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HomeMy WebLinkAbout23-Public Works 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. r:.::5 r.;:;r:~ (,Ji,;;Io ::::0 rn C'~ 01 (;") f".rl -0 r....) {P I l> t::t ~~ ..l.M. .:::::'1 :~!!!~ - Recommended motion: .. ;.....:> 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. C:;l -r1 -q 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 ~~ Contact person: Verne Na_eau Supporting data attached: Staff Report, Map Phone: 384-5026 6 Ward: FUNDING REQUIREMENTS: Amount: $a05,ooo.OO Source: (Acct. No.) 251-659-53925 (To be assessed to property owners Acct. Descri tion Parkway Improvement Oi stri ct) Bo",~ > Assessment ~istrict No. 985 (Industrial rj~ Finance: I Council Notes: -75.0262 Agenda Item No. ~~_.- CiTY OF SAN BERQRDINO - ,.... REQUEST f..IR COUNCIL ACTION STAFF REPORT Hear protests, if any, and adopt the Resolution Modifying and Confirming the Assessment and Ordering the Improvements and the Resolution Awarding a Contract for Construction of the Improvements. On August 21, 1989, the Resolution of Intention and Resolution Preliminarily Approving the Engineer's Report were adopted. As required by the Municipal Improvement Act of 1913, the Notice of Improvement was posted on the streets within the proposed district by the Real Property Section on September 15, 1989, a Notice of Improvement was mailed to each of the property owners in the proposed district on September 15, 1989, ~ ~~ Ce~~~ffi5er IS, 1989, and September 22, 1989, the Notice of Improvement was published in The Sun newspaper. To date we have received no protests. . The resolutions are attached for your action. 9-26":'89 75-0264 - - ....,. , Of' ,....,. . PROPOSED ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO.. 985 INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO ST A TE OF CALIFORNIA J -- : A'I~ -Iff- ~ en , .5l':1TE NM04I: WAY ~ (II) 1$ \, - '" -- ...- ,-. ... ~ ,,,,,,,,,,,,,,,. NOfIOHD DlSTIlICT SOUNDARY .TReET ....OYlIlENT @ A.......INT NUIIHR ~"._-,. A."..OR ~AIlCEL ~IR <>- :::-:.. .IWER ..loIN ASIa"'''' IMACaMl a.'lfICAIIS .TOR" DRAIN LINE "AL" AVENUE .TREIT I.."ROVI..ENT. NIL A..I....INT. ,..... ... .. ...tee .. ... CIty Clerk. .. .. CIty .. s.. ~. ... _ .. .. -" ,..,. g@) ~ CIt~ c..... ....... ... ... ...... .. ,e. ow-e- .. .....-c ____alae' ......... .. ... Clt, .. .... ............. thh _ __ .,.. _. __ ... .." ,... .....~- ~..~_...d c.ily '......... ...: ~ --, _" A_ _.... ........- ..,.. .. ,... . c:....t, .__... __ u;.-- ..., .. ______0 ,_~......... .... e--k, F......~'cl. ... _ _0 ..... let _0 ..... - ~ ......_0 ~ ) Aft "...~ .. ..,.. ., ,.. c.- c.-.dI .. .... CIIi, .. .... ........... ... ,.. ..... ,.... ..... ........ ...... ...... .. .... .....-- ..._. 'M......-... ....... - 1M tMy'" . ,-: 'M "...__ ...._ ... ,he ....___ ..... ...~ '".......... .. .... OW-W" .....-..alr...' ~.. thIl cIt,. .. ,.. .. .. t.mCieto ,:"o.r'::'-:- ~ -;";Qt";' l=-:''' ':. ~ ..::.. "= ... ............ ......... ...... .... ,... .. ...... ...... en t" .....-... ....-. ~......e...--.---- City o.ta 9-26-89 9-26- t"""" .'-' ....,"" 1 RESOLUTION NO. 2 .",,-i _4........ 3 (Industrial Parkway Improvement District) 4 5 6 7 8 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, 9 10 11 12 13 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 15 16 17 18 19 20 21 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 23 24 construction of such improvements, and providing for notice of 25 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 9-26- 9 --- - - 'cf.'&;" '-" 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 4 5 contemplated in the instant proceedings, which would require an 6 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 9 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 12 WHEREAS, notice of the hearing of protests to the 13 acquisition and construction of such improvements was duly 14 posted, published, and mailed, as shown by affidavits presented 15 16 17 18 19 20 21 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 -2- c' """. .""", 1 the proposed improvements, the proposed assessment and the pro- 2 posed amount of money assessed on each parcel of property 3 included in the assessment should be modified: 4 5 6 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. 14 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- 9-26- 9 -3- 9-26- 9 - - -- c .....,.# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -4- 9-26- 9 , -- c I!'.~ .'i'-'Ib; .....,,; 1 report of the Engineer of Work, and orders the construction of 2 the improvements as mentionetl therein. 3 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. 4 5 6 7 8 9 10 11 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. 161 / / 17 / / 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 241 / / 25 / / 26 / / 27 / / 28 / / -5- r' '-'" ........" RESOLUTION CONFIRMING ASSESSMENT, A.D. 985 1 2 3 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: 4 5 6 7 8 9 10 11 12 13 14 day of 15 16 17 18 19 20 21 22 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: 23 24 25 26 27 28 BJS0062 -6-