HomeMy WebLinkAbout1995-425
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
r
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.
95-425
RESOLUTION OF THE CITY OF SAN BERNARDINO
CONFIRMING THE ASSESSMENT, ORDERING THE
IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER'S
"REPORT"
WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO,
CALIFORNIA, has previously adopted its Resolution of Intention
and initiated proceedings for the installation of certain pUblic
works
improvement,
of
together with appurtenances
and
appurtenant work, including acquisition where appropriate, in a
special assessment district pursuant to the terms and provisions
of the "Municipal Improvement Act of 1913", being Division 12 of
the Streets and Highways Code of the State of California, said
special assessment district known and designated as ASSESSMENT
DISTRICT NO. 1015 (NEW PINE AVENUE) (hereinafter referred to as
the "Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention, a
"Report", as therein provided, was presented, considered and
approved; and,
WHEREAS,
said
"Report" ,
as preliminarily approved,
contained all the matters and items called for by law and as
pursuant to the provisions of said "Municipal Improvement Act of
1913", including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement; and,
i .f ~.
RESOLUTION OF THE CITY OF SAN BERN~DINO CONFIRMING
ASS~SSMENT, ORDERING THE IMPROVEMENTS MADE,
APPURTENANCES, AND APPROVING THE ENGINEER'S
ASSESSMENT DISTRICT NO. 1015
THE
TOGETHER WITH
"REPORT" IN
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
WHEREAS, notices of said hearing were regularly mailed in
the time, form and manner required by law and as evidenced by
affidavits on file with the transcript of these proceedings, and
at this time all protests have been heard and considered, and a
full hearing has been given, all in the manner provided by law;
and,
WHEREAS, at this time it is determined that the owners of
one-half (1/2) of the area assessed for the cost of the proposed
improvements have not filed written protests against the said
proceedings; and,
WHEREAS, this legislative body is now satisfied with the
assessment and all matters contained in the "Report" as now
updated and submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and
correct.
PROTESTS
SECTION 2. That all protests and objections of every kind
and nature be, and the same hereby are, overruled and denied,
and it is further determined that said protests and objections
are made by the owners of less than one-half of the area of
property to be assessed for said improvements within said
Assessment District.
BENEFITS RECEIVED
SECTION 3. That it is hereby determined that all properties
within the boundaries of the Assessment District receive a local
~
.'/ ,- //-""
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN
ASSESSMENT DISTRICT NO. 1015
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
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.
PUBLIc INTEREST AND CONVENIENCE
SECTION 4. That the public interest and convenience require
the proposed improvements to be made, and therefore it is hereby
ordered that the work be done and improvements be made, together
with appurtenances and appurtenant work in connection therewith
in said Assessment District, as set forth in the Resolution of
Intention previously adopted and as set forth in the "Report"
presented and considered, and as now approved.
ENGINEER'S "REPORT"
SECTION 5. That the "Report" of the Engineer, as now
submitted, updated and amended as appropriate, is hereby
approved and said "Report" shall stand as the "Report" for all
future proceedings for this Assessment District.
CONFIRMATION OF ASSESSMENT
SECTION 6. That the assessments, as now filed in the
Engineer's "Report" and diagram for the improvements, together
with appurtenances and appurtenant work in connection therewith,
are hereby confirmed.
The assessments contained in the final Engineer's
"Report" are hereby levied and approved as follows:
III
,,'
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN
ASSESSMENT DISTRICT NO. 1015
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
A. The final assessments to represent the costs
and expenses to finance the public works of improvement, as
authorized for these proceedings.
The
annual
assessment
B.
to
pay
for
administrative costs in an amount not to exceed the maximum
annual assessment as se~ forth in said "Report".
RECORDATION OF ASSESSMENT
SECTION 8.
That the city Clerk shall forthwith deliver to
the Superintendent of Streets the assessment, together with the
diagram attached thereto and made a part thereof, as confirmed,
with his certificate of such confirmation attached and the date
thereof; and that said Superintendent of Streets shall then
immediately record said 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.
COUNTY RECORDER NOTICE
SECTION 9.
Upon confirmation of the assessments and
recordation of the assessment roll and diagram, a certified copy
of the assessment diagram shall be immediately filed in the
Office of the county Recorder.
Immediately thereafter, a copy
of the notice of assessment shall be recorded in the Office of
the County Recorder in the manner and form as set forth by law
and specifically section 3114 of the Streets and Highways Code
of the State of California.
MAILED NOTICE
That upon recordation of the diagram
SECTION 10.
and
assessment, a notice shall be mailed to each owner of real
/7r ,
//.,;----
- .
RESOLUTJ:ON OF THE CITY OF SAN BERNARDINb CONFIRMING THE
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN
ASSESSMENT DISTRICT NO. 1015
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
property within the Assessment District at his last known
address, as said address appears on the last equalized ~ax rolls
of the County, said notice to set forth a statement containing
a designation of the property assessed, as well as the amount of
the final confirmed assessment, and further indicating that
bonds will be issued pursuant to the "Improvement Bond Act of
1915".
PUBLICATION
SECTION 11.
That notice shall also be given by publication
in the designated legal newspaper, said notice setting forth the
amount of the final assessment and indicating that said
assessment is now due and payable, and further indicating that
if said assessment is not paid within the allowed thirty (30)
day cash collection period, bonds shall be issued as authorized
by law.
No publication shall be required if all (100%)
of the assessed property owners have timely filed a properly
executed waiver of the cash collection period.
ASSESSMENT COLLECTION
SECTION 12.
The county Auditor is hereby authorized and
directed, in accordance with the provisions of section 8682 of
the Streets and Highways Code of the State of California, to
enter into his assessment roll on which property taxes will next
become due, opposite each lot or parcel of land affected, in a
space marked "public improvement assessment" or by other
suitable designation, the next and several installments of such
assessment coming due during the ensuing fiscal year covered by
---
RESOLUTLON OF THE CITY OF SAN BERNARDINO CONFIRMING THE
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN
ASSESSMENT DISTRICT NO. 1015
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
the assessment roll and that said entry then shall be made each
year during the life of the bonds for the proceedings for the
above-referenced Assessment District.
This authorization is
continual until all assessment obligations have been discharged
and the bonds terminated.
As an al~ernate, and when determined to be in the
best interests for bondholders of the Assessment District, this
legislative body may, by Resolution, designate an official other
than the County Tax Collector and/or other agent, to collect and
maintain records of the collection of the assessments, including
a procedure other than the normal property tax collection
procedure.
SECTION 13.
In accordance with the provisions of section
8685 of the Streets and Highways Code, if any lot or parcel of
land affected by any assessment is not separately assessed on
the tax roll so that the installment of the assessment to be
collected can be conveniently entered thereon, then the Auditor
shall enter on the roll a description of the lot or parcel
affected, with the name of the owners, if known, but otherwise
the owners may be described as "unknown owners", and extend the
proper installment opposite the same.
ASSESSMENT VERIFICATION STATEMENT
SECTION 14.
The County Auditor shall, within 90 days after
any special assessment installment becomes delinquent, render
and submit a detailed report showing the amounts of the
installments, interest, penalties and percentages so collected,
for the preceding term and installment date, and from what
,/7...
{
/
RESOLUT~ON OF THE CITY OF SAN BERNARDINO CONFIRMING THE
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN
ASSESSMENT DISTRICT NO. 1015
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
property collected, and further identify any properties which
are delinquent and the amount and length of time for said
delinquency, and further set forth a statement of percentages
retained for the expenses of making such collections.
This
request is specifically made pursuant to the authorization of
section 8683 of the Streets and Highways Code of the State of
California.
ASSESSMENT DISTRICT FUNDS
SECTION 16.
The Treasurer is hereby authorized at this
time, if not previously done, to establish the following funds
as necessary for the payment of costs and expenses and
administration of the proceedings for this Assessment District:
A. IMPROVEMENT FUND: All monies received from
cash collections and City advancement for purchase of bonds and
applicable contributions shall be placed into the Improvement
Fund.
B. REDEMPTION FUND: All monies received from the
payment of assessments shall be placed in the Redemption Fund.
For particulars as to the administration and
handling of the Funds, the specific terms and conditions are set
forth the Resolution Authorizing the Issuance of Bonds.
III
III
III
III
III
III
/?'~
/j
;' i'
"
-'
~
RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN
ASSESSMENT DISTRICT NO. 1015
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
I HEREBY CERTIFY that the foregoing resolution was adopted
by the Mayor and Common Council of the City of San Bernardino at
a regular meeting thereof, held on the 18th day of December,
1995, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
d~~ U~
The foregoing resolution is hereby approved this ~Oth day
of December, 1995.
/~-]i!t~
TOM MINOR, Mayor
City of San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
city Attorney
B~_)
Approved as to form:
BROWN, DIVEN & HENTSCHKE
Bond Counsel
28 BY:,:;l<
r~