HomeMy WebLinkAbout1985-053
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RESOLUTION NO.
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A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTENTION TO
ORDER WORK IN PORTIONS OF ORANGE SHOW LANE BETWEEN "E" STREET AND ARROWHEAD
AVENUE, IN THE CITY OF SAN BERNARDINO, AS SHOWN ON PLAN NO. 6502.
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WHEREAS, the Mayor and Common Council of the City of San Bernardino,
by Ordinance No. 2063, adopted May 16, 1955, established a procedure for find-
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ing and determining whether the public convenience and necessity require
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certain improvements or acquisition of property, and authorizing notices and
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hearings to be combined and held concurrently with the hearing required by the
improvement act pursuant to which the improvement proceeding is proposed.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
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BERNARDINO DO RESOLVE AS FOLLOWS,
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SECTION 1. That pursuant to Ordinance No. 2063, said Mayor and
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Common Council hereby elect to combine the hearing required therein with the
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hearing required by Section 5132 of the Streets and Highways Code of the State
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of California.
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SECTION 2. That it is the intention of said Mayor and Common Council
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to order the improvement of Orange Show Lane between "E" Street and Arrowhead
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Avenue, in said City, in the following manner, to-wit:
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The construction of Portland cement concrete curbs, gutters, side-
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walks, driveways, asphalt concrete paving and aggregate base, street lighting
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and drainage facilities in Orange Show Lane between liE" Street and Arrowhead
Avenue as shown on Plan No. 6502.
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Reference is hereby made to Drawing No. 6502 and any supplemental
drawings mentioned thereon, on file in the office of the City Engineer of said
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City, and to Special Provisions No. 6502 on file in the office of the City
Clerk of said City, for a full and detailed description of the said proposed
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work and improvement, the particular locations thereof, and the lines upon
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which, and grades to which, it shall be done; provided that where lines or
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grades therefor, or for any portion thereof, are not shown by, or set forth
1 upon, such drawings, said proposed work and improvement shall be done upon
2 the official lines and to the official grades therefor.
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SECTION 3. That pursuant to Section 5104 of the Streets and Highways
4 Code, a portion of the construction shall be done on private property to elimi-
5 nate any disparity in level or size between the improvement and driveways,
6 housewalks, and sewers, and it is in the public interest and more economical
7 to do such work on private property than to adjust the work on public property
8 to eliminate such disparity.
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SECTION 4. That said contemplated work and improvement is of more
10 than local or ordinary public benefit, and that said Mayor and Common Council
11 do hereby make the expense of such work and improvement chargeable upon a
12 district, which district is hereby doclared to be the district benefited by
13 said proposed work and improvements, and to be assessed to pay the cost and
14 expense thereof, and which district embraces all that real property situate
15 in the City of San Bernardino, County of San Bernardino, State of California,
16 as outlined by a heavy dash-dot line on District Boundary Map No. 960, on
17 file in the office of the City Clerk of said City. which District Boundary
18 Map is hereby approved. All public streets or alleys, or portions thereof,
19 hereby are excepted from said assessment.
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SECTION 5. That serial bonds extending over a period of nine years
21 from the second day of January next succeeding the next September 1st,
22 following their date, and bearing interest at the rate of ten percent per
23 annum, payable semi-annually, shall be issued as provided by the Improvement
24 Act of 1911 to represent assessments of One Hundred Fifty Dollars or over for
25 the cost of said proposed work and improvement, remaining unpaid for thirty
26 days after the date of mailing by the contractor or his assigns of the
27 statement to the property owners pursuant to Section 5390 of the California
28 Streets and Highways Code.
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SECTION 6. If any delinquency shall occur in any payments as set
forth in California Streets and Highways Code, Section 6442, the City
Treasurer shall add to and collect such penalties with and as a part of the
4 delinquent payment as therein provided. All bonds issued by the City in
5 accordance with this Act shall provide for the retention of proceeds of any
6 delinquency penalty as set forth in Section 6442 of said Act.
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SECTION 7. That the Sun, a daily newspaper publi3hed and circulated
8 in said City, is hereby designated as the newspaper in which this ResollJtion
9 of Intention, and all further notices and resolutions relating to said work
10 and improvement, shall be published.
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SECTION 8. That notice is hereby given that on March 4, 1985, at
12 the hour of 9:00 a.m., in the Council Chambers, in the City Hall, in said City,
13 there shall be a pUblic hearing before said Mayor and Common Council for the
14 purpose of determining whether the public convenience and necessity require
15 the above described improvement, and at which time and place any and all
16 persons having any objections to such determination or to the proposed work
17 or improvement may appear and shmv cause ItJhy the M.-~yor and Common Council
18 should not find that the public convenience and nece.f;si ty require the above
19 described improvement and why the said work or improvement should not be
20 carried out in accordance with this resolution.
21 For information regarding hearing proceedings, please contact the
22 Real Property Section, Department of Public Works at 383-5111.
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SECTION 9. That said Mayor and Common Council, in making the improve-
24 ment, elects to proceed under and in accordance with the provisions of the
25 "Improvement Act of 1911", being Division 7 of the Streets and Highways Code
26 and Section 20410 et sec of the Public Contract Code, of the State of
27 California.
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I HEREBY CERTIFY that the foregoing Resolution was passed by the
Mayor and Common Council of the City of San Bernardino, at a regular meeting
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thereof held aD thn
4rh
day of
F'AhrllAry
2 1985, by the following vote, to-wit:
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AYES,
Council Members Ci'lqrC'inp..ilA RAi lly HprnF'nnp.7.
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NOES,
Mflrks 011ip..l
FrA7.i~r SrrirklAr
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Nonp.
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ABSENT,
Nonp..
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~d//:&?~A6
/ City Clerk
I hereby approve the foregoing resolution this
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Februarv
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Approved as to form:
~~-I~///?~
City A torney
, 1985.
Oversized
Map Attached
to Original
Resolution