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CITY OF SAN BERNADINO - REQUEST F& F~o~N~i~-~CTION-
ROGER G. HARDGRAVE, Director
Subject:
10: 00 A.~;. Protest Hearing and
Res. Accept. Improvement, Res.
Confirm Assmt. (A.D. 977B Cajon
& June Acquisition Distr.
Fe
Dept:
Public ~orks/Engineering
Date: February 18, 1991
Synopsis of Previous Council action:
5-15-89 Authorization to proceed given to City Engineer & Clerk.
8-7-89 Resolutions apprv. Bond Counsel, Underwriter and Assmt. Engr. adopted.
1-23-91 Resolutions making appointments, adopting boundary map, declaring intention,
passing on Report and setting hearing adopted.
Recommended motion:
1. That the protests, if any, be overruled, the hearing be closed, and find and
~ determine that the public convenience and necessity require the acquisition of certain
~ improvements in the area of Cajon and June street area in the City of San Bernardino.
2. Adopt Resolutions.
cc: Shauna Edwins, City Administrator
Andrew Green, Director of Finance
Jim Penman, City Attorney
Contact person:
Verne Nadeau
Phone:
384-5026
Staff Report, Map
Supporting data attached:
Ward:
6
FUNDING REQUIREMENTS:
Amount:
$1,015,000.00
Source: (Acct. No,)
251-651-53925
Acct. Descri tion
Funded through Sale of Bonds.
Assess. Distr.
Finance:
_il Notes:
75.0262
Agenda Item No.
~'I
CITY OF SAN BERN~INO - REQUEST FcA COUNCIL ACTION
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75.0264
STAFF REPORT
Hear protests, if any, and adopt Resolution Accepting the Works of
Improvement and approving "as-built" Certificate and Resolution Conforming
the Assessment, Ordering the Acquisition made, together with appurtenances
and Approving the Engineer's 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 subdivision improvements to be constructed within City subdivision
Tracts 14184 and 14185.
Subsequent
assessment
follows:
thereto, the property owners were noticed as to their
in the manner as required by law and notice has been
estimated
given as
MAILING
PUBLICATION
POSTING OF STREETS
FILING MAP IN THE OFFICE OF THE COUNTY RECORDER
Adoption of the attached Resolutions will formally accept the works of
improvement, authorize their acquisition and confirm assessments in this
Assessment District. This action will impose liens on the property to
represent their estimated individual assessments. The next action in
proceeding will be the Resolutions taking formal action authorizing the sale
of bonds and accepting the purchase agreement.
We therefore recommend that the Resolutions be adopted.
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1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF
WORK~ OF IMPROVEMENT AND APPROVING
SAN BERNARDINO ACCEPTING
"AS-BUILT" CERTIFICATE
THE
3
4
WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO,
5 CALI FORNIA, has instituted proceedings pursuant to the provi-
6 sions of the "Municipal Improvement Act of 1913", being Division
7 12 of the Streets and Highways Code of the State of California,
8 for the construction and/or acquisition of certain public works
9 of improvement, together with appurtenances and appurtenant
10 work. ill a special assessment district known and designated as
11 ASSE~SMENT DISTRICT NO. 977B (hereinafter referred to as the
12 "Assessment District1'); and,
13
14
15
WHEREAS, this legislative body did previously enter into an
agreement with the Property Owner, whereby certain public facili-
ties would be installed by Property Owner, and upon their comple-
16 ticn and installation, said improvements would be financed and
17 purchased by this legislative body by issuance of bonds pursuant
18 to the provisions of the "Improvement Bond Act of 1915", being
19 Division 10 of said Code; and,
20
WHEREAS, at this time, the works of improvements (the
21 subject matter generally of the Purchase Agreement) have been
22 completed, and said improvements are all installed in place, and
23 this legislative body is desirous to proceed to accept the works
24 of improvement and approve the submitted "As-Built" Certificate.
25
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
26 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
27
The above recitals are all true and correct.
SECTION 1.
28
SECTION 2.
The "AS-BUILT" CERTIFICATE, as set forth in the
2/13/91
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~ESOLUTION ACCEPTING WORKS~F IMPROVEMENT
"'OR ASSESSMENT DISTRICT N~977B
1
2
final Engineer's "Report",. is hereby approved, and said Certifi-
3
cate sets forth the prices and quantities to be paid for certain
4
of the works of improvement to be financed and purchased by this
5
legislative body under these Assessment District proceedings.
6
SECTION 3.
The works of improvement as set forth in the
7
referenced Certificate are hereby accepted by this legislative
8
body.
9
I HEREBY CERTIFY that the foregoing resolution was duly
10 adoptec1 by the Mayor and Common council of the city of San
11
meeting thereof, held
Bernardino at a
12
on the
day of
1991, by the
13 following vote, to wit:
14
Council Members:
~
NAYS
ABSTAIN
15
ESTRADA
16
REILLY
17
FLORES
18
MAUDSLEY
19
MINOR
20
POPE-LUDLAM
21
MILLER
22
City Clerk
23
The foregoing resolution is hereby approved this
24
day of
1991.
25
26
W. R. Holcomb, Mayor
City of San Bernardino
27
Approved as to form and legal content:
28
James F. Penman
CitY~AttorneY
By: .__ ._~'LI
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1
RESOLUTION NO.
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
"Assessment District"); and,
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
said "Report", as preliminarily approved,
WHEREAS,
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 tbe 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
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2/13/91
28
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CONFIRMING ASSESSMENTS
DISTRICT NO. 977B
FOR
1
RESOLUTION
ASSESSMENT
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
posted I mailed and published in the time, form and manner
7
required 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 full hearing, all protests and objections were overruled and
13 denied; and,
14
WHEREAS, this legislative body is now satisfied with the
15
assessment and all matters contained in the "Report" as now
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
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CONFIRMI~ASSESSMENTS
DISTRICT NO. 977b
FOR
RESOLUTION
ASSESSMENT
1
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
expellses have been apportioned and spread over the properties
9
within the boundaries of the Assessment District in direct
prop0rtion to the benefits received thereby.
PUBLIC INTEREST AND CONVENIENCE
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 easements where appropriate, in said Assessment District, 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 / /
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RESOLUTION CON~ING ASSESSMENTS FOR
ASSESSMENT DIS~CT NO. 977B
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".
RECORDATION OF ASSESSMENT
8
9
SECTION 6.
The city clerk shall forthwith deliver to the
10 Superinlendent 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
15
immediately record said diagram and assessment in his Office in
a suitaiJle 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 t he 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 Off ice 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
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RESOLUTION CONF~ING ASSESSMENTS FOR
ASSESSMENT DIST~CT NO. 977B
1
2
real property within the -Assessment District at his last known
3
address, 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
addres s 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
effect uf failure to pay within such time, and a statement of
the fact that bonds will be issued on unpaid assessments
12 pursuant to the "ImprOvement Bond Act of 1915".
PUBLICATION
13
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
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RESOLUTION CONFI.NG ASSESSMENTS FOR
ASSESSMENT DISTR 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
and the ]Jonds terminated.
11
As an alternate, and when determined to be in
12
the bes1- interests for bondholders of the Assessment District,
13
this legislative 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 af fected 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 shall 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 1/
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RESOLUTION CON4IlMING ASSESSMENTS FOR
ASSESSMENT DIS~ICT 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 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.
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 in 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
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RESOLUTION CONFI~G ASSESSMENTS FOR
ASSESSMENT DISTRI~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, j ntareet, 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 lurlher 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.
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 in the payment of delinquencies shall be placed into the
24 Rese"ve Fund.
25
C.
REDEMPTION FUND:
All monies received from
26 the payment of assessments shall be placed in the Redemption
27
Fund.
28
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RESOLUTION CONFIRM~ ASSESSMENTS FOR
ASSESSMENT DISTRIC~O. 977B
1
2
For particulars as to the administration and
3
handlin~ 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 a
meeting thereof, held
9
on the
day of
1991, by the
following vote, to wit:
11
Council Members:
AYES
NAYS
ABSTAIN
12
ESTRADA
13
REILLY
14
FLORES
15
MAUDSLEY
16
MINOR
17
POPE-LUDLAM
18
MILLER
19
City Clerk
20
21
The foregoing resolution is hereby approved this
22 day of
1991.
23
24
w. R. Holcomb, Mayor
City of San Bernardino
25
Approved as to form and legal content:
26
James F. Penman
27 city Attorney
28 ,,~P.-...;