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RESOLUTION NO.
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" FOR ASSESSMENT
4 DISTRICT 977A
WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO,
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CALIFORNIA, did, on the 22nd day of January, 1990, adopt its
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Resolution of Intention for the acquisition of certain public
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works of improvement, together with appurtenances and appurte-
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nant work, in a special assessment district known and designated
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as ASSESSMENT DISTRICT NO. 97711. (hereinafter referred to as the
"Assessment District"); and,
WHEREAS, this legislative body is further desirous to
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accept the works of improvement as installed and subject to
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acquisition under these proceedings; and,
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WHEREAS, pursuant to said Resolution of Intention, a
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"Report", as therein provided, was presented, considered and
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approved; and,
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said "Report", as preliminarily approved,
WHEREAS,
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contained all the matters and items called for by law and as
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pursuant to the provisions of the "Municipal Improvement Act of
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1913", being Division 12 of the streets and Highways Code of the
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State of California, including the following:
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1. Estimate of cost;
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2. Diagram of Assessment District;
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3. An assessment according to benefits;
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4. A description of the works of improvement to be
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acquired; and,
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RESOLUTION CONFIRMING ASSL aMENT
WHEREAS, all protests have been heard and considered and a
full hearing has been given, all in the manner provided by law;
and,
WHEREAS, notices of said hearing were duly and regularly
posted, mailed and published in the time, form and manner
required by law and as evidenced by affidavits on file with the
transcript of these proceedings; and,
WHEREAS, the owners of one-half (1/2) of the area assessed
for the cost of the project did not file written protests
against the said proposed acquisition and this after providing a
full hearing, all protests and objections were overruled and
denied; and,
WHEREAS, this legislative body is now satisfied with the
assessment and all matters contained in the "Report" as now
updated and submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
RECITALS
SECTION 1.
The above recitals are all true and correct.
SECTION 2.
PROTESTS
All protests and object.ions of every kind and
nature be, and the same hereby are, overruled and denied, and it
is further determined that said protests and objections are made
by the owners of less than one-half of the area of property to
be assessed for said acquisition of improvements within said
Assessment District.
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RESOLUTION CONFIRMING Ar~ESSMENT
SECTION 3. It
BENEFITS RECEIVED
is hereby determined that
of the Assessment District
all properties
receive a local
within the boundaries
and direct benefit from the acquisition of the works of improve-
ment as proposed for said Assessment District, and it is hereby
further determined and declared that all assessable costs and
expenses have been apportioned and spread over the properties
within the boundaries of the Assessment District in direct
proportion to the benefits received thereby.
PUBLIC INTEREST AND CONVENIENCE
SECTION 4.
The public interest and convenience require the
proposed acquisition be made, and therefore it is hereby ordered
that the work to be acquired, together with appurtenances and
appurtenant work in connection therewith, including acquisition
of easements where appropriate, in said Assessment District, as
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as set forth in the "Report" presented and considered, and as
now submitted.
CONFIRMATION OF ASSESSMENT
SECTION 5.
The "Report", as now updated and submitted,
consisting of the assessment and diagram for the acquisition,
together with appurtenances and appurtenant work in connection
therewith, including acquisition of easements where appropriate,
is hereby confirmed.
The
assessments
contained in the final
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RE 'LUTION CONFIRMING ASSESSW T
A. The final assessments to represent the
costs and expenses to finance the acquisition of the public
works of improvement, as authorized for these proceedings.
B. The annual assessment to pay for administra-
tive
costs
in
amount not to exceed the maximum annual assess-
an
ment as set forth in said "Report".
RECORDATION OF ASSESSMENT
SECTION 6. The City Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment, together with the
diagram attached thereto and made a part thereof, as confirmed,
with his certificate of such confirmation attached and the date
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thereof; and that said Superintendent of Streets shall then
immediately record said diagram and assessment in his Office in
a suitable book to be kept for that purpose and attach thereto
his certificate of the date of such recording.
COUNTY RECORDER NOTICE
18 SECTION 7. Upon confirmation of the assessments and
19 recordation of the assessment roll and diagram, a certified copy
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of the assessment diagram shall be immediately filed in the
Office of the county Recorder.
Immediately thereafter, a copy
of the notice of assessment shall be recorded in the Office of
the county Recorder in the manner and form as set forth by law
and specifically Section 3114 of the Streets and High\olays Code
of the State of California.
MAILED NOTICE
SECTION 8.
Said Superintendent of Streets, upon the record-
28 i n g 0 f s aid d i a g r am and ass e ssm e nt, s h a 11 m ail toe a c how n e r 0 f
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RESOLUTION CONFIRMING ASSESSMENT
real property within the Assessment District at his last known
address, as the same appears on the tax rolls of the County or
on file in the Office of the City Clerk, or to both addresses if
said address 'is not the same, or to General Delivery when no
address so appears, a statement containing a designation by
street number or other description of the property assessed
sufficient to enable the owner to identify the same, the amount
of the assessment, the time and place of payment thereof, the
effect of failure to pay within such time, and a statement of
the fact that bonds will be issued on unpaid assessments
pursuant to the "Improvement Bond Act of 1915".
PUBLICATION
SECTION 9.
Said Superintendent of Streets shall also give
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notice by publishing a copy of a notice of recording of assess-
ment in the newspaper previously selected to publish all notices
as provided by law, giving notice that said assessment has been
recorded in his Of f ice, and that all sums assessed thereon are
due and payable immediately, and that the payment of said sume
is to be made within thirty (30) days after the date of record-
ing the assessment, which date shall be so stated in saie
notice, and of the fact that securities will be issued upor
unpaid assessments.
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ASSESSMENT COLLECTION
SECTION 10. The
County
Auditor is hereby
authorized
and
Section 8682
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directed, in accordance
with
the provisions of
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r 'OLUTION CONFIRMING ASSESS
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become due, opposite each lot or parcel of land affected, in a
space marked "public improvement assessment" or by other suit-
able designation, the next and several installments of such
assessment coming due during the ensuing fiscal year covered by
the assessment roll and that said entry then shall be made each
year during the life of the bonds for the proceedings for the
above-referenced Assessment District.
This authorization is
continual until all assessment obligations have been discharged
and the bonds terminated.
As an alternate, and when determined to be in
the best interests for bondholders of the Assessment District,
this legislative body may, by Resolution, designate an official
other than the County Tax Collector and/or other agent, to
collect and maintain records of the collection of the assess-
ments, including a procedure other than the normal property tax
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SECTION 11.
In accordance with the provisions of section
8685 of the streets and Highways Code, if any lot or parcel of
land affected by any assessment is not separately assessed on
the tax roll so that the installment of the assessment to be
collected can be conveniently entered thereon, then the Auditor
shall enter on the roll a description of the lot or parcel
affected, with the name of the owners, if known, but otherwise
the owners may be described as "unknown owners", and extend the
proper installment opposite the same.
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RESOLUTION CONFIRMING ASSESSMENT
ASSESSMENT VERIFICATION STATEMENT
SECTION 12.
The County Auditor shall, within 90 days after
any special assessment installment becomes delinquent, render
and submit a detailed report showing the amounts of the install-
ments, interest, penalties and percentages so collected, for the
preceding term and installment date, and from what property
collected, and further identify any properties which are delin-
quent and the amount and length of time for said delinquency,
and further set forth a statement of percentages retained for
the expenses of making such collections.
This request is speci-
fically made to the authorization of Section 8683 of the Streets
and Highways Code of the State of California.
ASSESSMENT DISTRICT FUNDS
SECTION 13.
The Treasurer is hereby authorized at this
time, if not previously done, to establish the following funds
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tration of the proceedings for this Assessment District:
A.
IMPROVEMENT FUND:
All monies received
from cash collection, proceeds from the sale of bonds and
applicable contributions shall be placed into the Improvement
Fund.
B.
RESERVE FUND:
All monies as designated to
assist in the payment of delinquencies shall be placed into the
Reserve Fund.
C.
REDEMPTION FUND:
All monies received from
the payment of assessments shall be placed in the Redemption
Fund.
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RESOLUTIUi~ \....Ul~.r l.N.'u."'" r>.:>;:),L;:).:H'.....'.
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For particulars as to the administration and
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handling of the Funds, the specific terms and conditions shall
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be set forth in the Bond Indenture and approved through the
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Resolution Authorizing the Issuance of Bonds.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held
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on the
day of
1990, by the
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following vote, to wit:
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AYES: Council Members
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NOES:
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ABSENT:
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City Clerk
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is hereby approved this
1990.
The foregoing resolution
day of
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W. R. Holcomb, Mayor
City of San Bernardino
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Approved as to form and legal content:
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James F. Penman
City Attorney
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By:,Mvvu.!.'
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