by the Mayor and Common Council of the City of San
5
Bernardino at a
meeting thereof, held on
6
, 1991, by the following vote, to wit:
the _ day of
7
8
Council Members:
au;.5.
NAYS.
ABSTAIN
9
ESTRADA
10
REILLY
II
HERNANDEZ
12
MAUDSLEY
13
MINOR
14
-roPE-LUDLAM
15
MILLER
16
17
18
City Clerk
19
The foregoing resolution is hereby approved
day of , 1991.
this
20
21 W.R. Holcomb, Mayor
City of San Bernardino
22 Approved as to form
and legal content:
23
24
25
26
27
James F. Penman
:~,
/ / /
/ / /
28
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3626ap.8
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RESOLUTION NO. ____
2
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RESOLUTION OF THE CITY OF SAN BERNARDINO
OVERRULING AND DENYING PROTESTS AND MAKING
CERTAIN FINDINGS IN A SPECIAL ASSESSMENT
DISTRICT
"
5
6 WHEREAS, the Mayor and Common Council (the "Common
7 Council") of the City of San Bernardino California, (the
8 "City") has, by Resolution No. 91-71 adopted on March 11, 1991
9 (the "Resolution of Intention"), declared its intention to
10 order the acquisition of certain public improvements, pursuant
" to the terms and provisions of the Municipal Improvement Act of
12 1913 (the "Act"), being Division 12 of the Streets and Highways
13 Code of the State of California, in a special assessment
I" district designated as:
15
16
ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
17
(hereinafter referred to as the "Assessment District"); and
18
WHEREAS, the Common Council in and by said resolution
19
referred said proposed improvements to the Engineer of Work of
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the Assessment District, and directed said Engineer of Work to
make and file with the City Clerk a report in writing
containing the matters specified in Section 10204 of the
Streets and Highways Code which report was thereafter filed on
24
March 11, 1991, and was preliminarily approved by the Common
25
Council by Resolution No. 91-72, adopted by the Common Council
26
27
on March 11, 1991 and said report was modified by Resolution
No. 91-120 adopted by the City Council on April 15, 1991, and
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the Common Council fixed 10:00 o'clock A.M. on Monday, May 20,
3626ap. 10
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RESOLUTION OVERRULING AND DENYING PROTESTS
1991, at the Council Chambers, City of San Bernardino, 300
2
North "0" Street, San Bernardino, California 92418, as the time
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and place for hearing of protests to said proposed
improvements, and provided notice of said hearing; and
WHEREAS, the City Clerk has filed with the Common
Council an affidavit setting forth the time and manner of
compliance with the requirements of law for publishing, posting
and mailing notices of the adoption of said Resolution of
Intention and of the filing of said report and of the time and
place for hearing protests to said proposed improvements, or to
the extent of the Assessment District or to the proposed
assessment; and the Common Council hereby finds this notice of
the adoption of said Resolution of Intention and of the filing
14
~said report and of the time and place for hearing protests
15
to said proposed improvements, or to the extent of the
16
Assessment District or the proposed assessment has been
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published, posted and mailed in the time, form and manner
required by law; and
WHEREAS, said public hearing was duly convened by the
Common Council at the time and place set therefor; and
WHEREAS, said pUblic hearing was continued to
7:30 p.IO. on Monday June 10, 1991 at the Council Chambers, City
of San Bernardino, 300 North "0" Street, San Bernardino,
California; and
WHEREAS all protests and objections were presented to
the Common Council and duly heard and considered, and all
matters as to the boundaries of the Assessment District, the
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3626ap.11
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RESOLUTION OVERRULING AND DENYING PROTESTS
improvements to be acquired, the method and formula of the
2
assessment spread and the finding of benefits received by the
3
respective properties assessed for the proposed improvements
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and the apportionment of said benefits were heard and
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considered; and
WHEREAS, the Common Council found and determined that
protests against said proposed improvements were not made by
the owners of more than one-half of the area of the land in
said Assessment District to be assessed for said proposed
improvements.
NOW, THEREFORE, the Mayor and Common Council of the
City of San Bernardino do hereby resolve as follows:
SECTION 1. The above recitals are all true and
~rect.
SECTION 2. The public hearing on the Assessment
District is hereby closed.
SECTION 3. All protests and objections of every kind
and nature be, and the same hereby are, overruled and denied,
and it is determined that said protests and objections are made
by the owners of less than one-half (1/2) of the area of
property to be assessed for said public improvements within the
Assessment District.
SECTION 4. Is hereby further determined that all
properties within the boundaries of the Assessment District
receive a local and direct benefit from the works of
improvement as proposed for said Assessment District, and it is
hereby further determined and declared that all assessable
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3626ap.12
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RESOLUTION OVERRULING AND DENYING PROTESTS
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IS
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costs and expenses have been apportioned and spread over the
properties within the boundaries of the Assessment District in
direct proportion to the benefits received thereby.
SECTION 5. The method of spread and apportionment of
all costs, as contained in the amended Engineer's Report
described in the Resolution previously approved on the date
hereof is hereby approved and adopted as being a correct and
proper apportionment and distribution of all assessable costs
for said public improvements.
SECTION 6. This resolution shall take effect
immediately upon its adoption.
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3626ap.13
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RESOLUTION OVERRULING AND DENYING PROTESTS
ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA)
2
3 I HEREBY CERTIFY that the foregoing resolution was
4 duly adopted by the Mayor and Common Council of the City of San
5
Bernardino at a
meeting thereof, held on
6
the
day of
, 1991, by the following vote,
7 to wit:
8
Council Mem);IlUli:
ABSTAIN
~
~
9
ESTRADA
10
REILLY
II
HERNANDEZ
12
MAUDSLEY
13
MINOR
14
!?OPE-LUDLAM
15
MILLER
16
17
18
City Clerk
19
20
The foregoing resolution is hereby approved this
day of , 1991.
21
22
23
W.R. Holcomb, Mayor
City of San Bernardino
24
Approved as to form
and legal content:
25
26
27
28
James F. Penman
City Attorney
~
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3626ap.14
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RESOLUTION NO.
2
3
RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE ASSESSMENT, APPROVING THE
ENGINEER'S REPORT AND DESIGNATING THE
TREASURER TO COLLECT AND RECEIVE MONEY
4
5
6 WHEREAS, the Mayor and Common Council (the "Common
7 Council") of the City of San Bernardino, California (the
8 "City") adopt its Resolution of Intention No. 91-71 (the
9 "Resolution of Intention"), on March 11, 1991, for the
10 acquisition of certain public improvements in a special
" assessment district designated as :
12
13
ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
14
15
16
-rnereinafter referred to as the "Assessment District"); and
WHEREAS, pursuant to the Resolution of Intention, an
17
Engineer's Report, as therein provided, was presented,
18
considered and approved; and
19
WHEREAS the Mayor and Common Council of the City
20
21
22
23
24
adopted Resolution No. 91-120 on April 15, 1991 preliminarily
approved the Engineer's Report, as modified; and
WHEREAS, the Engineer's Report, as preliminarily
approved and now presented in amended and final form (the
"Engineer's Report"), does contain all the matters and items
25
called for by law pursuant to the provisions of the Municipal
26
27
Improvement Act of 1913 (the "Act"), being Division 12
(commencing with Section 10000) of the Streets and Highways
28
Code of the State of California, including the following:
, 3626ap.16
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RESOLUTION CONFIRMING ASSESSMENT; APPROVING ENGINEER'S REPORT;
DESIGNATING OFFICIALS
2
3
1.
A general description of the public improvements
to be included in the Assessment District;
4
2.
Plans and specifications of the proposed
5
improvements;
6
3.
Estimate of cost;
7
4.
Diagram of Assessment District;
8
An assessment for the improvements according to
5.
9
benefits; and
10
A provision for maximum annual assessments for
6.
II
administration of the Assessment District.
12
WHEREAS, the Common Council fixed 10:00 o'clock A.M.
13
on Monday, May 20, 1991 at the Council Chambers, 300 North "D"
14
Street, San Bernardino, California 92418 as the place, date and
15
time for a public hearing on the proposed improvements; and
16
17
18
WHEREAS, notices of said public hearing were duly and
regularly posted, mailed and published in the time, form and
manner required by law and as evidenced by affidavits on file
19
with the transcript of these proceedings; and
20
WHEREAS, said public hearing was continued to
21
22
23
7:30 p.m. on Monday June 10, 1991 at the Council Chambers, City
of San Bernardino, 300 North "D" Street, San Bernardino,
California; and
24
WHEREAS, all protests have been heard and considered,
25
and a full hearing has been given, all in the manner provided
26
27
by law; and
WHEREAS, the owners of more than one-half (1/2) of the
28
area being assessed for the cost of the proposed improvements
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3626ap. 17
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RESOLUTION CONFIRMING ASSESSMENT; APPROVING ENGINEER'S REPORT;
DESIGNATING OFFICIALS
2 did not file written protests against the proposed
3 improvements, and the Common Council did, after providing a
4 full hearing and, to the extent such were received, overruled
5 and denied all protests and objections; and
6 WHEREAS, the Common Council is now satisfied with the
7 assessment and all matters contained in the Engineer's Report
8 as now submitted.
9 NOW, THEREFORE, the Mayor and Common Council of the
10 City of San Bernardino do hereby resolve as follows:
II
SECTIOH-l. The above recitals are all true and
12 correct.
13
SECTION 2. The Engineer's Report, including the
14 assessment and diagram for the improvements, together with
15 appurtenances and appurtenant work in connection, is hereby
16 approved and the assessment contained therein is hereby
17 conf i rmed.
18
SECTION 3. The public interest and convenience
19 require the proposed improvements to be acquired, and therefore
20 it is hereby ordered that the work be done and the improvements
21 constructed and acquired in the Assessment District, as set
22 forth in the Resolution of Intention previously adopted and as
23 set forth in the Engineer's Report previously presented and
24 considered.
25
26
27
~~N 4. The assessment contained in the Engineer's
Report is hereby levied upon the respective subdivisions of
land in the Assessment District as set forth in the Engineer's
28
Report.
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3626ap. 18
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RESOLUTION CONFIRMING ASSESSMENT; APPROVING ENGINEER'S REPORT;
DESIGNATING OFFICIALS
2
SECTION 5. The Engineer of Work shall forthwith
3 deliver to the Superintendent of Streets said assessment,
4 together with the diagram attached thereto and made a part
5 thereof, as confirmed, with his certificate of such
6 confirmation attached and the date thereof; and the
7 Superintendent of Streets shall then immediately record said
8 diagram and assessment in his office in a suitable book to be
9 kept for that purpose and attach thereto his certificate of the
10 date of such recording.
II
SECTION 6. The Superintendent of Streets, upon the
12 recording of the diagram and assessment, is hereby directed to
13 mail to each owner of real property within the Assessment
14 District at his last known address, as the same appears on the
15 tax rolls of the County of San Bernardino or is on file with
16 the City Clerk of the City, or to both addresses if said
17 address is not the same, or to General Delivery when no address
18 so appears, a statement containing a designation by street
19 number or other description of the property assessed sufficient
20 to enable the owner to identify the same, the amount of the
21 assessment securing such series of bonds, the time and place of
22 payment thereof, the effect of failure to pay within such time,
23 and a statement of the fact that bonds will be issued on unpaid
24 assessments pursuant to the Improvement Bond Act of 1915.
25
SECTION 7. The Treasurer is hereby designated to
26 collect and receive the money paid pursuant to said Assessment
27
as herein confirmed. The Superintendent of Streets is hereby
28
ordered and directed to give notice by publishing a copy of a
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3626ap.19
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RESOLUTION CONFIRMING ASSESSMENT, APPROVING ENGINEER'S REPORT;
DESIGNATING OFFICIALS
2 notice of recording of assessment in The Sun, once a week for
3 two successive weeks, giving notice that said assessment has
4 been recorded in his office, and that all amounts assessed
5 thereon are due and payable immediately, and that the payment
6 of said amount is to be made within thirty (30) days after the
7 date of recording the assessment, which date shall be so stated
8 in said notice, and of the fact that securities will be issued
9 upon unpaid assessments.
10
SECTION 8. Upon confirmation of the assessment and
11 recordation of the assessment roll and diagram, a certified
12 copy of the assessment diagram shall be immediately filed in
13 the office of the County Clerk and Recorder of the County of
14 San Bernardino. Immediately thereafter, a copy of the Notice
15 of Assessment shall be completed and recorded in the office of
16 the County Clerk and Recorder in the County of San Bernardino
17 in the manner and form as set forth by law and specifically
18 Section 3114 of the Streets and Highways Code of the State of
19 California, whereupon said assessment shall become a lien upon
20 the land on which it is levied, pursuant to the Act.
21
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SECTION 9. This resolution shall take effect
immediately upon its adoption.
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3626ap.20
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RESOLUTION CONFIRMING ASSESSMENT, APPROVING ENGINEER'S REPORT;
DESIGNATING OFFICIALS
2 ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA)
3
,
,
4 I HEREBY CERTIFY that the foregoing resolution was
5 duly adopted by the Mayor and Common Council of the City of
6
San Bernardino at a
meeting thereof, held on
7
the
day of
, 1991, by the following vote,
8 to wit:
9
10
Council Members:
~
~
ABSTAIN
II ESTRADA
12 REILLY
13 HERNANDEZ
14 MAUDSLEY
15 MINOR
16 POPE-LUDLAM
17 MILLER
18
19
20
City Clerk
21
The foregoing resolution is hereby approved this
day of , 1991.
22
23
W.R. Holcomb, Mayor
City of San Bernardino
24
Approved as to form
and legal content:
25
26
27
James F. Penman
~
By ~
28
-6-
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ASSESSMENT DlsmlCT NO. 987
VEROEMOflT AREA IMPROVEMENT DISTRICT
IOl'lhe
CITY Of' SAN BERNARDINO
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