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ciTY OF SAN BER-'lRD'-NO ~EQUES~ 'iQRICOUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
9:00 A.M. Protest Hearing and
Resolution Modifying and Confirmir
Assessment and Resolution Awardin~
Construction Contract
Assessment District No. 985
Dept:
Public Works/Engineering
Date:
Se ptember 26, '989
Synopsis of .Previous Council action:
9-6-89
Adopted Resolution of Intention and Resolution pre-
liminarily approving Engineer's Report. Protest
hearing scheduled for 9:00 A.M. October 16, 1989.
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Recommended motion: ..
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1. That the protests, if any, be overruled, the hearing bet~
closed, and a finding and determination be made that the
public convenience and necessity require the proposed
improvements in Assessment District No. 985.
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2. Adopt resolution modifying and confirming assessment.
cc: Marshall Julian, City Administrator
James F. Penman, City Attorney
Jim RiChardson, Oep. City A_m. Oev.
Crai! Graves, City Treasurer
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Contact person: Verne Na_eau
Supporting data attached: Staff Report, Map
Phone:
384-5026
6
Ward:
FUNDING REQUIREMENTS:
Amount:
$a05,ooo.OO
Source: (Acct. No.) 251-659-53925 (To be assessed to property owners
Acct. Descri tion
Parkway Improvement Oi stri ct) Bo",~ >
Assessment ~istrict No. 985 (Industrial
rj~
Finance: I
Council Notes:
-75.0262
Agenda Item No.
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CiTY OF SAN BERQRDINO -
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REQUEST f..IR COUNCIL ACTION
STAFF REPORT
Hear protests, if any, and adopt the Resolution Modifying
and Confirming the Assessment and Ordering the Improvements
and the Resolution Awarding a Contract for Construction of
the Improvements.
On August 21, 1989, the Resolution of Intention and Resolution
Preliminarily Approving the Engineer's Report were adopted.
As required by the Municipal Improvement Act of 1913, the
Notice of Improvement was posted on the streets within the
proposed district by the Real Property Section on September 15,
1989, a Notice of Improvement was mailed to each of the property
owners in the proposed district on September 15, 1989, ~
~~ Ce~~~ffi5er IS, 1989, and September 22, 1989, the Notice of
Improvement was published in The Sun newspaper. To date we
have received no protests. .
The resolutions are attached for your action.
9-26":'89
75-0264
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....,. , Of' ,....,. .
PROPOSED ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO.. 985
INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
ST A TE OF CALIFORNIA
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City o.ta
9-26-89
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RESOLUTION NO.
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(Industrial Parkway Improvement District)
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO MODIFYING AND CON-
FIRMING ASSESSMENT AND ORDERING CONSTRUCTION
OF IMPROVEMENTS IN ASSESSMENT 01 STRICT NJ. 985.
WHEREAS, on September 6, 1989, the Mayor and Common
Council (the "Common Council) of the City of San Bernardino,
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California
the
(lithe City"),
adopted Resolution No. 89-346,
Resolution
of
Intention
for
Assessment
District
No . 985,
declaring
its
intention,
pursuant
to
the
provisions
of
Division 12 .of the Streets and Highways Code of the State of
California, the Municipal Improvement Act of 1913, to order the
14 acquisition and construction of certain public improvements
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described therein; and
WHEREAS, on September 6, 1989, the Mayor and Common
Council adopted Resolution No. 89-350 confirming the written
report of the Engineer of Work for said assessment district,
setting 9: 00 a .m. on October 16, 1989, and the Common Council
Chambers on the Main Floor of the City Hall of the City at 300
North "0" Street, San Bernardino, California, as the time and
22 place for hearing protests to the proposed acquisition and
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construction of such improvements, and providing for notice of
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such hearing to be given by the City Clerk; and
WHEREAS, pursuant to the direction contained in
26 Section 10 of the said Resolution of Intention, the written
27 report of the Engineer of Work contains, among other things, the
28 information prescribed by Section 2961 of the Streets and
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1 Highways Code of the State of California with respect to (i) the
2 total principal sum of all unpaid special assessments and
3 special assessments required or proposed to be levied under any
completed or pending assessment proceedings, other than that
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5 contemplated in the instant proceedings, which would require an
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investigation and report under Division 4 of said Code, the
7 Special Assessment Investigation, Limitation and Majority
8 Protest Act of 1931, against the total area proposed to be
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assessed, and (ii)
the total true value, as near as may be
10 determined, of the parcels of land and improvements which are
11 proposed to be assessed; and
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WHEREAS, notice of the hearing of protests to the
13 acquisition and construction of such improvements was duly
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posted, published, and mailed, as shown by affidavits presented
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to the Common Council, in the manner prescribed by law; and
WHEREAS, at said time and place said hearing was com-
menced and duly held by the Common Council and all written
appeals, protests or objections, if any, were duly presented and
read, and all persons desiring to be heard thereon were heard,
and the Common Council gave all persons present an opportunity
to be heard in respect of any matter relating to the acquisition
22 and construction of said improvements, to any act or deter-
23 mination of the Common Council in relation thereto, to any
24 matter in connection with the said. report of the Engineer of
25 Work, or to the correctness of the assessment or diagram, or to
26 any other matters relating to these proceedings;
27 WHEREAS, the Engineer of Work has. advised the Common
28 Council as a result of the bids received for the construction of
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1 the proposed improvements, the proposed assessment and the pro-
2 posed amount of money assessed on each parcel of property
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included in the assessment should be modified:
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
Section 1.
Protests.
The Common Council finds (i)
7 that the said hearing of protests has been duly held, and each
8 and every step in the proceedings prior to and including said
9 hearing has been duly and regularly taken, and (ii) that the
10 written protests received by the City Clerk at or before the
11 hearing are not signed by the owners of more than one-half (1/2)
12 of the area of land included within Assessment District No. 985,
13 and said protests are hereby overruled.
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Section 2.
Compliance
with
Special
Assessment
15 Investigation, Limitation and Majority Protest Act of 1931. The
16 Common Council finds, pursuant to Section 2961 of the Streets
17 and Highways Code of the State of California, that the total
18 amount of the principal sum of all unpaid special assessments
19 levied against the parcels proposed to be assessed, as computed
20 pursuant to paragraph (1) of subdivision (b) of said Section
21 2961, plus the principal amount of the special assessment pro-
22 posed to be levied in the instant proceedings, do not exceed
23 one-half of the total true value of the parcels proposed to be
24 assessed, as computed pursuant to paragraph (2) of subdivi-
25 sion (b) of said Section 2961. The Common Council further finds
26 that compliance has been had with the requirements of Division 4
27 of the Streets and Highways Code of the State of California, the
28 Special Assessment Investigation, Limitation and Major i ty Pro-
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test Act of 1931, by following the alternative procedure pro-
vided by Part 7.5 (commencing with S 2960) of said Division 4.
Section 3. Necessity. The Common Council finds (i)
that the public interest, convenience and necessity iequire the
construction of the improvements referred to in the Resolution
of Intention for the benefit of the lands within the exterior
boundar ies of the proposed assessment district, (ii) that the
project is feasible, and (iii) that the lands to be assessed
therefor will be able to carry the burden of the proposed
assessments and to pay the costs and expenses thereof.
Section 4. Benefit. The Common Council finds (i) that
all the land included within the boundaries of Assessment
District No. 985 as shown on the diagram thereof will be
benefited by said improvements, and (ii) that the proposed
assessment of the total amount of the costs and expenses of the
acquisition and construction of said improvements upon the
several parcels and subdivisions of land in said assessment
district is in proportion to the benefits to be received by such
parcels and subdivisions, respectively, from the improvements.
Section 5. Modification of Assessment. That the
proposed assessment and the proposed amount of money assessed on
each parcel of property included in the assessment shall be
modified as provided in the modified assessment presented by the
Engineer of Work to the Common Council at the hearing of
protests.
Section 6. Confirmation of Assessment. The Common
Council hereby confirms the assessment as modified and the
diagram of said assessment district, as contained in the said
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1 report of the Engineer of Work, and orders the construction of
2 the improvements as mentionetl therein.
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Section 7. Recordation of Assessment and Diagram. The
Ci ty Clerk shall transmit said assessment and diagram to the
Superintendent of Streets who shall record them in a substantial
book to be kept for that purpose in his off ice; and the Ci ty
Clerk shall also record a copy of the diagram and a notice of
assessment in the form prescribed by Section 3114 of the Streets
and Highways Code of the State of California in the office of
the County Recorder of the County of San Bernardino.
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Section 8.
Notice. The City Clerk shall mail notice
121 of the recording of the assessment to the owners of the property
13 assessed as provided in Sections 10404 and 5070 of said Code and
14 shall also give notice of the recording of the assessment by
15 publication in The Sun as provided by said Section 10404.
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RESOLUTION CONFIRMING ASSESSMENT, 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 16th day of
October, 1989, by the following vote, to wit:
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14 day of
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AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1989.
'-W.:H. Ho 1 com". 'Mayor
City of San Bernardin~
Approved as to form
and legal content:
James F. Penman.
City Attorney
By: ~-... 7 .f ~
'r:
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BJS0062
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