HomeMy WebLinkAbout1991-021
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RESOLUTION NO.
91-21
2
RESOLUTION OF THE C.ITY OF SAN BERNARDINO DECLARING INTEN-
3 T I ON TO ORDE R THE ACQU IS I T I ON OF CERTAI N IMPROVEMENTS IN A
PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE
4 THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING
5 FOR THE ISSUANCE OF BONDS
6
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
7 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1.
The public interest and convenience require,
9 and it is the intention of this body, pursuant to the provisions
10 of Division 12 of the streets and Highways Code of the State of
11 California (the "Municipal Improvement Act 1913"). to order the
12 acquisition of certain public improvements, together with appur-
13 tenances and appurtenant work, in a special assessment district
14 known and designated as ASSESSMENT DISTRICT NO. 977B (herein-
15 after referred to as the "Assessment District").
16
DESCRIPTION OF IMPROVEMENTS
17
The improvements to be acquired and financed
18 under these proceedings are generally described as street
19 improvements, including paving, curb and gutter, street lights,
20 storm drain improvements, sewer and water improvements, together
21 with appurtenances and appurtenant work, to serve and benefit
22 properties located wihtin the boundaries of the Assessment
23 District.
24 DESCRIPTION OF ASSESSMENT DISTRICT
25
SECTION 2.
That said improvements and work to be acquired
26 are of direct benefit to the properties and land within the
27 Assessment District, and this legislative body hereby makes the
28 1/3/91
RESOLUTION OF INTENTION FOR
ASSESSMENT DISTRICT NO. 977B
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expenses of said work, impr,ovements and acquisition chargeable
2
upon a district, which sc;lid Assessment District is hereby
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declared to be the Assessment District benefited by said work
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and improvements and to be assessed to pay the costs and
5
expenses thereof, including incidental expenses and costs and
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which is described as follows:
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All that certain territory in the District
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included within the exterior boundary lines shown on the plat
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exhibiting the property affected or benefited by or to be
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assessed to pay the costs. and expenses of said
acquisition in
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the Assessment District,
said map titled and identified as
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"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 977B", and which
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map was heretofore approved anct which said map or diagram is on
14
file with the transcript of these proceedings, EXCEPTING there-
15
from the area shown within and delineated upon said map or plat
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hereinabove referred to, the area of all public streets, public
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avenues, public lanes, public roads, public drives, public
18
courts, public alleys, and all easements and rights-of-way
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therein contained belonging to the public.
For all particulars
20
as to the boundaries of the Assessment District, reference is
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hereby made to said boundary map heretofore previously approved
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and on file.
23
REPORT OF ENGINEER
24
SECTION 3.
That this proposed acquisition is hereby
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referred to GFB-FRIEDRICH & ASSOCIATES, INC., who is hereby
26
directed to make and file the report in writing containing the
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following:
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RESOLUTIONOF INTENTION FOR
ASSESSMENT DISTRICT NO. 977B
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A.
Plans of the "as-built" improvements to be
3
acquired;
4
B.
A final estimate of the cost of the acquisi-
5
tion of the "as-built" works of improvements;
6
c.
A diagram showing the Assessment District
7
above referred to, which shall also show the boundaries and
8
dimensions of the respective subdivisions of land within said
9
Assessment District, as the same existed at the time of the
10
passage of the Resolution 'of Intention, each of which subdivi-
11
sions shall be given a separat'e number upon said Diagram;
12
D.
A proposed assessment of the total amount
13
of the assessable costs and expenses of the proposed improvement
14
upon the several divisions of land in proportion to the est i-
15
mated benefits to be received by such subdivisions, respec-
16
tively, from said acquisition of improvements.
Said assessment
17
shall refer to such subdivisions upon said diagram by the respec-
18
tive numbers thereof;
19
E.
The description of the works of improvement
20
to be acquired under these proceedings.
21
When any portion or percentage of the cost and
22 expenses of the acquisition is to be paid from sources other
23 than assessments, the amount of such portion or percentage shall
24 first be deducted from the total estimated costs and expenses of
25 said acquisition, and said assessment shall include only the
26
remainder of the estimated costs and expenses.
Said assessment
27 shall refer to said subdivisions by their respective numbers as
28 assigned pursuant to Subsection D. of this Section.
RESOLUTION OF INTENTION 'FO~
ASSESSMENT DISTRICT NO. 977B
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BONDS
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SECTION 4.
Notice is ~ereby given that bonds to represent
3
the unpaid assessments, and bearing interest at the rate of not
4
to exceed the current legal maximum rate of 12% per annum, will
5
be issued hereunder in the manner provided in the "Improvement
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Bond Act of 1915", being Division 10 of the Streets and Highways
7
Code of the State of California, which bonds shall mature a
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maximum of and not to exceed NINETEEN (19) YEARS from the second
9
day of September next succeeding twelve (12) months from their
10
date.
The provisions of Part 11.1 of said Act, providing an
11
alternative procedure for the advance payment of assessments and
12
the calling of bonds shall apply.
13
The principal ~mount of the bonds maturing each
14
year shall be other than an amount equal to an even annual
15
proportion of the aggregate principal of the bonds, and the
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amount of principal maturing in each year, plus the amount of
17
interest payable in that year, will be generally an aggregate
18
amount that is equal each year, except for the first year's
19
adjustment.
20
Pursuant to the provisions of the streets and
21
Highways Code of the state of California, specifically Section
22
10603, the Treasurer is hereby designated as the officer to
23
collect and receive the assessments during the cash collection
24
period.
Said bonds further shall be serviced by the Treasurer
25
or designated Paying Agent.
26
II
27
II
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'P.,.".'.
RESOLUTION OF INTENTION FOR
ASSESSMENT DISTRICT NO. 977B
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2
"MUNICIPAL IMPROVEMENT ACT OF 1913"
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SECTION 5.
That excep.t as herein otherwise provided for
4
the issuance of bonds, all of said improvements shall be made
5
and ordered pursuant to the provisions of the "Municipal Improve-
6
ment Act of 1913", being Division 12 of the Streets and Highways
7
Code of the State of California.
8
SURPLUS FUNDS
9
SECTION 6.
That if any excess shall be realized from the
10
assessment, it shall be used, in such amounts as the legislative
11
body may determine, in accordance with the provisions of law for
12
one or more of the following purposes:
13
A.
Transfer to the general fund; provided that
14 the amount of any such transfer shall not exceed the lesser of
15
One Thousand Dollars ($1,000.00) or five percent (5%) of the
16
total from the Improvement Fund;
17
B.
As a credit upon the assessment and any
18 supplemental assessment; or
19
C.
For the maintenance of the improvement.
20
SPECIAL FUND
21
SECTION 7.
The legislative body hereby establishes a
22 special IMPROVEMENT FUND identified and designated by the name
23 of this Assessment District, and into said Fund monies may be
24 transferred at any time to expedite the making of the acquisi-
25 tion herein authorized, and any such advancement of funds is a
26 loan and shall be repaid out of the proceeds of the sale of
27 bonds as authorized by law.
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RESOLUTION OF INTENTION FOR
ASSESSMENT DISTRICT NO. 977B
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2
PROCEEDINGS INQUIRIES
SECTION 8.
For any and all information relating to these
3
4
proceedings, including information relating to protest proce-
5
dure, your attention is directed to the person designated below:
6
VERNE NADEAU, REAL PROPERTY SUPERVISOR
CITY OF SAN BERNARDINO
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
TELEPHONE, (714) 384-5026
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8
PUBLIC PROPERTY
9
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SECTION 9.
All public property in the use and performance
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of a public function shall be omitted from assessment in these
12
proceedings unless expressly provided and listed herein.
13
ACQUISITION
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SECTION 10.
That the public interest and convenience and
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the statute authorizes the acquisition of those improvements as
16
described in this Resolution, and said improvements are in exis-
17
tence and have been installed in place prior to the date of
18
adoption of this Resolution.
For a general description of the
19
works of improvement,
reference is made to the previously
20
approved Acquisition/Financing Agreement, as approved by this
21
legislative body, a copy of which is on file with the transcript
22
of these proceedings.
23
NO CITY LIABILITY
24
SECTION 11.
The legislative body further declares not to
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obligate itself to advance any available funds from the Treasury
26
to cure any deficiency or delinquency which may occur in the
27
bond redempt ion fund.
This determination is made pursuant to
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the authorization of Section 8769{b) of the Streets and Highways
.
'..:,,'"
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RESOLUTION OF INTENTION FOR
ASSESSMENT DISTRICT NO. 977B
1
2
Code of the state of California, and said determination shall
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further be set forth in the ~ext of the bonds issued pursuant to
4
the "Improvement Bond Act of 19l5".
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PETITION
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SECTION 12.
That a petition signed by property owners
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representing more than 60% in area of the property subject to
8
assessment for said improvement has been signed and filed with
9
the legislative body, and said written petition expressly
10
contains a waiver of any of the proceedings and limitations as
11
Bet forth under Division 4 of the streets and Highways Code of
12
the State of California, the lISpecial Assessment Investigation,
13
Limitation and Majority Protest Act of 1931".
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ANNUAL ADMINISTRATIVE ASSESSMENT
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SECTION 13.
It is hereby declared that this legislative
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body proposes to levy an annual assessment pursuant to Section
17
10204 of the Streets and Highways Code of the State of Califor-
18
nia, said annual assessment to pay costs incurred by the City
19
and not otherwise reimbursed which result from the administra-
20
tion and collection of assessments or from the administration or
21
registration of any associated bonds and reserve of other
22
related funds.
23
I HEREBY CERTIFY that the foregoing resolution was duly
24 adopted by the Mayor and Common Council of the City of San
25
Bernardino at a n ad'iourned regular
meeting thereof, held
26
on the
23rd
January
1991, by the
day of
27 following vote, to wit:
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".
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RESOLUTION OF INTENTION FOR
ASSESSMENT DISTRICT NO. 977B
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2
Council Members:
.AYES
NAYS
ABSTAIN ABSENT
3
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
.X
x
X
X
4
5
X
6
i(~~t~
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The foregoing resolution is hereby approved this
10
day of
January
, 1991,
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'Z-____.__
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Approved as to form and legal content:
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James F. Penman
City Attorney
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X
X
25th
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