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HomeMy WebLinkAbout1990-031 .,J. RESOLUTION NO. 90 31 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE THAT: SECTION 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), to order the acquisition of certain public improvements, together with appur- tenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 977A (herein- after referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS SECTION 2. The improvements to be acquired and financed under these proceedings are generally described as the acquisi- tion and/or construction of certain street improvements, storm drains, sewer improvements and water improvements, together with appurtenances and appurtenant work, to serve and benefit proper- ties located within the boundaries of the Assessment District. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 3. That said improvements and work to be acquired are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work, improvements and acquisition chargeable II 12/26/89 . " 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 RESOLUTION OF INTENTION, ASSESSMENT DISTRICT NO. 9771i. upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said acquisition in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 977A", and which map was heretofore approved and which said or diagram is on file with the transcript of these proceedings, EXCEPTING therefrom the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proposed boundary map on file shall govern. REPORT OF ENGINEER SECTION 4. That this proposed acquisition is hereby referred to GFB-FRIEDRICH & ASSOCIATES, INC., the duly appointed Assessment Engineer, who is hereby directed to make and file the report in writing containing the following: 12/26/89 , RESOLUTION OF INTENTION, ASSESSMENT DISTRICT NO:- 977 A 1 2 3 4 A. Plans of the "as-built" improvements to be acquired; 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 separate 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 sati- 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. 12/26/89 I 1 2 3 RESOLUTICDNi.'rOF INTENT ION, ASSESSMENT DISTRICT NO. 977 A BONDS SECTION 5. Notice is hereby given that bonds to represent 4 the unpaid assessments, and bear interest at the rate of not to 5 exceed the current legal maximum rate of 12% per annum, will be 6 issued hereunder in the manner provided in the "Improvement Bond 7 Act of 1915", being Division 10 of the streets and Highways Code 8 of the state of California, which bonds shall mature a maximum 9 of and not to exceed NINETEEN (19) YEARS from the second day of 10 September next succeeding twelve (12) months from their date. 11 The provisions of Part 11.1 of said Act, providing an alterna- 12 tive procedure for the advance payment of assessments and the 13 calling of bonds shall apply. 14 i' The principal amount of the bonds maturing each 15 year shall be other than an amount equal to an even annual 16 proportion of the aggregate principal of the bonds, and the 17 amount of principal maturing in each year, plus the amount of 18 interest payable in that year, will be generally an aggregate 19 amount that is equal each year, except for the first year's 20 adjustment. 21 Pursuant to the provisions of the Streets and 22 Highways Code of the State of California, specifically Section 23 10603, the Treasurer is hereby designated as the officer to 24 collect and receive the assessments during the cash collection 25 period. Said bonds further shall be serviced by the Treasurer 26 or designated Paying Agent. 27 "MUNICIPAL IMPROVEMENT ACT OF 1913" 28 SECTION 6. That except as herein otherwise provided for 12/26/89 . . RESOLUTION OF INTENTION, ASSESSMENT DISTRICT NO. 977A 1 2 the issuance of bonds, all of said improvements shall be made 3 and ordered pursuant to the provisions of the "Municipal 4 Improvement Act of 1913", being Division 12 of the Streets and 5 6 7 8 9 10 11 Highways Code of the state of California. SURPLUS FUNDS SECTION 7. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that 12 the amount of any such transfer shall not exceed the lesser of 13 One Thousand Dollars ($1,000.00) or five percent (5%) of the 14 total from the Improvement Fund; 15 16 17 18 19 B. As credit any the and assessment a upon supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 8. The legislative body hereby establishes a 20 special IMPROVEMENT FUND identified and designated by the name 21 of this Assessment District, and into said Fund monies may be 22 transferred at any time to expedite the making of the acquisi- 23 tion herein authorized, and any such advancement of funds is a 24 loan and shall be repaid out of the proceeds of the sale of 25 bonds as authorized by law. 26 27 PROCEEDINGS INQUIRIES SECTION 9. For any and all information relating to these 28 proceedings, including information relating to protest proce- dure, your attention is directed to the person designated below: 12/26/89 , 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 RESOLUTION OF INTENTION, ASSESSMENT DISTRICT NO. 977A VERNE NADEAU, REAL PROPERTY SUPERVISOR CITY OF SAN BERNARDINO 300 NORTH "0" STREET SAN BERNARDINO, CA 92418 TELEPHONE: (714) 384-5111 PUBLIC PROPERTY SECTION 10. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION SECTION 11. That the public interest and convenience and the statute authorizes the acquisition of those improvements as described in this Resolution, and said improvements are in exis- tence and have been installed in place prior to the date of adoption of this Resolution. For a general description of the works of improvement, reference is made to the previously approved Acquisition/Financing Agreement, as approved by this legislative body, a copy of which is on file with the transcript of these proceedings. NO CITY LIABILITY SECTION 12. It is hereby further determined and declared that the City will not obligate itself to advance any available funds from the Treasury to cure any deficiency or delinquency which may occur in the bond redemption fund by failure of property owners to pay annual special assessments. This determi- nation shall be clearly set forth and stated in the title of the bonds to be issued pursuant to these proceedings as authorized and required by Section 8769 of the Streets and Highways Code of the State of California. 12/26/89 . 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 RESOLUTION OF INTENTION, ASSESSMENT DISTRICT NO. 977A' PETITION SECTION 13. That a petition signed by property owners representing more than 60% in area of the property subject to assessment for said improvement has been signed and f lled with the legislative body, and said written petition expressly contains a waiver of any of the proceedings and limitations as set forth under Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 14. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the adminis- tration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related funds. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an -'lr1jnllrnpn rpgl11;:.,r meeting thereof, held on the 22nd day of January 1990, by the following vote, to wit: II II II 12/26/89 ,. . 10 11 12 13 14 15 16 17 RESOLUTION OF INTENTION, ASSESSMENT DISTRICT NO. 977~ 1 Estrada, Reilly, Flores, Maudsley, AYES: Council Members Miller 2 3 4 NOES: None Council Members Minor, Pope-Ludlam ~~~ /' City Clerk The foregoing resolution is hereby approved this o?7rL day of January 1990. 19 James F. Penman City Attorney 5 ABSENT: 6 7 8 9 L 7 18 Approved as to form and legal content: 20 21 By: 22 23 24 25 26 27 28 12/26/89 )- ~...r,-{...~.