Loading...
HomeMy WebLinkAbout1992-154 . . 1 2 3 RESOLUTION NO. 92-154 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 1003 WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, 4 CALIFORNIA, has been presented and has received a map showing and describ- 5 ing the boundaries of the area proposed to be assessed in an assessment 6 district under the provisions and authority of the "Municipal Improvement 7 Act of 1913", being Division 12 of the Streets and Highways Code of the 8 state of Cal ifornia; said assessment district known and designated as 9 ASSESSMENT DISTRICT NO. 1003 (hereinafter referred to as the "Assessment 10 District") . 11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 12 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. That the above recitals are all true and correct. 14 SECTION 2. That a map of the Assessment District showing the 15 boundaries of the proposed Assessment District and lands and property to 16 be assessed to pay the costs and expenses of the proposed improvements 17 designated as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 1003" is 18 hereby submitted, and the same is hereby approved and adopted. 19 SECTION 3. That the original map of said proposed boundaries of 20 the proposed Assessment District and one copy thereof is to be filed in 21 the Office of the City Clerk. 22 SECTION 4. A certificate shall be endorsed on the original and 23 on at least one copy of the map of the Assessment District, evidencing the 24 date and adoption of this Resolution, and within fifteen (15) days after 25 the adoption of the Resolution fixing the time and place of hearing on the 26 formation or extent of said Assessment District, a copy of said map shall 27 28 04/27/92 RESOLUTIO~ DECLARING INTENTION TO ORDER INSTALLATION OF CERTAIN I~PROV- MENTS IN A PROPOSED ASSESSMENT DISTRICT --- AD 1003 1 D. The descr iption of the improvements and the 2 termini of the work contained in this Resolution are general in nature. 3 All items of work do not necessarily extend for the full length of the 4 description thereof. The plans and profiles of the work as contained in 5 the Engineer's "Report" shall be controlling as to the correct and 6 7 detailed description thereof. E. Whenever any public way is herein referred to as 8 running between two public ways, or from or to any public way, the 9 intersections of the public ways referred to are included to the extent 10 that work shall be shown on the plans to be done therein. 11 F. Notice is hereby given of the fact that in many 12 cases said work and improvement will bring the finished work to a grade 13 different from that formerly existing, and that to said extent, said 14 grades are hereby changed and said work will be done to said changed 15 grades. 16 DESCRIPTION OF ASSESSMENT DISTRICT 17 SECTION 2. That said improvements and work are of direct bene- 18 fit to the properties and land within the Assessment District, and this 19 legislative body hereby makes the expenses of said work and improvement 20 chargeable upon a district, which said Assessment District is hereby 21 declared to be the Assessment District benefited by said work and improve- 22 ments and to be assessed to pay the costs and expenses thereof, including 23 incidental expenses and costs and which is described as follows: 24 All that certain territory in the District included 25 within the exterior boundary lines shown on the plat exhibiting the 26 property affected or benefited by or to be assessed to pay the costs and 27 expenses of said work and improvements in the Assessment District, said 28 04-15-92 2 RESOLUTIOK DECLARING INTENTION TO ORDER INSTALLATION OF CERTAIN IMPROV- MENTS IN A PROPOSED ASSESSMENT DISTRICT n_ AD 1003 . 1 map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT 2 NO. 1003", and which map was heretofore approved and which said map or 3 diagram is on file with the transcript of these proceedings, EXCEPTING 4 therefrom the area shown within and delineated upon said map or plat 5 hereinabove referred to, the area of all public streets, public avenues, 6 public lanes, public roads, public drives, public courts, public alleys, 7 and all easements and rights-af-way therein contained belonging to the 8 public. For all particulars as to the boundaries of the Assessment 9 District, reference is hereby made to said boundary map heretofore 10 previously approved, and for a complete description of said Assessment 11 District, the said plat and proposed boundary map on file shall govern. 12 REPORT OF ENGINEER 13 SECTION 3. That this proposed improvement is hereby referred to 14 GFB-FRIEDRICH & ASSOCIATES, INC., who is hereby directed to make and file 15 the report in writing containing the following: 16 A. Plans and specifications of the proposed 17 improvement s ; 18 B. An estimate of the cost of the proposed works of 19 improvement, including the cost of the incidental expenses in connection 20 therewith; 21 C. A diagram showing the Assessment District above 22 referred to, which shall also show the boundaries and dimensions of the 23 respective subdivisions of land within said Assessment District, as the 24 same existed at the time of the passage of the Resolution of Intention, 25 each of which subdivisions shall be given a separate number upon said 26 Diagram; 27 28 04-15-92 3 RESOLUTION DECLARING INTENTION TO ORDER MENTS IN A PROPOSED ASSESSMENT DISTRICT INSTALLATION OF.CERTAIN IMPROV- AD 1003 1 D. A proposed assessment of the total amount of the 2 assessable costs and expenses of the proposed improvement upon the several 3 divisions of land in proportion to the estimated benefits to be received 4 by such subdivisions, respectively, from said improvement. said assess- 5 ment shall refer to such subdivisions upon said diagram by the respective 6 numbers thereof; 7 E. The description of the works of improvement to 8 be installed under these proceedings, and acquisition, where necessary. 9 When any portion or percentage of the cost and 10 expenses of the improvements is to be paid from sources other than assess- 11 ments, the amount of such portion or percentage shall first be deducted 12 from the total estimated costs and expenses of said work and improvements, 13 and said assessment shall include only the remainder of the estimated 14 costs and expenses. Said assessment shall refer to said subdivisions by 15 their respective numbers as assigned pursuant to Subsection D. of this 16 Section. 17 BONDS 18 SECTION 4. Notice is hereby given that serial bonds to repre- 19 sent the unpaid assessments, and bear interest at the rate of not to 20 exceed the current legal maximum rate of 12% per annum, will be issued 21 hereunder in the manner provided in the "Improvement Bond Act of 1915", 22 being Division 10 of the Streets and Highways Code of the State of 23 California, which bonds shall mature a maximum of and not to exceed 24 NINETEEN (19) YEARS from the second day of September next succeeding 25 twelve (12) months from their date. The provisions of Part 11.1 of said 26 Act, providing an alternative procedure for the advance payment of assess- 27 ments and the calling of bonds shall apply. 28 04-15-92 4 RESOLUTIO~ DEC~ARING INTENTION TO ORDER MENTS IN A PROPOSED ASSESSMENT DISTRICT INSTALLATION OF.C~RTAJN IMPROV- -- AD 1003 1 The principal amount of the bonds maturing each year 2 3 shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in 4 each year, plus the amount of interest payable in that year, will be 5 generally an aggregate amount that is equal each year, except for the 6 first year's adjustment, 7 8 Pursuant to the provisions of the streets and High- ways Code of the state of California, specifically Section 10603, the 9 Treasurer is hereby designated as the officer to collect and receive the 10 assessments during the cash collection period. Said bonds further shall 11 be serviced by the Treasurer or designated Paying Agent, 12 Refunding 13 Any bonds issued pursuant to these proceedings and 14 Division (a) may be refunded, (b) the interest rate on said bonds shall 15 not exceed the maximum interest rate as authorized for these proceedings, 16 and the number of years to maturity shall not exceed the maximum number as 17 authorized for these bonds unless a public hearing is expressly held as 18 authorized pursuant to said Division 11.5, and (c) any adjustments in 19 assessments resulting from any refundings will be done on a pro-rata 20 basis. 21 Any authorized refunding shall be pursuant to the 22 above conditions, and pursuant to the provisions and restrictions of 23 Division 11.5 of the Streets and Highways Code of the State of California, 24 commencing with Section 9500, and all further conditions shall be set 25 forth in the Bond Indenture to be approved prior to any issuance of bonds. 26 27 28 04-15-92 5 RESOLUTIOK DEC~ARING INTENTION TO ORDER INSTALLATION OF CERTAIN IMPROV- MENTS IN A PROPOSED ASSESSMENT DISTRICT --- AD 1003 1 "MUNICIPAL IMPROVEMENT ACT OF 1913" 2 SECTION 5. That except as herein otherwise provided for the 3 issuance of bonds, all of said improvements shall be made and ordered 4 pursuant to the provisions of the "Municipal Improvement Act of 1913", 5 being Division 12 of the Streets and Highways Code of the State of 6 California. 7 SURPLUS FUNDS 8 SECTION 6. That if any excess shall be realized from the assess- 9 meot, it shall be used, in such amounts as the legislative body may deter- 10 mine, in accordance with the provisions of law for one or more of the 11 following purposes: 12 A. Transfer to the general fund; provided that the 13 amount of any such transfer shall not exceed the lesser of One Thousand 14 Dollars ($1,000.00) or five percent (5%) of the total from the Improvement 15 Fund; 16 B. As a credit upon the assessment and any supple- 17 mental assessment; 18 c. For the maintenance of the improvement; or 19 D. To call bonds. 20 SPECIAL FUND 21 SECTION 7. The legislative body hereby establishes a special 22 improvement fund identified and designated by the name of this Assessment 23 District, and into said Fund monies may be transferred at any time to 24 expedite the making of the improvements herein authorized, and any such 25 advancement of funds is a loan and shall be repaid out of the proceeds of 26 the sale of bonds as authorized by law. 27 28 04-15-92 6 RESOLUTION DEC~ARING INTEKTION TO ORDER INSTALLATIOK OF CERTAIN IMPROV- MENTS IN A PROPOSED ASSESSMENT, DISTRICT --- AD 1003 1 PRIVATE CONTRACT 2 3 SECTION 8. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the 4 installation of the improvements, and that, as authorized by law, no 5 notice of award of contract shall be published. 6 GRADES 7 SECTION 9. That notice is hereby given that the grade to which 8 the work shall be done is to be shown on the plans and profiles therefor, 9 which grade may vary from the existing grades. The work herein 10 contemplated shall be done to the grades as indicated on the plans and 11 specifications, to which reference is made for a description of the grade 12 at which the work is to be done. Any objections or protests to the 13 proposed grade shall be made at the public hearing to be conducted under 14 these proceedings. 15 PROCEEDINGS INQUIRIES 16 SECTION 10. For any and all information relating to these 17 proceedings, including information relating to protest procedure, your 18 attention is directed to the person designated below: 19 ROGER HARDGRAVE, PUBLIC WORKS DIRECTOR CITY OF SAN BERNARDINO 300 NORTH "0" STREET SAN BERNARDINO, CA 92418 TELEPHONE: (714) 384-5111 20 21 22 PUBLIC PROPERTY 23 SECTION 11. All public property in the use and performance of a 24 public function shall be omitted from assessment in these proceedings 25 unless expressly provided and listed herein. 26 27 28 04-15-92 7 " RESOLUTIO~ DECLARING INTENTIOK TO ORDER INSTALLATION OF CERTAIN IMPROV- MENTS IN A PROPOSED ASSESSMENT DISTRICT --- AD 1003 1 NO CITY LIABILITY 2 SECTION 12. This legislative body hereby further declares not 3 to obligate itself to advance available funds from the Treasury to cure 4 5 any deficiency which may occur in the bond redemption fund. This determi- nation is made pursuant to the authority of Section 8769(b) of the Streets 6 and Highways Code of the State of California, and said determination shall 7 8 further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act 0 f 1915". 9 PETITION 10 SECTION 13. That a petition signed by property owners represent- 11 ing more than 60% in area of the property subject to assessment for said 12 improvement has been signed and filed with the legislative body, and no 13 further proceedings or actions will be required under Division 4 of the 14 Streets and Highways Code of the State of California, the "Special Assess- 15 ment Investigation, Limitation and Majority Protest Act of 1931". 16 WORK ON PRIVATE PROPERTY 17 SECTION 14. It is hereby further determined to be in the best 18 public interest and convenience and more economical to do certain work on 19 private property to eliminate any disparity in level or size between the 20 improvements and the private property. The actual cost of such work is to 21 be added to the assessment on the lot on which the work is done, and no 22 work of this nature is to be performed until the written consent of the 23 property owner is first obtained. 24 ANNUAL ADMINISTRATIVE ASSESSMENT 25 SECTION 15. It is hereby declared that this legislative body 26 proposes to levy an annual assessment pursuant to Section 10204 of the 27 streets and Highways Code of the State of California, said annual assess- 28 ment to pay costs incurred by the City and not otherwise reimbursed which 04-15-92 8 RESOLUTION DECLARING INTENTION TO ORDER INSTALLATION OF CERTAIN IMPROV- MENTS IN A PROPOSED ASSESSMENT DISTRICT --- AD 1003 1 2 result from the administration and collection of assessments or from the 3 administration or registration of any associated bonds and reserve of other related funds. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted 6 regular by the Mayor and Common Council of the City of San Bernardino at a May meeting thereof, held on the 7 8 1992, by the following vote, to wit: Council Members: AYES ESTRADA X REILLY X HERNANDEZ X MAUDSLEY X MINOR X POPE-LUDLAM X MILLER X 9 10 11 12 13 14 15 16 17 18 19 20 4th day of NAYS ABSENT ABSTAIN ~~~7 City Clerk 6th May The foregoing resolution is hereby approved this - 21 , 1992. 22 23 24 25 day of w. R: HOLCOl113, Mayo City of San'Bernardino Approved as to form and legal content: 26 JAMES F. PENMAN 27 City Attorney 28 f. 9