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HomeMy WebLinkAbout12-Public Works CITY OF SAN BERt, .RDINO~EQUEST Fi;;C~;~CIL ACTION From: roGER G, HARDGRAVE, Director _ept: Public WOrks/Engineering Subject: Resolution of Intention and others, cajon & June Acquisition Assess, Distr, (AD 977) Date: January 3, 1990 8-7-89 Resolutions approving Bond Counsel, Underwriter and Assessment Engineer were adopted, , .......1 , '. , c.-, . ~- (~:; . ..~.... '- ::.':" :1: ..,., . c.':. "'r-; -, \ Synopsis of Previous Council action: 5-15-89 Authorization to proceed was given to the City Engineer and City Clerk to proceed, Recommended motion: Adopt the Resolutions as follows: cc: Resolution Making Findings on Petition Resolution Making Appointments Resolution Adopting Proposed Boundary Map Resolution of Intention Resolution Passing on "Report" and Setting Public Hearing, Marshall Julian, City Administrator ]A ~ James Penman. City Attorney -L ~ ~ James RichardSo~, Dept, ,City Adm, Dev, . ~(. ____- Andrew Green, F1nance D1rector ----------- ------- ----- Sign e ~ Contact person: Verne J, Nadeau Phone: 384-5026 6 Supporting data attached: Staff Report, Map Ward: FUNDING REQUIREMENTS: Amount: $741,000,00 Source: (Acct. No.) 251-651-53925 (Acct. Description) To be rerouped through assessrrents, Assess,District No, 977 'f) /2t ~' Finance: 'ouncil Notes: ./~/~ Agenda Item NO~ Ib CITY OF SAN BERW . ,RDINO - REQUEST r )R COUNCIL ACTION STAFF REPORT The Council did previously authorize the proceedings to go forward for the formation of a special assessment district to allow for the public financing of the subdivi- sion improvements to be constructed within City subdivision Tracts 14184 and 14185. At this time a petition has been submitted formally requesting the initiation of the proceedings and the attached Resolutions would formally allow the initiation of said proceedings, The developer has completed the construction of the first phase of the improvements and all documentation has been prepared to allow the initiation of the proceedings and the setting of the time and place for the public hearing, The public hearing is proposed to be held on March 5, 1990, Upon the conclusion of the public hearing, bonds can be sold and the property owner would then be reimbursed for those public improvements previously installed in these proceedings, At a subsequent time, a second subdistrict would then be formed for the balance of the subdivision improve- ment, and again similar documentation would be prepared through the preparation of the Engineer's "Report", The second public hearing would be held, bonds would then be sold and the developer again would be reimbursed for the remainder of the facilities, 1-03-90 75,0264 , , i , , i: :i . ~ ; . ~ . .. 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T S n ..:" ..::: t ~~}.#_/ "'I ----:::. -"..- _ ~." ~v'\ ~. il' :II \) ila "'-. 1 RESOLUTION NO. 2 3 RESOLUTION PETITION AND DISTRICT OF THE CITY OF SAN BERNARDINO MAKING FINDINGS ON APPROVING AGREEMENT IN A SPECIAL ASSESSMENT 4 WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, 5 CALIFORNIA, has been presented by certain property owners an 6 executed Petition requesting the construction of certain public 7 improvements, together with appurtenances and appurtenant work 8 in connect ion therewith, said improvements to be constructed 9 pursuant to the terms and provisions of the "Municipal Improve- 10 ment Act of 1913", being Division 12 of the Streets and Highways 11 Code of the State of California, in a special assessment 12 district known and designated as ASSESSMENT DISTRICT NO, 977 13 (CAJON AND JUNE AREA ACQUISITION DISTRICT); and, 14 WHEREAS, it is further authorized that in order to timely 15 construct the improvements, that the proceedings may be accom- 16 plished through subdistricts, with the first subdistrict to be 17 formed to the known and designated as ASSESSMENT DISTRICT NO. 18 977A (hereinafter referred to as the "Assessment District"), 19 WHEREAS, it has been reported that said Petition contains 20 the signatures of more than sixty percent (60%) of the property 21 owners of the assessable area of the property to be subj ect to 22 assessment for the proposed works of improvement, Said Petition 23 meets the requirements of Section 2804 of Division 4 of the 24 Streets and Highways Code of the State of California; and, 25 WHEREAS, an Acquisition/Financing Agreement executed by the 26 Property Owners relating to the construction and financing of 27 the improvements for this project has been submitted for 28 approval, 12/26/89 RESOLUTION MAKING FINDINGS ON PETITION, ASSESSMENT DISTRICT ,977 1 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 3 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 4 SECTION 1, That the above recitals are all true and 5 correct. 6 SECTION 2, That it is hereby found that said Petition has 7 been signed by owners owning land constituting more than sixty 8 percent (60%) of all assessable land within the boundaries of 9 the proposed Assessment District, 10 SECTION 3, That said Petition shall be filed with the 11 transcript of these proceedings and shall remain open to public 12 inspect ion, 13 SECTION 4, That said Petition meets the requirements of 14 Section 2804 of Division 4 of the Streets and Highways Code of 15 the State of California, and further proceedings and limitations 16 under the provisions of the "Special Assessment Investigation, 17 Limitation and Majority Protest Act of 1931" shall not be applic- 18 able to these proceedings, 19 SECTION 5, That the Acquisition/Financing Agreement relat- 20 ing to the construction and financing of the facilities is 21 hereby approved and authorized for execution, 22 SECTION 6, This legislative body further finds and deter- 23 mines, based on written evidence submitted, that the total 24 estimate amount of the proposed assessments will not exceed 25 seventy-five percent (75%) of the estimated fair market value of 26 the land proposed to be assessed after the proposed public 27 improvements shall have been constructed, 28 // 12/26/89 RESOLUTION MAKING FINDINGS ON PETITION, Af-~SSMENT DISTRICT NO, 977 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held 4 on the day of 1990, by the 5 following vote, to wit: 6 7 AYES: Council Members 8 9 NOES: 10 ABSENT: 11 12 13 14 City Clerk 15 16 17 The foregoing resolution is hereby approved this 18 day of 1989, 19 20 21 22 W, R. Holcomb, Mayor City of San Bernardino 23 Approved as to form and legal content: 24 James F, Penman 25 City Attorney 26 By: JL'LI'"'-. '1 o ? ii C"--vL~ 27 28 12/26/89