HomeMy WebLinkAbout1989-469
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RESOLUTION NO. 89-469
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO DESCRIBING CHANGES
TO BE MADE IN THE PROPOSED IMPROVEMENTS,
STATING THE AMOUNT OF THE ESTIMATED INCREASE
IN THE COST OF THE IMPROVEMENTS BY REASON OF
SUCH PROPOSED CHANGES, AND GIVING NOTICE OF
THE TIME AND PLACE WHEN AND WHERE ANY
INTERESTED PERSON HAVING ANY OBJECTIONS TO
THE CHANGES PROPOSED TO BE MADE MAY APPEAR
BEFORE THE MAYOR AND COMMON COUNCIL AND SHOW
CAUSE WHY SAID CHANGES SHOULD NOT BE ORDERED
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WHEREAS, on September 6, 1989, the Mayor and Cornmon
Council (the "Cornmon Council") of the Ci ty of San Bernardino,
California
(the "City"), adopted Resolution No.
89-346,
the
Resolution of Intention for Assessment Distr ict No. 985 (the
"Assessment Distr ict"), declar ing the intention of the Cornmon
Council,
the provisions of Division 12 of
pursuant
to
the
Streets and Highways Code of the State of California,
the
Municipal Improvement Act of 1913, to order the acquisition and
construction of certain public improvements described therein;
and
WHEREAS, on September 6, 1989, the Cornmon Council
adopted Resolution No. 89-350 confirming the written report of
the Engineer of Work for the Assessment District, setting 9:00
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a.m. on October 16, 1989, in the Common Council Chambers on the
main floor of the City Hall of the City at 300 North "D" Street,
San Bernardino, California, as the time and place for hear ing
protests to the proposed acquisi tion and construction of such
improvements, and providing for notice of such hear ing to be
given by the City Clerk; and
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WHEREAS, notice of the hearing of protests to the
acquisition and construction of such improvements was duly
posted, published, and mailed, as shown by affidavits presented
to the Common Council, in the manner prescribed by law; and
WHEREAS, at said time and place said hearing was
commenced and continued by the Common Council to November 6,
1989, and on said latter date was again continued by the Common
Council to December 18, 1989; and
WHEREAS, the reason for the continuance of said
hearing is that the Common Council has been advised by the City
Engineer that the written report of the Engineer or Work for the
Assessment District (the "Report"), as preliminarily approved by
Resolution No. 89-350, should be modified to include among the
improvements described therein certain storm drainage facilities
which have been constructed by the owner of Parcel 18,
Parcel 19, and Parcel 20, as identified in the Report, and that
the assessment contained in the Engineer I s Report should be
modified to reduce the assessments on those parcels by the
amount expended by the owner thereof for the construction of
such storm drainage facilities; and
WHEREAS, the Common Council has been further advised
by the City Engineer that as a result of the bids which were
received by the City on September 22, 1989 for the construction
of the improvements proposed to be required and constructed for
said Assessment District, it has been determined based on the
bid of Riverside Construction Company, the bidder submitting the
proposal resulting in the lowest cost to the City for the
construction of the improvements, that the assessments on all
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parcels in the Assessment District will be reduced below the
estimated assessments contained in the Report; and
WHEREAS, the Common Council has been further advised
by the City Engineer, however, that the effect of the proposed
modifications to the Report and the assessment contained therein
is that the assessments on all parcels of property within the
Assessment District, other than Parcels 18 through 20, will be
reduced by less as a result of the reduction which is to be made
in the amount thereof based on the said low bid for the
construction of the improvements then would be the case if such
modifications were not made; and
WHEREAS, pursuant to Sections 10350 through 10355 of
the Streets and Highways Code, the Common Council may make
changes to the proposed improvements for and the amounts to be
assessed on parcels in the Assessment District, but before
ordering any changes which will include additional improvements
or increase the amount of money assessed on parcels of property
within the Assessment District, the Common Council must adopt a
resolution briefly describing the changes proposed to be made,
stating the amount of the estimated increase or decrease in the
cost of the improvements by reason of said proposed changes, and
giving notice of a time and place when and where any interested
person having any objection to the changes proposed to be made
may appear before the Common Council and show cause why said
changes should not be ordered, and said resolution must be
published pursuant to Section 6061 of the Government Code, at
least 10 days prior to the date of the hearing, and a copy
thereof must be mailed, at least 20 days prior to the date of
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the hear ing, to all persons owning real property wi thin the
Assessment District; and
WHEREAS, the Common Council has determined, based on
advice of the City Engineer, that it is necessary that the
modifications to the Report proposed by the Ci ty Engineer be
made;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
Section 1. Proposed Changes. The changes or
modifications which are proposed to be made to the Report are
(i) the inclusion among the improvements of addi tional storm
drain improvements, including, two (2) headwalls, catch basins,
a manhole, and approximately 530 feet of 60-inch diameter
reinforced concrete pipe, 100 feet of 42-inch diameter
reinforced concrete pipe, 890 feet of 36-inch diameter
reinforced concrete pipe, and 60 feet of 30-inch diameter
reinforced concrete pipe which will increase the cost of the
improvements by approximately $119,000 and (ii) a credit on the
assessments to be levied on Parcels 18 through 20 in that
amount. The effect of such credit will be that the decrease in
the amount of the assessments on all other parcels in the
Assessment District as contained in the Report, as approved by
Resolution No. 89-346, as a result of the bid received from
Riverside Construction Company, will be approximately seven (7)
percent less than would be the case if such credi t on the
assessments on Parcels 18 through 20 were not given.
Section 2. Hear ing and Notice Thereof. The time of
10:00 a.m. on December 18, 1989, in the Common Council Chambers
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on the main floor of the City Hall of the City of San Bernardino
at 300 North "0" Street, San Bernardino, California, are
appointed as the time and place for hear ing protests to the
proposed changes in the Report described herein and when and
where any interested person having any objection to the changes
proposed to be made may appear before the Common Council and
show cause why said changes should not be ordered.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that at 10:00 a.m. on
December 18, 1989, in the Common Council Chambers on the main
floor of the Ci ty Hall of the Ci ty of San Bernardino at 300
14 North "0" Street, San Bernardino, California, the Mayor and
15 Common Council of the City of San Bernardino will conduct a
16 hearing on the proposed changes to the Report of the Engineer of
17 Work for Assessment District No. 985 (Industrial Parkway
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Improvement District), which changes are described in Section 1
above, at which time and place any interested person having any
objection to the changes proposed to be made may appear before
the Common Council and show cause why such changes should not be
ordered. Written objection to the proposed changes may be filed
wi th the Ci ty Clerk by any interested person at any time not
later than the time set for the hear ing. At the time of the
hearing, or at any time to which the hearing may be adjourned,
the Common Council shall hear and pass upon all such
objections. If no wr i tten objections to the proposed changes
have been delivered to the City Clerk up to the hour set for the
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hear ing, or if such objections, if any, have been heard and
found by the Common Council to be insufficient, or have been
overruled or denied, immediately thereupon the Common Council by
an affirmative vote of four-fifths of its members shall acquire
jur isdiction to order said changes made. The decisions and
determinations of the Common Council shall be final and
conclusive upon all persons entitled to appeal thereupon to the
Common Council.
Section 3. Notice of Hear ing. The Ci ty Clerk shall
cause a certified copy of this resolution to be published once
in The Sun, a newspaper of general circulation published and
circulated in the City pursuant to Section 6061 of the
Government Code, at least 10 days prior to the date of the
hear ing. The Ci ty Clerk shall also mail a certif ied copy of
this resolution to all owners of property within the Assessment
District, at least 20 days prior to the date of the hearing.
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RESOLUTION DESCRIBING CHANGES IN PROPOSED IMPROVEMENTS,
A.D. 985
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I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a regular meeting thereof held on the 20th day of
November, 1989, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Miller
NOES:
None
ABSENT:
Council Member Pope-Ludlam
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Cit~ .
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November, 1989.
The foregoing resolution is hereby approved,
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APPROVED AS TO FORM AND
LEGAL CONTENT:
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Ii
\ i
ty
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RTA0563