HomeMy WebLinkAbout34-Public Works
. CIT.Y OF SAN BI!RtQRDINO
- RI!QUESTN1=6RCOUG'~Ac~ION
From: ROGER G. HARDGRAVE
Resolutions Relatiy.eto Establish-
Subject: ment of Assessment 'District No.
985 --Improvement of In4ustrcial
Parkway
Dept: Public WorkslEngineering
Date: 8-1-89
Synopsis of Previous Council action:
10-06-B7
12-07-B7
12-17-B7
Authorization granted to proceed.
Finding made of need for health and safety reasons.
Determination made by Environmental Review Committee
that Public Works Project No. B7-29 is exempt from
environmental review.
Resolution No. B8-69 adopted authorizing execution of
Agreements for Professional Services with Financial
Consultant, Assessment Engineer and Bond Counsel.
03-07-BB --
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Recommended motion:
Adopt resolutions.
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Marshall Julian
Jim Penman
Andy Green
Craig Graves
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Contact person:
Verne Nadeau
Staff Report,
Map & Resolution
Phone:
Supporting data attached:
Ward:
5026
6
FUNDING REQUIREMENTS:
Amount: $1.610.998
Source: (Acct. No.)
251-659-53925
(Acct. DescriDtionl
Finance:_CtJ-J ' Ptv
Council Notes:
76.0262
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. ". J Y UP ~AN BE~RDINO - REQUESTOOR COUNCIL ACTION
STAFF REPORT
This Assessment Distr ict is being established 4t
the request of a majority of the property owners in
Industrial Parkway Improvement District to finanee the eon-
struction of street improvements on Palm Avenue and
Industrial Parkway, sewer improvements and storm ~rain
improvements in Industrial Parkway. The Mayor and COllUllOn
Council have previously employed Willdan Associates, Inc.,
as Engineer of Work, and Best, Best , Krieger as Bond
Counsel. The Mayor and Common Council have also designated
Stone , Youngberg as underwriter to underwrite the bonds
which may be issued to finance the design and construction
of the improvements.
Willdan Associates has now prepared the report
required by the Municipal Improvement Act of 1913 contain-
ing, among other matters, the assessment diagram and assess-
ment roll for the Assessment District. The assessment roll
contains the amount proposed to be assessed against each
parcel in the Assessment District. The major property
owners in the Assessment District have agreed to the method
of assessment employed in preparing the assessment roll.
If the Mayor and Common Council wish to proceed
with the initiation of proceedings for the formation of the
Assessment District and the issuance and sale of bonds to
finance the design and construction of the public improve-
ments, the following resolutions will be adopted in the
fOllowing order:
Streets.
(1) Resolution Appointing
Superintenoent
of
(2) Resolution Designating Newspaper.
(3) Resolution Adopting Map Describing ProP9sed
Boundaries of Assessment District.
(4) Resolution of Intention.
(5) Resolution Approving Engineer' s Reporta~4
Appointing Time and Place for Bearing.
The Resolution of Intention is the resolution
which officially initiates the proceedings for :the fOl:'mation
of the Assessment District. That resolution orders the~re-
paration of the report of the Engineer of Work,' which. haa
been prepared. Accordingly, the Mayor and Common Council
may proceed to adopt the resolution last mentioned above
which sets a public hearing on that report, the formation of
75.0264
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....n~n.,ln" - nl;"UI:-., I (jUR COUNCIL ACTION
STAFF REPORT
the propo~ed A~~es~ment Di~trict, and the proposed improve-
ments. The hearing ha~ been scheduled for 9:00 a.m. on
October 16, 1989.
Prior to the date of the hearing, the Public ~orks
Department will secure bid~ for the con~truction of. the
improvements which will be available ~ufficiently in advance
of the date of the hearing so that the propo~ed a~~es~ment
can be modified based on the low bid for construction of the
improvements. At the conclusion of the hearing, the Mayor
and Common Council will be able to modify the assessment
based' on the low bid and a proposed modification of the
Engineer's Report, and confirm the assessment as so
modified. Thereafter, the a~sessment diagram will be
recorded with the County Recorder and a 30-day cash payment
period during which owners of property in the Assess/llent
District may pay all or any portion of the assessment
against their parcel will commence.
At the conclusion of the 30-day cash payment
period, the City Treasurer, with assistance from the
Engineer of Work, will determine the unpaid amount of the
assessment for which bonds will be issued, and the Mayor and
the Common Council will be requested to authorize the
issuance of bonds in that amount pursuant to the Improvement
Bond Act of 1915.
Staff recommends initiation of proceedings for the
formation of the proposed Assessment District, and that the
Mayor and Common Council adopt the resolutions mentioned
above.
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75.0264
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PROPOSED ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 985
INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
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RESOLUTION NO.
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO DECLARING INTEN-
TION TO ORDER THE ACQUISITION AND CONSTRUC-
TION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN
AND FOR A PROPOSED ASSESSMENT DISTRICT AND
THE PAYMENT OF CERTAIN EXPENSES INCIDENTAL
THERETO PURSUANT TO THE MUNICIPAL IMPROVEMENT
ACT OF 1913, DESCRIBING THE ASSESSMENT
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES OF SUCH IMPROVEMENTS, AND DETERMIN-
ING THAT BONDS SHALL BE ISSUED IN THE AMOUNT
OF THE UNPAID ASSESSMENT PURSUANT TO THE
IMPROVEMENT BOND ACT OF 1915
WHEREAS, the Mayor and Common Council (the "Common
13 Council") of the City of San Bernardino (the "City"), propose to
14 form an assessment district under the provisions of the
15 Municipal Improvement Act of 1913, Division 12 of the Streets
16 and Highways Code, for the acquisition and construction of
17 certain public improvements, which improvements are hereinafter
18 generally described: and
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WHEREAS, the Common Council hereby finds: (i) that the
20 public interest, convenience and necessity require:
(a) the
21 acquisition and construction of certain public improvements:
22 (b) the acquisition of certain land, easements and rights-of-way
23 necessary therefor: and ( c) appurtenances and appurtenant work
24 and incidental costs and expenses in connection therewith:
25 (ii) that the project is feasible: and (iii) that the lands to
26 be assessed will be able to carry the burden of the proposed
27 assessments and to pay the costs and expenses thereof:
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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.
Descr iption of Improvements.
The public
it is the
4 interest,
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7 Highways Code, commonly known as the "Municipal Improvement Act
8 of 1913," to order the acquisition and construction of the
9 improvements, together with incidental costs and expenses in
10 connection with the proposed assessment district, for the
11 benefit of the lands within the exterior boundaries of the
convenience and necessity require,
and
intention of the Common Council of the City of San Bernardino,
pursuant to the provisions of Division 12 of the Streets and
12 proposed assessment district, hereinafter referred to as the
13 "improvements," all in the assessment district, more particu-
14 1ar1y described as follows:
STREET IMPROVEMENTS
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PALM AVENUE
- The
half
width
street
construction
of
asphaltic
concrete
pavement with concrete curb and gutter,
sidewalk, handicap ramp, street lights,
and signing, beginning at the intersec-
tion of Palm Avenue and Industrial
Parkway, then extending approximat,ly
520 feet south to the southwesterly
property line of Assessors Parcel No.
266-041-40 (Asmt. NO.2).
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INDUSTRIAL PARKWAY Full street
construction of asphaltic concrete
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pavement with 8-inch concrete curb,
gutters, street lights and signing from
Palm Avenue approximately 3,230 feet
east joining existing half width
improvements on the southwest side.
Then continuing on the northeast side
with half width improvements for an
additional 750 feet joining existing
curb, gutter, and pavement. After a
section of existing full width street
improvements, is the construction of a
half width section of improvements on
the northeasterly side beginning
approximately 4,610 feet east of Palm
Avenue and extending easterly approxi-
mately 790 feet. Improvements to be
constructed also include a handicap ramp
at the intersection of Palm Avenue and
Industrial Parkway, two commercial
driveway approaches for Parcel
266-041-22 (Asmt NO.3), asphalt con-
crete overlay covering the ending
asphalt, and the removal of a section of
road beginning approximately 2,170 feet
east of Palm Avenue and continuing
easterly approximately 650 feet.
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SEWER IMPROVEMENTS
INDUSTRIAL PARKWAY - The construction of
an 8-inch sewer main and appurtenances
beginning 200 feet east of Palm Avenue
extending easterly for approximate1~
5,370 feet then along the certer1ine of
an easement 20 feet wide and parallel
with the westerly right-of-way line of
Cable Creek approximately 65 feet. Also
the construction of a 4-inch sewer
lateral for each parcel fronting
Industrial Parkway.
STORM DRAIN IMPROVEMENTS
INDUSTRIAL PARKWAY - The construction of
storm drain facilities which includes
connecting onto the existing 42-inch
reinforced concrete pipe and extending
the line to ultimate street length.
Also the construction of two 21-foot
catch basins with local depressions and.
the interconnecting of approximately
60 feet of 39-inch reinforced concrete
pipe. Also included in the construction
is the removal of the existing headwall
and slope paving.
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Section 2. Description of Assessment District. The
improvements will be of direct benefit to properties and lands
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6 "Assessment District No. 985
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14 the City Clerk.
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16 shall govern for all details as to the extent of the Assessment
17 District.
Section 3. Report
within a district which is hereby declared to be the district
benefited by the improvements and to be assessed to pay the
costs and expenses thereof. Said district shall be known as
(Industrial Parkway Improvement
District), City of San Bernardino, County of San Bernardino,
State of California," and shall be all that part of the City
having the exterior boundaries as shown on a map of the district
entitled "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 985
(INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT) , CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA" (the
"Assessment District"), which map is on file in the office of
Reference is hereby made to said map for a full
and complete description of the Assessment District and said map
18
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of
proposed
Engineer.
The
20
improvements are hereby referred to Wi11danAssociates,
Incorporated (the "Engineer of Work"), and the Engineer of Work
21 is hereby directed to make and file with the City Clerk of the
22 Ci ty of San Bernardino a report (the "Report") in wt.'iting
23 containing, insofar as applicable, the following:
24 (a) Plans and specifications of the proposed
25 improvements which shall indicate the class and type of
26 improvements to be provided for each zone within the Assessment
27 District;
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(b) A general description of works or appliances
2 already installed and any other property necessary or convenient
3 for the operation of the improvements, if the works, appliances,
4 or property are to be acquired as part of the improvements;
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(c) An estimate of the cost of the proposed work and
improvements and of the cost of lands, rights-of-way, easements,
7 and incidental. expenses in connection therewith, including any
8 cost of registering bonds;
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(d) A diagram showing: (i) the exterior boundaries of
the Assessment District, (ii) the boundaries of the zones within
the Assessment District, and (iii) the lines and dimensions of
12 each parcel of land wi thin the Assessment District. Each sub-
13 division or parcel,
including each separate condominium
14 interest, as defined in Section 783 of the Civil Code, shall be
15 given a separate number upon said diagram;
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(e) A proposed assessment of the total amount of the
17 cost and expenses of the proposed improvements upon the several
18 subdivisions or parcels of land in the Assessment District in
19 proportion to the estimated benefits to be received by said sub-
20 divisions, respectively, from the improvements. The assessment
21 shall refer to such subdivisions by their respective numbers as
22 assigned pursuant to subdivision (d) of this Section 3.
23
Section 4. Bonds.
It is hereby determined and
24 declared and notice is hereby given that serial bonds to repre-
25 sent and be secured by the unpaid amount of the assessment which
26 will be levied to pay the costs and expenses of the improve-
27 ments, and to bear interest at the rate of not 1:0 exceed
28 12 percent per annum, shall be issued in the manner provided by
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Division 10 of the Streets and Highways Code, the Improvement
Bond Act of 1915, and the last installment of such bonds shall
mature not later than 39 years from the second day of September
next succeeding 12 months from their date. The amount of
principal of the bonds maturing in each year plus the amount of
interest payable in that year will be an aggregate amount that
is equal each year except for the moneys falling due on the
first series of the bonds which will be adjusted to reflect the
9 amount of interest earned from the date when the bonds bear
10 interest to the date when the first interest is payable on the
11 bonds.
12
13 (commencing with S 8880) of Division 10 of the Streets and
14 Highways Code, there shall be included in the assessment to be
15 levied on the land in the Assessment District, as an incidental
Section 5.
Special Reserve Fund.
Pursuant to Part 16
16 expense of the proceedings, an amount not to exceed 10 percent
17 of the amount of the bonds to be issued to create a special
18 reserve fund for the bonds. Said special reserve fund shall be
19 identified as the "Assessment District No. 985 Special Reserve
20 Fund," and upon receipt of the bond sale proceeds, said amount
21 shall be transferred to said special reserve fund. Said $pecia1
22 reserve fund shall constitute a trust fund for the benefit of
23 the bond holders, and shall be maintained, used, transferred,
24 reimbursed and liquidated as provided in said Part 16.
25 Section 6. Collection of Assessments and Advance
26 Retirement of Bonds. The procedures set forth in Part 11.1 of
27 Division 10 of the Streets and Highways Code shall be followed
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in the
bonds.
retirement of
collection
of assessments
and advance
Section 7. Refunding of Bonds. The COlll1llOn Council
determines that the bonds to be issued pursuant to Section 4
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9 shall not exceed the maximum rate permitted by law at the time
10 of the refunding;
11 (b) The maximum number of years to maturity of the
12 refunding bonds shall not exceed the remaining number of years
13 to maturity of the bonds to be refunded; and
14 (c) Any adjustment to assessments resulting from the
15 refunding will be done on a pro-rata basis.
16 Section 8. No Obligation to Cure Deficiency in
17 Redemption Fund. The Common Council determines and declares
18 pursuant to Section 8769 of the Streets and Highways Code that
19 the City will not obligate itself to advance available funds
20 from the City treasury to cure any deficiency which may occur in
21 the bond redemption fund.
22 Section 9. Disposition of Surplus Funds. If after
23 completion of the improvements and the payment of all claims
24 from the improvement fund the Common Council shall determine
25 that a surplus remains in the improvement fund by r.eason of the
26 assessment and any supplemental assessment levied for the
27 improvements, any such surplus shall be used as follows:
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hereof may be refunded pursuant to Division 11.5 (commencing
with S 9500) of the Streets and Highways Code on the following
conditions:
(a)
The maximum interest rate on the refunding bonds
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(a) For transfer to the general fund of the City of an
2 amount not to exceed the lesser of $1,000.00 or five (5) percent
3 of the total amount expended from the improvement fund:
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(b) As a credit upon the assessment and any
5 supplemental assessment,
in the manner provided ~n Section
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10427.1 of the Streets and Highways Code: or
(c) For the maintenance of the improvements.
Section 10. Proceedings Under the Special AssessmElnt
9 Investigation, Limitation and Ma;ority Protest Act of 1931. The
10 Common Council intends to comply with the requirements of the
11 Special Assessment Investigation, Limitation and Majority
12 Protest Act of 1931, Division 4 (commencing with S 2800) of the
13 Streets and Highways Code, by proceeding under Part 7.5 (com-
14 mencing with S 2960) of said Division 4.
In addi tion to the
15 matters provided for in Section 3 hereof, there shall be
16
included
in
the
report
provided
for
therein
the
following
17 information:
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(a) the total amount, as near as may be determined, of
19 the total principal of all unpaid special assessments required
20 or proposed to be levied under any completed or pending assess-
21 ment proceedings, other than that contemplated in .the instant
22 proceedings, which would require an investigation and report
23 under said act against the total area proposed to be assessed:
24 and
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(b) the total true value, as near as may be deter-
26 mined, of the parcels of land and improvements which are
27 proposed to be assessed. Pursuant to Sections 2961 and 2980 of
28 the Str.eets and Highways Code, such total true value shall be
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1 the full cash value of such land and improvements as defined in
2 Article XIII A of the California Constitution as shown upon the
3 last equalized assessment roll of the County of San Bernardino.
4 Section 11. Property Owners Taking Contract. It is
5 hereby determined and declared that the public interest will not
6 be served by allowing the owners of the lands assessed or liable
7 to be assessed, or their agents, to take a contract for the
8 construction and installation of the improvements.
9 Section 12. Adjustment of Grade on Private Property.
10 Wherever it is necessary to eliminate any disparity in level or
11 size between said improvements and private property, it is in
12 the public interest and more economical to do such work on
13 private property than to adjust the work on public property to
14 eliminate such disparity.
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RESOLUTION O~NTENTION, A.D. 985 0
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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 6th day of
If"
4 September, 1989, by the following vote, to wit:
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15 day of
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1989.
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19 Approved as to form
and legal content:
Mayor, City of San Bernardino
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BJS0043
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RESOLUTION NO.
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO DESIGNATING
NEWSPAPER TO BE USED FOR ASSESSMENT DISTRICT
PROCEEDINGS
WHEREAS, the Mayor and Common Council (the "Common
of the City of San Bernardino (the "City"), propose to
9 undertake proceedings pursuant to the Municipal Improvement Act
10 of 1913, Division 12 of the Streets and Highways Code, and the
11 Improvement Bond Act of 1915, Division 10 of said Code, for the
12 purpose of establishing an assessment district, including
13 portions of the City which will benefit from the acquisition and
14 construction of public improvements to be financed with the
15 proceeds of bonds to be issued pursuant to the Improvement Bond
16 Act of 1915; and
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WHEREAS, the Common Council desires to designate the
18 newspaper to be used for publications in connection. wi th said
19 proceedings;
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NOW, THEREFO!iE, BE IT RESOLVED AND ORDERED BY THE MAYOR
21 AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
22 that The Sun, a newspaper published and circulatE!d within thE!
23 City of San Bernardino, California, is hereby designated as the
24 newspaper in which shall be published all notices, resolutions,
25 orders and other matters required to be published in connection
26 with said assessment district proceedings.
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RESOLUTION D~GNATING NEWSPAPER, A.D. 9g
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I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a regular meeting thereof, held on the 6th day of
4 September, 1989, by the following vote, to wit:
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15 day of
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AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1989.
Mayor, City of San Bernardino
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19 Approved as to form
and legal content:
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RESOLUTION NO.
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO APPOINTING
SUPERINTENDENT OF STREETS
WHEREAS, the Mayor and Common Council (the "Common
7 Council") of the City of San Bernardino (the "City"), propose to
8 undertake proceedings pursuant to the Municipal Improvement Act
9 of 1913, Division 12 of the Streets and Highways Code, and the
10 Improvement Bond Act of 1915, Division 10 of said Code, for the
11 purpose of establishing an assessment district, including
12 portions of the City which will benefit from the acquisition and
13 construction of public improvements to be financed with the
14 proceeds of bonds to be issued pursuant to the Improvement Bond
15 Act of 1915: and
16
WHEREAS, it is necessary for the Common Council to
17 appoint a Superintendent of Streets in connection with said
18 assessment district proceedings:
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NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE MAYOR
20 AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
21 that Roger G. Hardgrave, the City's Director of Public
22 Works/City
Engineer,
is
hereby
appointed
to
act
as
23 Superintendent of Streets for the assessment district and to
24 perform all duties of said office in connection with said
25 assessment district proceedings.
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27 fill
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RESOLUTION AP~NTING SUPERINTENDENT OF STREETS, A.D. 985
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I HEREBY CERTIFY the the foregoing resolution was duly
adopted by the Mayor and Common Council of the Ci ty of San
Bernardino at a regular meeting thereof, held on the 6th day of
September, 1989, by the following vote, to wit:
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Council Members
AYES:
NAYS:
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15 this
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ABSENT:
City Clerk
The
foregoing
resolution
is
hereby
approved
day of
, 1989.
Mayor, City of San Bernardino
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20 Approved as to form
and legal content:
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BJS0044A
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RESOLUTION NO.
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO ADOPTING MAP
DESCRIBING PROPOSED BOUNDARIES OF ASStSSMENT
DISTRICT AND ORDERING FILING OF MAP
WHEREAS, the Mayor and Common Council (the "Common
8 Council") of the City of San Bernardino (the "City"), propose to
9 undertake proceedings pursuant to the Municipal Improvement Act
10 of 1913, Division 12 of the Streets and Highways Code, and the
11 Improvement Bond Act of 1915, Division 10 of said Code, for the
12 purpose of establishing an assessment district, including
13 portions of the City which will benefit from the acquisition and
14 construction of public improvements to be financed with the
15 proceeds of bonds to be issued pursuant to the Improvement Bond
16 Act of 1915; and
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WHEREAS, prior to the hearing on the formation of the
18 proposed assessment district, the Common Council must describe
19 the boundaries of the proposed assessment district by adopting a
20 map which shall indicate by a boundary line the extent of the
21 territory included therein and the Engineer of Work for the
22 Assessment District has prepared such a map;
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NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE MAYOR
24 AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS
25 FOLLOWS:
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Section 1. The Common Council approves and adopts the
27 map entitled "Proposed Boundaries of Assessment District No. 985
28 (Industrial Parkway Improvement District),
Ci ty of San
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1 Bernardino, County of San Bernardino, State of California," as
2 the map of the proposed boundaries of the assessment district
3 and orders that such map shall govern for all details as to the
4 extent of the assessment district.
5 Section 2. The City Clerk of the City shall file the
6 original of such map in her office, and within fifteen (15) days
7 after the adoption of the resolution fixing the time and place
8 of the hearing on the formation or extent of assessment district
9 and in no event later than fifteen (15) days prior to such
10 hearing, shall file a copy thereof with the County Recorder of
11 the County of San Bernardino.
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RESOLUTION ADOPTING MAP, A.D. 985
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the Ci ty of San
3 Bernardino at a regular meeting thereof, held on the 6th day of
4 September, 1989, by the following vote, to wit:
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15 day of
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1989.
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Mayor, City of San Bernardino
19 Approved as to form
and legal content:
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RESOLUTION NO.
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ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District.)
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO APPROVING
ENGINEER'S REPORT AND APPOINTING TIME AND
PLACE FOR HEARING PROTESTS TO PROPOSED PUBLIC
IMPROVEMENTS
WHEREAS, the Mayor and Common Council (the "Common
8 Council") of the City of San Bernardino (the "City"), propose to
9 undertake proceedings pursuant to the Municipal Improvement Act
10 of 1913, Division 12 of the Streets and Highways Code, and the
11 I Improvement Bond Act of 1915, Division 10 of said Code, for the
12 I purpose of forming an assessment district, including portions of
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13 I the City which will benefit from the acquisition and construc-
14 I tion of public improvements and payment of incidental costs and
15 expenses in connection therewith to be financed with the pro-
16 ceeds of bonds to be issued pursuant to the Improvement Bond Act
17 of 1915 for the benefit of the lands within the exterior
18 boundaries of the assessment district; and
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20 No.
WHEREAS, the Common Council has adopted Resolution
entitled "Resolution of the Mayor and Common Council
21 of the City of San Bernardino Declaring Intention to Order the
22 Acquisition and Construction of Certain Public Improvements
23 Within and for a Proposed Assessment District and the Payment of
24 Certain Expenses Incidental Thereto Pursuant to the Municipal
25 Improvement Act of 1913, Describing the Assessment District to
26 be Assessed to Pay the Costs and Expenses of Such Improvements,
27 and Determining that Bonds Shall be Issued in the Amount of the
28 Unpaid Assessment Pursuant to the Improvement Bond Act of 1915,"
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which resolution is the Resolution of Intention with respect to
the proceedings for the proposed assessment district and the
sale of said bonds (the "Resolution of Intention"); and
WHEREAS, pursuant to the Resolution of Intention, the
Engineer of Work has prepared and filed its report with the City
Clerk as provided for in Sections 10203 and 10204 of the Streets
and Highways Code, and the City Clerk has presented said report
to the Common Council for review and consideration; and
WHEREAS, the Common Council desires to pass on said
report and appoint a time and place for hearing of protests to
the acquisition and construction of the public improvements;
12 NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COMMON
,
13 I COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
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Section 1. Report. The Report of the Engineer of Work
15 (the "Report") contains all matters required by Section 10204 of
16 the Streets and Highways Code.
The Report further contains,
17 pursuant to Section 2961 of the Streets and Highways Code, as
18 ordered by the Common Council in Section 10 of the Resolution of
19 Intention, the following information: (i) the total amount, as
20 near as may be determined, of the total principal of all unpaid
21 special assessments required or proposed to be levied under any
22 completed or pending assessment proceedings, which would require
23 an investigation and report under the Special Assessment
24 Investigation, Limitation and Majority Protest Act of 1931,
25 Division 4 (commencing with S 2800) of the Streets and Highways
26 Code, against the total area proposed to be assessed; and
27 (ii) the total true value, as near as may be determined, of the
28 parcels of land and improvements which are proposed to be
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assessed. Based on the Report, the total amount of the princi-
pal sum of all unpaid special assessments levied against the
parcels proposed to be assessed as computed pursuant to clause
(ii) above, plus the principal amount of the special assessments
proposed to be levied in the instant proceedings, do not exceed
one-half of the total value of the parcels proposed to be
assessed, as computed pursuant to paragraph (2) of subdivi-
sion (b) of said Section 2961. The Report is therefore in
proper form and does not require modification, and the Report is
hereby adopted, passed upon and preliminarily approved.
Section 2. Hearing. The time of 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, are appointed as the time and place for
hearing protests to the proposed public improvements. Any and
all persons having any objections to the proposed acquisition
and construction of the public improvements, or the proposed
assessment on the land within the proposed assessment district,
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19 or any parcel thereof, or the extent of the assessment district
20 may appear and show cause why the acquisition and construction
21 of the public improvements should not be accomplished in
22 accordance with the Resolution of Intention and the Report.
23 Protests must be in writing and must be delivered to the City
24 Clerk at or before the time set for the hearing.
25 Section 3. Inquiries. The Common Council does hereby
26 designate Roger G. Hardgrave, Director of Public Works/City
27 Engineer, telephone number (714) 384-5025, as the person to
28 answer inquiries regarding the protest proceedings.
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Section 4. Notice. The City Clerk is directed to give
notice of the hearing as follows:
(a) The City Clerk shall cause notices of the
passage of the Resolution of Intention and of this reso-
lution to be posted conspicuously on all open streets within
the Assessment District, not more than 300 feet apart on
each street so posted, but not less than three in all, all
in accordance with Sections 10302 and 10303 of the Streets
and Highways Code.
(b) The City Clerk shall also give notice of said
hearing, and of the adoption of the Resolution of Intention
and of this resolution by causing such notice to be pub-
lished in accordance with Section 6066 of the Government
Code in The Sun, a newspaper of general circulation pub-
lished and circulated in the City, once a week for two
successive weeks with at least five '(5) days intervening
between the respective publication dates, not counting such
publication dates, as prescribed by Section 10304 of the
Streets and Highways Code. Said notices shall be posted and
first published at least twenty (20) days before the date
set for the hearing of protests.
(c) At least twenty (20) days before the date set
for the hearing of protests, the City Clerk shall, pursuant
to Sections 10306 and 10307 of the Streets and Highways
Code, mail, postage prepaid, notice of said hearing and of
the adoption of the Resolution of Intention, and the filing
and approval of the Report to all persons owning real prop-
erty proposed to be assessed whose names and addresses
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appear on the last equalized assessment roll for taxes of
the County of San Bernardino, or who are known to the City
Clerk. Upon the completion of the mailing of said notices,
the City Clerk shall file with the Common Council a
declaration setting forth the time and manner of the
compliance with the requirements of this resolution for
publishing, posting, and mailing notices.
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RESOLUTION AP~VING ENGINEER'S REPORT, ~. 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 6th day of
September, 1989, by the following vote, to wit:
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14 this
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The
foregoing
resolution
is
hereby
approved,
day of
, 1989.
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Approved as to form
20 and legal content:
Mayor, City of San Bernardino
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