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CI~F SAN BERNt 'qDlrQ' - REQUE~,",R COU.~'CiL ACTQN
From: ROGER G. HARDGRAVE
Dept: Public Works/Engineering
Dall: .1/18/85
Subject: Resolution of Intention -- 1911.Act
Project: Orange Show l.anc bctween
"E" Street and Arrowhead Avenue.
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Synopsis of Previous Council action:
1-21-85 Engineer's Estim~te of cost filed..
2-4-85
Approve Plan No. '6502
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Recommended motion:
Adopt the Resolution
cc; John Hatzer Jr., City Administrator
Warren Knudson, Director Finance
.~~ e cff~
Contact person:
Verne Nadeau
Phone:
5026
Supporting data attached:
Yes
Ward:
3
FUNDING REOUIREMENTS:
Amount: $295,486
Source: 1911 Act Bonds
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Council Noles:
)$-0262
Aoenda Item ~
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CITY OF SAN BER~_ .RDINO - REQUEST l JR COUtaCIL ACTION
STAFF REPORT
On October 17, 1983, this office received a request from 79.95% of the adjoining
property owners to improve Orange Show Road by the construction of curbs, gutters,
pavin9, sidewalks, street lighting and drainage facilities. The Plan will be
approved at this meeting and all utility companies and department heads have been
notified. The Engineer's Estimate has been established at $295,486.
The adoption of the attached Resolution is the next formal step and establishes a
protest date of March 4, 1985.
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caSOLUTION NO. 0
A RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS INTEIITIOft TO
ORDER WORK III PORTIOIIS OF ORANGE SHOW LANE BETWEEN -E- STREET AND ARROWHEAD
AVENUE. IN THE CITY OF SAN BERNARDINO. AS SHOWN Oft PlAN NO. 6502. '
WHEREAS, the Mayor and Celanon Council of the City of San Bernardino.
by Ordinance No. 2063, adopted May 16, 1955. established a procedure for find-
ing and detenaining whether the public convenience and necess1tyrequire
certain illProvements or acqu1siUon of property. and authonzing notices and
hearings to be COllIbined and held concurrently with the heanng required by the
illlProvement act pursuant to which the illlProveamt proceeding is proposed.
NON. THEREFORE, THE MAYOR AND COfM)N COUNCIL OF THE CITY OF SAN
BERNARDINO DO RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to Ordinance No. 2063, said'Mayor and
Coanon Council hereby elect .to combine the hearing required therein with the
hearing required by Section 5132 of the Streets and Highways Code of the State
of California.
SECTION 2. That it is the intention of said Mayor and Conmon Council
to order the illlprovement of Orange Show Lane between -E- Street and Arrowhead
Avenue. in said City, in the following IIlInner, to-w1t:
The constrllCtion of Portland cement concrete curbs. gutters, side-
walks, driveways, asphalt concrete paving and aggre9ate base. street lighting
and drainage facilities in Orange Show Lane between-EN Street and Arrowhead
Avenue as shown on Plan No. 6502.
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
City, and to Special Provisions I~. 6502 on file in the office of the City
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Clerk of said City. for a full and detailed description of the said proposed
work and improvement. the particular locations thereof, and the lines upon
which, and grades to which, it shall-be done; provided that where lines or
grades therefor, or for any portion thereof, are not shown by, or set forth
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upon. such drawings. s5l proposed work a~1~~veJllent shall be done uPlln 0
the official lines and to the official grades therefor.
SECTION 3. That pursuant to Section 5104 of the Streets and Highways
Code~ a portion of the construction shall be done on private property to el1111
nete any disparity in level or size between the improvement and driveways.
housewalks. and sewers. and it is in the publ1c interest and more economical'
to do such work on private property than to adjust the work on publ1c property
to el1111nate such disparity_
SECTION 4. That said contemplated work and 1mprovl!IIIent is of more
than local or ordinary publ1c bellef1t. and that said Mayor and Connon Council
do hereby uke the expense of such work and improvement chargeable upon a
d1strtct. which district 15 hereby declared to be the district benefited by
said propose(! work and 1l1lProvements. and to be assessed to pay the cost and
expense thereof. and which district _braces all that real property situate
in the City of San Bernardino. County of San Bernardino, State of Cal1fornia,
as outl1ned by a heavy dash-dot l1ne on District Boundary Hap No. 960. on
file in the office of the Ctty Clerk of said City. whtch District Boundary
Hap is hereby approved. All publ1c streets or alleys. or portions thereof.
hereby are excepted frynn said assessment.
SECTION~. That serial bonds extending over a period of nine years
from the second day of January next succeeding the next September 1st.
following their date.'and bearing interest at the rate of ten percent per
ann\lll, payable semi-annually, shall be issued as provided by the ImproveJllent
Act of 1911 to represent assessments of One Hundred Fifty Dollars or over for
the cost of said proposed work and improvement. remaining unpaid for thirty
days after the date of mailing by the contractor or his assigns of the
statement to the property owners persuant to Section 5390 of the California
Streets and Highways Code.
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SECTION 6. If.ny delinquency shall occur in any payments as set
forth in C.lifomi. Streets and Highways Code. Section 6442. the City
Treasurer shall add to and collect such penalties with and as a part of the
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delinquent pa,yment as therein provided. All bonds issued by the City in
.ccord.nce with this Act shall provide for the retention of proceeds of any
delinquency penalty .s set forth in Section 6442 of Slid Act.
SECTION 7. Th.t The Sun. . dal1y newspaper publ1shed and c1rcul.ted
in s.1d City. is hereby designated .s the newspaper in which this Resolution
of Intention. .nd .11 further notices .nd resolutions rel.t1ng to said work
and 1l1lProveRllnt. shall be published.
SECTION 8. That notice 1s hereby given that on March 4. 1985. .t
the hour of g:oo ..... tn the Councl1 Chamber. in the City Hall. in said City.
there shall be . public he.ring before s.1d Mayor .nd CoIIIIIon Councl1 for the
purpose of detel'lll1n1ng whether the publ1c convenience .nd necessity require
the .bove described 1l11provement. .nd .t which time .nd place any and all
persons having .ny Objections to such detem1nat1on or to the proposed work
or 1l11Provement lIlIY appear and show cause why the Mayor and COllIIIOn Councl1
should not find th.t the public convenience and necessity require the above
described improvement and why the said work or improvement should not be
carried out in ,-:ocordance with this resolution.
For infomat1on regarding hearing proceedings. please contact the
Real Property Section. Department of Public Works at 383-5111.
SECTION 9. That said Mayor .nd CoIIIIlon Councl1. 1n making the improv-
ment. elects to proceed under and in accordance with the provisions of the
"Improvement Act of 1911.. be1ng Division 7 of the Streets .nd Highways Code
.nd Section 20410 et""sec of the Public Contract Code. of the St.te of
Cali fomh.
"I HEREBY CERTIFY th.t the foregoing Resolutton was p.ssed by the
Mayor and COIlIIlOn Counc~l of the City of San Bernardino. .t . regul.r meeting
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thereof held on the
1985. by the following vote, to-wit:
AYES: Councl1.n:
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day of
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HOES :
ABSENT :
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City Clerk
I hereby approve the foregoing Resolution this
. 1985.
day of
State of California l
County of San Bernardino. SS
City of San Bernardino
I do hereby certify that the foregoing Resolution No.
is a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of San Bernardino, this day of
1985.
Approved as t8 form:
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MAYOR OF THE CITY OF SAN BERNARDINO
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City Clerk
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