HomeMy WebLinkAbout1995-363
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RESOLUTION NO. 95-363
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO
ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED
3 ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL
OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO
4 PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE
ISSUANCE OF BONDS
5
6
THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO,
7 CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
8 SECTION 1. The public interest and convenience
9 require, and it is the intention of this body, pursuant to the
10 provisions of Division 12 of the Streets and Highways Code of
11 the State of California (the "Municipal Improvement Act 1913"),
12 to order the installation of certain pUblic improvements,
13 together with appurtenances and appurtenant work, in a special
14 assessment district known and designated as ASSESSMENT DISTRICT
15 NO. 1015 (NEW PINE AVENUE) (hereinafter referred to as the
16 "Assessment District").
17 DESCRIPTION OF IMPROVEMENTS
18
financing
of
certain public
A. The
19 improvements described as the construction of
street
20 improvements in NEW PINE AVENUE, including the alignment with
21 WASHINGTON STREET, together with appurtenances and appurtenant
22 work.
The work shall consist of grading, paving, curbs and
23 gutters, street lights, sidewalks, drainage improvements,
24 sanitary sewer and water facilities, together with appurtenances
25 and appurtenant work, all to serve and benefit properties within
26 the boundaries of the Assessment District.
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B. Said
rights-of-way
streets,
and
28 easements shall be shown upon the plans herein referred to and
to be filed with these proceedings.
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1 RESO: DECLARING INTENTION IN ASSESSMENT DISTRICT NO. 1015
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3 C. All of said work and improvements are
4 to be installed at the places and in the particular locations,
5 and to the sizes, dimensions and materials, to the lines, grades
6 and elevations as shown and delineated upon the plans, profiles
7 and specifications, all to be made a part of the Engineer's
8 "Report".
9 D. The description of the improvements
10 contained in this Resolution is general in nature, and the plans
11 and profiles of the work as contained in the Engineer's "Report"
12 shall be controlling as to the correct and detailed description
13 thereof.
14 DESCRIPTION OF ASSESSMENT DISTRICT
15 SECTION 2. That said improvements are of direct benefit
16 to the properties and land within the Assessment District, and
17 this legislative body hereby makes the expenses of said work and
18 improvement chargeable upon a district, which is described as
19 follows:
20 All that certain territory in the District
21 included within the exterior boundary lines shown on the plat
22 exhibiting the property benefited and to be assessed to pay the
23 costs and expenses of said work and improvements in the
24 Assessment District, said map titled "PROPOSED BOUNDARIES OF
25 ASSESSMENT DISTRICT NO. 1015 (NEW PINE AVENUE)", and which map
26 was heretofore approved and which said map is on file with the
27 transcript of these proceedings, EXCEPTING therefrom the area
28 shown within the area of all public streets, easements or public
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1 RESO: DECLARING INTENTION IN ASSESSMENT DISTRICT NO. 1015
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3 rights-of-way. For all particulars as to the boundaries of the
4 Assessment District, reference is hereby made to said previously
5 approved boundary map.
6 REPORT OF ENGINEER
7 SECTION 3. That this proposed improvement is hereby
8 referred to GFB-FRIEDRICH & ASSOCIATES, INC., who is hereby
9 directed to make and file the report in writing containing the
10 following:
11 A. Plans and specifications of the proposed
12 improvements;
13 B. An estimate of the cost of the proposed
14 works of improvement, including the cost of the incidental
15 expenses, in connection therewith;
16 C. A diagram showing the Assessment District
17 above referred to, which shall also show the boundaries and
18 dimensions of the respective subdivisions of land within said
19 Assessment District, as the same existed at the time of the
20 passage of the Resolution of Intention, each of which
21 subdivisions shall be given a separate number upon said Diagram;
22 D. A proposed assessment of the total amount
23 of the assessable costs and expenses of the proposed improvement
24 upon the several divisions of land in proportion to the
25 estimated benefits to be received by such subdivisions,
26 respectively, from said improvement. Said assessment shall
27 refer to such subdivisions upon said diagram by the respective
28 numbers thereof;
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1 RESO:
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4 improvement to
5 proceedings.
6 When any portion or percentage of the cost and expenses
7 of the improvements is to be paid from sources other than
8 assessments, the amount of such portion or percentage shall
9 first be deducted from the total estimated costs and expenses of
10 said work and improvements, and said assessment shall include
11 only the remainder of the estimated costs and expenses. Said
12 assessment shall refer to said subdivisions by their respective
13 numbers as assigned pursuant to Subsection D. of this section.
14 BONDS
15 SECTION 4. Notice is hereby given that bonds to
16 represent the unpaid assessments, and bear interest at the rate
17 of not to exceed the current legal maximum rate of 12% per
18 annum, will be issued hereunder in the manner provided in the
19 "Improvement Bond Act of 1915", being Division 10 of the Streets
20 and Highways Code of the State of California, which bonds shall
21 be issued not to exceed the legal maximum term as authorized by
22 law, THIRTY-NINE (39) YEARS from the second day of September
23 next succeeding twelve (12) months from their date. The
24 provisions of Part 11.1 of said Act, providing an alternative
25 procedure for the advance payment of assessments and the calling
26 of bonds shall apply.
27 The principal amount of the bonds maturing
28 each year shall be other than an amount equal to an even annual
DECLARING INTENTION IN ASSESSMENT DISTRICT NO. 1015
E.
be
The description of the works of
installed and acquired under these
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1 RESO: DECLARING INTENTION IN ASSESSMENT DISTRICT NO. 1015
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3 proportion of the aggregate principal of the bonds, and the
4 amount of principal maturing in each year, plus the amount of
5 interest payable in that year, will be generally an aggregate
6 amount that is equal each year, except for the first year's
7 adjustment.
8 Pursuant to the provisions of the Streets
9 and Highways Code of the State of California, specifically
10 section 10603, the Treasurer is hereby designated as the officer
11 to collect and receive the assessments during the cash
12 collection period. Said bonds further shall be serviced by the
13 Treasurer or designated Paying Agent.
14 Refundinq
15 Any bonds issued pursuant to these
16 proceedings and Division 11.5 of the Streeets and Highways Code
17 of the State of Caifornia (a) may be refunded (b) the interest
18 rate on said bonds shall not exceed the maximum interest rate as
19 authorized for these proceedings, and the number of years to
20 maturity shall not exceed the maximum number as authorized for
21 these bonds unless a public hearing is expressly held as
22 authorized pursuant to said Division 11.5, and (c) any
23 adjustments in assessments resulting from any refundings will be
24 done on a pro-rata basis.
25 Any authorized refunding shall be pursuant
26 to the above conditions, and pursuant to the provisions and
27 restrictions of Division 11.5 of the Streets and Highways Code
28 of the State of California, commencing with section 9500, and
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1 RESO: DECLARING INTENTION IN ASSESSMENT DISTRICT NO. 1015
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3 all further conditions shall be set forth in the Bond Indenture
4 to be approved prior to any issuance of bonds.
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6
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for
7 the issuance of bonds, all of said improvements shall be made
8 and ordered pursuant to the provisions of the "Municipal
9 Improvement Act of 1913", being Division 12 of the Streets and
10 Highways Code of the state of California.
11
12
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from
13 the assessment, it shall be used, in such amounts as the
14 legislative body may determine, in accordance with the
15 provisions of law for one or more of the following purposes:
16 A. Transfer to the general fund; provided
17 that the amount of any such transfer shall not exceed the lesser
18 of One Thousand Dollars ($1,000,00) or five percent (5%) of the
19 total from the Improvement Fund;
20
B.
As a credit upon the assessment and any
21 supplemental assessment;
22
C.
For the maintenance of the improvement;
23 or
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25
26
D. To call bonds.
SPECIAL FUND
SECTION 7. The legislative body hereby establishes
27 a special improvement fund identified and designated by the name
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1 RESO: DECLARING INTENTION IN ASSESSMENT DISTRICT NO. 1015
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3 of this Assessment District, and into said Fund monies may be
4 transferred at any time to expedite the making of the
5 improvements herein authorized, and any such advancement of
6 funds is a loan and shall be repaid out of the proceeds of the
7 sale of bonds or collection of assessments as authorized by
8 law.
9 PRIVATE CONTRACT
10 SECTION 8. Notice is hereby given that the public
11 interest will not be served by allowing the property owners to
12 take the public contract for the installation of the
13 improvements, and that, as authorized by law, no notice of award
14 of contract shall be published. This section does not preclude
15 the acquisition of facilities installed by property owners
16 pursuant to any private contract.
17 GRADES
18 SECTION 9. That notice is hereby given that the grade
19 to which the work shall be done is to be shown on the plans and
20 profiles therefor, which grade may vary from the existing
21 grades. The work herein contemplated shall be done to the
22 grades as indicated on the plans and specifications, to which
23 reference is made for a description of the grade at which the
24 work is to be done. Any objections or protests to the proposed
25 grade shall be made at the public hearing to be conducted under
26 these proceedings.
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1 RESO: DECLARING INTENTION IN ASSESSMENT DISTRICT NO. 1015
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3 WORK ON PRIVATE PROPERTY
4 SECTION 10. It is hereby further determined to be in
5 the best public interest and convenience and more economical to
6 do certain work on private property to eliminate any disparity
7 in level or size between the improvements and the private
8 property. The actual cost of such work is to be added to the
9 assessment on the lot on which the work is done, and no work of
10 this nature is to be performed until the written consent of the
11 property owner is first obtained.
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PROCEEDINGS INOUIRIES
SECTION 11. For any and all information relating to
14 these proceedings, including information relating to protest
15 procedure, your attention is directed to the person designated
16 below:
17
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20
LES FOGASSY, ACTING REAL PROPERTY SUPERINTENDENT
CITY OF SAN BERNARDINO
300 NORTH "D"
SAN BERNARDINO, CA 92418
TELEPHONE: (909) 384-5026
written protests should be addressed to the City Clerk
21 and mailed to the address listed above.
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23
PUBLIC PROPERTY
SECTION 12. All public property in the use and
24 performance of a public function shall be omitted from
25 assessment in these proceedings unless expressly provided and
26 listed herein.
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1 RESO: DECLARING INTENTION IN ASESSMENT DISTRICT NO. 1015
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3 NO CITY LIABILITY
4 SECTION 13. This legislative body hereby further
5 declares not to obligate itself to advance available funds from
6 the Treasury to cure any deficiency which may occur in the bond
7 redemption fund. This determination is made pursuant to the
8 authority of section 8769 (b) of the Streets and Highways Code of
9 the State of California, and said determination shall further be
10 set forth in the text of the bonds issued pursuant to the
11 "Improvement Bond Act of 1915".
12 DIVISION 4 PROCEEDINGS
13 SECTION 14. A. That a petition signed by property
14 owners representing more than 60% in area of the property
15 subject to assessment for said improvement has been signed and
16 filed with the legislative body, and no further proceeding or
17 actions will be required under Division 4 of the Streets and
18 Highway Code of the state of California, the "Special Assessment
19 Investigation, Limitation and Majority Protest Act of 1931".
20 B. That the City, being a charter city,
21 may also determine to make a finding of public convenience and
22 necessity, upon the conclusion of the public hearing as
23 authorized by Section 19 of Article XVI of the California
24 Consitution.
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1 RESO: DECLARING INTENTION IN ASSESSMENT DISTRICT NO. 1015
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ANNUAL ADMINISTRATIVE ASSESSMENT
4 SECTION 15. It is hereby declared that this legislative
5 body proposes to levy an annual assessment pursuant to section
6 10204 of the Streets and Highways Code of the state of
7 California, said annual assessment to pay costs incurred by the
8 City and not otherwise reimbursed which result from the
9 administration and collection of assessments or from the
10 administration or registration of any associated bonds and their
11 related funds.
12
I HEREBY CERTIFY that the foregoing resolution was
13 adopted by the Mayor and Common Council of the city of San
14 Bernardino at a
regular
meeting thereof, held on the 16th
15 day of
October
, 1995, by the following vote, to wit:
16 Council Members: AYES
17 NEGRETE x
18 CURLIN x
19 HERNANDEZ x
20 OBERHELMAN x
21 DEVLIN x
22 POPE-LUDLAM x
23 MILLER x
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NAYS ABSTAIN
Cit(~ ~
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RESO:
day of
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DECLARING INTENTION IN AS~BSSMENT DISTRICT NO. 1015
The foregoing resolution is hereby approved this /sf.i
October
1995.
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OM MINOR, ayor
city of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
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