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CITY OF SAN BERNACINO
File No. 14.40-68
- REQUEST FCC) COUNCIL ACTION
From:
ROGER G. HARDGRAVE, Director
Subject:
10:00 Hearing & Res....Moditying
Engr's Rpt.- Denying Protests &
Apprv. Engr' s Rpt. AD 487
(Verdemont Area Imp. Distr.)
)ept:
Public Works/Engineering
I Date:
April 29, 1991
. ;ynopsis of Previous Council ection:
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.
Recommended 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
.(J), 4:d24
Contect person:
Supporting data attac:hed:
FUNDING REQUIREMENTS:
Verne Nadeau
Phone:
384-5026
Staff Report, Map
Werd:
5
Amount:
$4,005,947.36
Source: IAcct. No.1
251-663-53925
To be paid through sale of Bonds
Finance:
Verdemont Area
Council Notes:
75_0262
Agenda Item No ~ fJ'
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CiTY''oF SAN BERNAQ,INO - REQUEST FcC 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 property 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 15, 1991.. the Mayor and Common
Council adopted Resolution No. 91-120 approving the modified Report.
As required by the ~lunicipal 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 th", 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 501 of the "area" of the district and are not
withdrawn before the end of the hearing, all pr'oceedillgs shall terminate as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. ____
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RESOLUTION OF THE CITY OF SAN BERNARDINO
ORDERING CERTAIN CHANGES AND MODIFICATIONS
TO THE ENGINEER'S REPORT IN A SPECIAL
ASSESSMENT DISTRICT (ASSESSMENT DISTRICT 987)
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WHEREAS, the Mayor and Common Council (the "Common
Council") of the City of San Bernardino, California, (the
"City"), has previously adopted Resolution No. 91-71 (the
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"Resolution of Intention") on March 11, 1991, pursuant to the
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provisions of the Municipal Improvement Act of 1913 (the
"Act"), being Division 12 of the Streets and Highways Code of
the State of California, for the acquisition of certain pUblic
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improvements in a special assessment district designated as
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ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
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(hereinafter referred to as the "Assessment District"); and
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WHEREAS, subsequent thereto, the Common Council did,
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by Resolution No. 91-72 adopted on March 11, 1991 approve the
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Engineer's Report in preliminary form as required in the
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proceedings for the Assessment District, as modified by
Resolution No. 91-120 adopted on April 15, 1991; and
WHEREAS, prior to the Public Hearing for the
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Assessment District, the Engineer of Work has modified the
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scope and extent of the improvements and refined the prices
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thereof, and at this time an amended assessment roll has been
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presented showing such modifications and reductions, if any, in
the assessments because of the modifications and refinements
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made; and
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RESOLUTION APPROV~G ENGINEER'S REPORT, AS ~DED (A.C. ;J87)
WHEREAS, the Common Council has determined to approve
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3 amended and presented at this time.
4 NOW, THEREFORE, the Mayor and Common Council of the
5 City of San Bernardino, do hereby resolve as follows:
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SECTION 1. The above recitals are all true and
7 correct.
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SECTION 2. The Common Council hereby orders and
9 approves the changes and modifications set forth in the
10 Engineer's Report as amended and presented at this time,
II constituting refinements made to the scope and extent of the
12 improvements and the cost estimates set forth in the
13 preliminary Engineer's Report as previously modified, pursuant
H to Section 10352 of the Act.
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SECTION 3. The Engineer's Report, the assessment
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roll, and all related documentation, as so amended, are all for
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the best interests of the property owners within the Assessment
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District, and said assessment, as amended and apportioned, is
in accordance with the benefits received, and the Engineer's
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.
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SECTION 4. This resolution shall take effect
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immediately upon its adoption.
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RESOLUTION APPROG ENGINEER'S REPORT, AS AMEND5(A.D. 987)
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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
meeting thereof, held on the
day of
, 1991, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
. 1991.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
~~
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RESOLUTION NO. ____
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RESOLUTION OF THE CITY OF SAN BERNARDINO
OVERRULING AND DENYING PROTESTS AND MAKING
CERTAIN FINDINGS IN A SPECIAL ASSESSMENT
DISTRICT
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WHEREAS, the Mayor and Common Council (the RCornmon
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CouncilR) of the City of San Bernardino California, (the
RCityR) has, by Resolution No. 91-71 adopted on March 11, 1991
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(the RResolution of IntentionR), declared its intention to
order the acquisition of certain public improvements, pursuant
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to the terms and provisions of the Municipal Improvement Act of
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1913 (the RActR), being Division 12 of the Streets and Highways
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Code of the State of California, in a special assessment
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district designated as:
ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
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(hereinafter referred to as the RAssessment DistrictR); and
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WHEREAS, the Common Council in and by said resolution
referred said proposed improvements to the Engineer of Work of
the Assessment District, and directed said Engineer of Work to
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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
March 11, 1991, and was preliminarily approved by the Common
Council by Resolution No. 91-72, adopted by the Common Council
on March 11, 1991 and said report was modified by Resolution
No. 91-120 adopted by the City Council on April 15, 1991, and
the Common Council fixed 10:00 o'clock A.M. on Monday, May 20,
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RESOLUTION OVERRUQG AND DENYING PROTESTS AN~KING CERTI\l N FlNOlt~GS.
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1991, at the Council Chambers City of San Bernardino, 3~O North
"0" Street, San Bernardino, California 92418, as the time 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
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 the proposed assessment has been
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 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 improvements to be
acquired, the method and formula of the assessment spread and
the finding of benefits received by the respective properties
assessed for the proposed improvements and the apportionment of
said benefits were heard and considered; and
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RESOLUTION OVERRUQG AND DENYING PROTESTS Agl'AKING CERTA< N FIIWIt>GS
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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
correct.
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
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.
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. RESOLUTION OVERRUQG AND DENYING PROTESTS AQMAKII\G CERTAIN FINOII\GS
SECTION 5. The method of spread and apportionment of
2 all costs, as contained in the amended Engineer's Report
3 described in the Resolution previously approved on the date
4 hereof is hereby approved and adopted as being a correct and
5 proper apportionment and distribution of all assessable costs
6 for said public improvements.
7 SECTION 6. This resolution shall take effect
8 immediately upon its adoption.
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RESOLUTION OVERRC:;NG AND DENYING PROTESTS AND M~G CERTAIN FINDINGS
I HEREBY CERTIFY that the foregoing resolution was duly. adopted by the
meeting thereof, held on the
Mayor and Common Council of the City of San Bernardino at a
following vote, to wit:
Council Members:
day of
, 1991, by the
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
. 1991.
Approved as to
fOnD and legal content:
JAMES F. PENMAN,
City Attorney
By: ~/2.1~ i
./
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day of
W.R. Holcomb, Mayor
City of San Bernardino
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RESOLUTION NO. ____
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RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE ASSESSMENT, APPROVING THE
ENGINEER'S REPORT AND DESIGNATING THE
TREASURER TO COLLECT AND RECEIVE MONEY
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WHEREAS, the Mayor and Common Council (the -Common
Council-) of the City of San Bernardino, California (the
-City-) adopt its Resolution of Intention No. 91-71 (the
-Resolution of Intention-), on March 11, 1991, for the
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acquisition of certain public improvements in a special
assessment district designated as:
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ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
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(hereinafter referred to as the -Assessment District-); and
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WHEREAS, pursuant to the Resolution of Intention, an
Engineer's Report, as therein provided, was presented,
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considered and approved; and
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WHEREAS the Mayor and Common Council of the City
adopted Resolution No. 91-120 on April 15, 1991 preliminarily
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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
called for by law pursuant to the provisions of the Municipal
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Improvement Act of 1913 (the -Act-), being Division 12
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(commencing with Section 10000) of the Streets and Highways
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Code of the State of California, including the fOllowing:
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RESOLUTION CONFI~G ASSESSMENT; APPROVING E~INEER'S REPORT;
DESIGNATING OFFICIALS
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A general description of the public improvements
to be included in the Assessment District;
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Plans and specifications of the proposed
improvements;
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Estimate of cost;
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4. Diagram of Assessment District;
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An assessment for the improvements according to
benefits; and
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6. A provision for maximum annual assessments for
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administration of the Assessment District.
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WHEREAS, the Common Council fixed 10:00 o'clock A.M.
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on Monday, May 20, 1991 at the Council Chambers, 300 North "D"
Street, San Bernardino, California 92418 as the place, date and
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time for a public hearing on the proposed improvements; and
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
with the transcript of these proceedings; and
WHEREAS, all protests have been heard and considered,
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and a full hearing has been given, all in the manner provided
by law; and
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WHEREAS, the owners of more than one-half (1/2) of the
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area being assessed for the cost of the proposed improvements
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did not file written protests against the proposed
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improvements, and the Common Council did, after providing a
full hearing and, to the extent such were received, overruled
and denied all protests and objections; and
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RESOLUTION CONFI~G ASSESSMENT; APPROVING ~INEER'S REPORT;
DESIGNATING OFFICIALS
WHEREAS, the Common Council is now satisfied with the
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assessment and all matters contained in the Engineer's Report
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as now submitted.
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NOW, THEREFORE, the Mayor and Common Council of the
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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 Engineer's Report, including the
assessment and diagram for the improvements, together with
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appurtenances and appurtenant work in connection, is hereby
approved and the assessment contained therein is hereby
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confirmed.
SECTION 3. The public interest and convenience
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require the proposed improvements to be acquired, and therefore
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it is hereby ordered that the work be done and the improvements
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constructed and acquired in the Assessment District, as set
forth in the Resolution of Intention previously adopted and as
set forth in the Engineer's Report previously presented and
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considered.
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SECTION 4. The assessment contained in the Engineer'S
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Report is hereby levied upon the respective subdivisions of
land in the Assessment District as set forth in the Engineer'S
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Report.
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SECTION 5. The Engineer of Work shall forthwith
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deliver to the Superintendent of Streets said assessment,
together with the diagram attached thereto and made a part
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thereof, as confirmed, with his certificate of such
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RESOLUTION CONFIR~NG ASSESSMENT; APPROVING ~GINEER'S REPORT;
DESIGNATING OFFICIALS
confirmation attached and the date thereof; and the
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Superintendent of Streets shall then immediately record said
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diagram and assessment in his office in a suitable book to be
kept for that purpose and attach thereto his certificate of the
date of such recording.
SECTION 6. The Superintendent of Streets, upon the
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recording of the diagram and assessment,' is h~reby directed to
mail to each owner of real property within the Assessment
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District at his last known address, as the same appears on the
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tax rolls of the County of San Bernardino or is on file with
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the City Clerk of the City, or to both addresses if said
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address is not the same, or to General Delivery when no address
so appears, a statement containing a designation by street
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number or other description of the property assessed sufficient
to enable the owner to identify the same, the amount of the
assessment securing such series of bonds, the time and place of
payment thereof, the effect of failure to pay within such time,
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and a statement of the fact that bonds will be issued on unpaid
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assessments pursuant to the Improvement Bond Act of 1915.
SECTION 7. The Treasurer is hereby designated to
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collect and receive the money paid pursuant to said Assessment
as herein confirmed. The Superintendent of Streets is hereby
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ordered and directed to give notice by pUblishing a copy of a
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notice of recording of assessment in The Sun, once a week for
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two successive weeks, giving notice that said assessment has
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been recorded in his office, and that all amounts assessed
thereon are due and payable immediately, and that the payment
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RESOLUTION CONFIR~G ASSESSMENT, APPROVING E~INEER'S REPORT;
DESIGNATING OFFICIALS
of said amount is to be made within thirty (30) days after the
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date of recording the assessment, which date shall be so stated
in said notice, and of the fact that securities will be issued
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upon unpaid assessments.
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SECTION 8. Upon confirmation of the assessment and
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recordation of the assessment roll and diagram, a certified
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copy of the assessment diagram shall be immediately filed in
the office of the County Clerk and Recorder of the County of
San Bernardino. Immediately thereafter, a copy of the Notice
of Assessment shall be completed and recorded in the office of
the County Clerk and Recorder in the County of San Bernardino
in the manner and form as set forth by law and specifically
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Section 3114 of the Streets and Highways Code of the State of
California, whereupon said assessment shall become a lien upon
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the land on which it is levied, pursuant to the Act.
SECTION 9. This resolution shall take effect
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immediately upon its adoption.
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RESOLUTION CONFIRMING ASSESSMENT. APPROVING ENGI~'S REPORT; DESIGNATIN.G..
OFFICIALS <:> '-J
I HEREBY CERTIFY that the foregoing resolution was duly.adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof. held on the
day of
. 1991. by the
following vote. to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this day of
. 1991.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN.
City Attorney
BY:~~
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