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HomeMy WebLinkAbout1991-083 1 RESOLUTION NO. 91-83 2 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 3 ASSESSMENT, ORDERING THE ACQUISITION MADE, TOGETHER WITH APPURTE NANCES, AND APPROVING THE. ENGINEER'S "REPORT" 4 WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, 5 CALIFORNIA, did, on the 23rd day of January, 1991, adopt its 6 Resolution of Intention for the acquisition of certain public 7 works of improvement, together with appurtenances and appurte- 8 nant work, in a special assessment district known and designated 9 as ASSESSMENT DISTRICT NO. 977B (hereinafter referred to as the 10 "Assessment District"); and, 11 WHEREAS, this legislative body is further desirous to 12 accept the works of improvement as installed and subject to 13 acquisition under these proceedings; and, 14 WHEREAS, pursuant to said Resolution of Intention, a 15 "Report", as therein provided, was presented, considered and 16 approved; and, 17 WHEREAS, said "Report", as preliminarily approved, 18 contained all the matters and items called for by law and as 19 pursuant to the provisions of the "Municipal Improvement Act of 20 1913", being Division 12 of t-he streets and Highways Code of the 21 State of California, including the following: 22 1. Estimate of cost; 23 2. Diagram of Assessment District; 24 3. An assessment according to benefits; 25 4. A description of the works of improvement to be 26 acquired; and, 27 II 2/13/91 28 1 RESOLUTION CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 977B 2 WHEREAS, all protests have been heard and considered and a 3 full hearing has been given, all in the manner provided by law; 4 and, 5 WHEREAS, notices of said hearing were duly and regularly 6 postRd, mailed and published in the time, form and manner 7 requirerl by law and as evidenced by affidavits on file with the 8 transcript of these proceedings; and, 9 WHEREAS, the owners of one-half (1/2) of the area assessed 10 for the cost of the project did not file written protests 11 against the said proposed acquisition and this after providing a 12 fu 11 hearing, all protests and objections were overruled and 13 denied; and, 14 WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in the "Report" as now 15 16 updated and submitted. 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 18 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 19 RECITALS 20 SECTION 1. The above recitals are all true and correct. 21 PROTESTS 22 SECTION 2. All protests and objections of every kind and 23 nature be, and the same hereby are, overruled and denied, and it 24 is further determined that said protests and objections are made 25 by the owners of less than one-half of the area of property to 26 be assessed for said acquisition of improvements within said 27 Assessment District. 28 II 1 RESOLUTION CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 977b 2 BENEFITS RECEIVED 3 SECTION 3. It is hereby determined that all properties 4 within the boundaries of the Assessment District receive a local 5 and direct benefit from the acquisition of the works of improve- 6 ment as proposed for said Assessment District, and it is hereby 7 further determined and declared that all assessable costs and 8 expenses have been apportioned and spread over the properties 9 within the boundaries of the Assessment District in direct 10 proportion to the benefits received thereby. 11 PUBLIC INTEREST AND CONVENIENCE 12 SECTION 4. The public interest and convenience require the 13 proposed acquisition be made, and therefore it is hereby ordered 14 that the work be acquired, together with appurtenances and appur- 15 tenant work in connection therewith, including acquisition of 16 easelllen1~s where appropriate, in said Assessment District r as set 17 forth in the Resolution of Intention previously adopted and as 18 set forth in the "Report" presented and considered, and as now 19 submitted. 20 CONFIRMATION OF ASSESSMENT 21 SECTION 5. The "Report", as now updated and submitted, 22 consisting of the assessment and diagram for the acquisition, 23 togethel- with appurtenances and appurtenant work in connection 24 therewith, including acquisition of easements where appropriate, 25 is hereby confirmed. 26 The assessments contained in the final 27 Engineer's "Report" are hereby levied and approved as follows: 28 / / RESOLUTION CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 977B 1 2 A. The' final assessments to represent the 3 costs and expenses to finance the acquisition of the public 4 works of improvement, as authorized for these proceedings. 5 B. The annual assessment to pay for administra- 6 tive costs in an amount not to exceed the maximum annual assess- 7 ment as set forth in said "Report". 8 RECORDATION OF ASSESSMENT 9 SECTION 6. The City Clerk shall forthwith deliver to the 10 Supe~intendent of Streets the said assessment, together with the 11 diagram attached thereto and made a part thereof, as confirmed, 12 with his certificate of such confirmation attached and the date 13 thereof; and that said Superintendent of Streets shall then 14 immediately record said diagram and assessment in his Office in 15 a suitable book to be kept for that purpose and attach thereto 16 his certificate of the date of such recording. 17 COUNTY RECORDER NOTICE 18 SECTION 7. Upon confirmation of the assessments and 19 recordation of the assessment roll and diagram, a certified copy 20 of the assessment diagram shall be immediately filed in the 21 Office of the County Recorder. Immediately thereafter, a copy 22 of the notice of assessment shall be recorded in the Office of 23 the County Recorder in the manner and form as set forth by law 24 and specifically Section 3114 of the Streets and Highways Code 25 of the state of California. 26 MAILED NOTICE 27 SECTION 8. Said Superintendent of Streets, upon the record- 28 ing of said diagram and assessment, shall mail to each owner of RESOLUTION CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 977B 1 2 real pruperty within the 'Assessment District at his last known 3 address r as the same appears on the tax rolls of the County or 4 on file in the Office of the City Clerk, or to both addresses if 5 said address is not the same, or to General Delivery when no 6 address so appears, a statement containing a designation by 7 street number or other description of the property assessed 8 sufficient to enable the owner to identify the same, the amount 9 of the assessment, the time and place of payment thereof, the 10 effect uf failure to pay within such time, and a statement of 11 the fact that bonds will be issued on unpaid assessments 12 pursuant to the "Improvement Bond Act of 1915". 13 PUBLICATION 14 SECTION 9. Said Superintendent of streets shall also give 15 notice by publishing a copy of a notice of recording of assess- 16 ment in the newspaper previously selected to publish all notices 17 as provided by law, giving notice that said assessment has been 18 recorded in his Office, and that all sums assessed thereon are 19 due and payable immediately, and that the payment of said sums 20 is to be made within thirty (30) days after the date of record- 21 ing the assessment, which date shall be so stated in said 22 notice, and of the fact that securities will be issued upon 23 unpaid assessments. 24 ASSESSMENT COLLECTION 25 SECTION 10. The County Auditor is hereby authorized and 26 directed, in accordance with the provisions of Section 8682 of 27 the Streets and Highways Code of the State of California, to 28 enter into his assessment roll on which property taxes will next RESOLUTION CONFIRMING ASSE~SMENTS FOR ASSESSMENT DISTRICT NO. 977B 1 2 become clue, opposite each. lot or parcel of land affected, in a 3 space marked "public improvement assessment" or by other suit- 4 able designation, the next and several installments of such 5 assessment coming due during the ensuing fiscal year covered by 6 the assessment roll and that said entry then shall be made each 7 year during the life of the bonds for the proceedings for the 8 above-referenced Assessment District. This authorization is 9 continual until all assessment obligations have been discharged 10 and the bonds terminated. 11 As an alternate, and when determined to be in 12 the besi interests for bondholders of the Assessment District, 13 this le9islative body may, by Resolution, designate an official 14 other than the County Tax Collector and/or other agent, to 15 collect and maintain records of the collection of the assess- 16 ments, including a procedure other than the normal property tax 17 collection procedure. 18 SECTION 11. In accordance with the provisions of Section 19 8685 of the Streets and Highways Code, if any lot or parcel of 20 land affected by any assessment is not separately assessed on 21 the tax roll so that the installment of the assessment to be 22 collected can be conveniently entered thereon, then the Auditor 23 shal] enter on the roll a description of the lot or parcel 24 affected, with the name of the owners, if known, but otherwise the owners may be described as "unknown owners", and extend the 25 26 proper installment opposite the same. 27 / / 28 / / . RESOLUTION CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 977B 1 2 ASSESSMENT' VERIFICATION STATEMENT 3 SECTION 12. The County Auditor shall, within 90 days after 4 any special assessment installment becomes delinquent, render 5 and subnlit a detailed report showing the amounts of the install- 6 ments, interest, penalties and percentages so collected, for the 7 preceding term and installment date, and from what property 8 collected, and further identify any properties which are del in- 9 quent and the amount and length of time for said delinquency, 10 and fucther set forth a statement of percentages retained for 11 the expenses of making such collections. This request is speci- 12 fically made to the authorization of Section 8683 of the Streets 13 and Highways Code of the state of California. 14 ASSESSMENT DISTRICT FUNDS 15 SECTION 13. The Treasurer is hereby authorized at this 16 time, if not previously done, to establish the following funds 17 as necessary for the payment of costs and expenses and adminis- 18 tration of the proceedings for this Assessment District: 19 A. All monies received IMPROVEMENT FUND: 20 from cash collection, proceeds from the sale of bonds and applic- 21 able contributions shall be placed into the Improvement Fund. 22 B. All monies as designated to RESERVE FUND: 23 assist Ln the payment of delinquencies shall be placed into the 24 Reserve Fund. 25 C. All monies received from REDEMPTION FUND: 26 the payment of assessments shall be placed in the Redemption 27 Fund. 28 II . RESOLUTION CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 977B 1 2 ASSESSMENT VERIFICATION STATEMENT 3 SECTION 12. The County Auditor shall, within 90 days after 4 any special assessment installment becomes delinquent, render 5 and submit a detailed report showing the amounts of the install- 6 ments, interest, penalties and percentages so collected, for the 7 preceding term and installment date, and from what property 8 collected, and further identify any properties which are delin- 9 quent and the amount and length of time for said delinquency, 10 and further set forth a statement of percentages retained for 11 the expenses of making such collections. This request is spec i- 12 fically made to the authorization of Section 8683 of the Streets 13 and Highways Code of the State of California. 14 ASSESSMENT DISTRICT FUNDS 15 SECTION 13. The Treasurer is hereby authorized at this 16 time, if not previously done, to establish the following funds 17 as necessary for the payment of costs and expenses and adminis- 18 tration of the proceedings for this Assessment District: 19 A. IMPROVEMENT FUND: All monies received 20 from cash collection, proceeds from the sale of bonds and applic- 21 able contributions shall be placed into the Improvement Fund. 22 B. RESERVE FUND: All monies as designated to 23 assist j_n the payment of delinquencies shall be placed into the 24 Reserve Fund. 25 C. REDEMPTION FUND: All monies received from 26 the payment of assessments shall be placed in the Redemption 27 Fund_ 28 II - --. . RESOLUTION CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 977B 1 2 For particulars as to the administration and 3 handling of the Funds, the specific terms and conditions shall 4 be set forth in the Bond Indenture and approved through the 5 Resolution Authorizing the Issuance of Bonds. 6 I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor and Common Council of the City of San 8 Bernardino at an adiourned reqular meeting thereof, held 9 on the March 1991, by the 11th day of 10 following vote, to wit: 11 Council Members: ABSTAIN AYES NAYS 12 ESTRADA x 13 REILLY x 14 FLORES x 15 MAUDSLEY x 16 MINOR x 17 POPE-LUDLAM x 18 MILLER x 19 ,I ~ 14_~~~ty C rk ~ 20 21 The foregoing resolution is hereby approved this 13th 22 day of March 23 -, 24 25 Approved as to form and legal content: 26 27 James F. Penman city Attorney 28 BY~