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HomeMy WebLinkAbout1984-551 . SAN BERNARD INO 54333-011-4 '. RESOLUTION NO. 84-551 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ACQUISITION AND INSTALLATION OF CERTAIN IMPROVEMENTS WITHIN A PORTION OF THE CITY DESIGNATED "ASSESSMENT DISTRICT NO. 961", DESCRIBING THE LOCATION OF THE IMPROVEMENTS, DESCRIBING THE AREA TO BE BENEFITED BY THE ACQUISITION AND INSTALLATION OF THE IMPROVEMENTS, DESCRIBING THE BONDS TO BE ISSUED TO REPRESENT UNPAID ASSESSMENTS, PROVIDING FOR THE DISPOSITION OF SURPLUS REMAINING IN THE IMPROVEMENT FUND, DIRECTING THE ENGINEER OF WORK TO PREPARE AND PRESENT HIS REPORT IN THE FORM AND MANNER DESCRIBED IN ORDINANCE NO. 3902 AND THE MUNICIPAL IMPROVEMENT ACT OF 1913, DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA, AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH (ASSESSMENT DISTRICT NO. 961) WHEREAS, the City of San Bernardino (the "City"), as an exercise of its municipal affairs powers, has enacted Ordinance No. 3902 relating to assessment bonds for public improvements in the City, and WHEREAS, the Mayor and Common Council have been presented with a petition requesting that, among other mat- ters, proceedings be taken under Ordinance No. 3902 and the 1 26-C2-JWB-402 12-4-84 (mt) SAN BERNARDINO 54333-011-4 Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "Code"), for (i) the acquisition of the improvements (the "Exhibit 1 Improvements") described in Exhibit 1 attached to this Reso- 1ution and incorporated in this Resolution by this reference and (ii) the construction, installation and acquisition of the improvements (the "Exhibit 2 Improvements") described in Exhibit 2 attached to this Resolution and incorporated in this Resolution by this reference, and, with respect to both of the foregoing items (i) and (ii), all necessary appur- tenances and appurtenant works within, and as necessary to provide access and services to, Assessment District No. 961 (defined below), including, without limitation, all engi- neering and design, appraisal, legal, accounting and finan- cia I consulting fees, land and right-of-way acquisition, interest during the construction period of the Exhibit 2 Improvements, reserve funds and expenses of financing Assessment District No. 961 and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto; and WHEREAS, said petition was signed by all of the owners of the land within Assessment District No. 961; and 2 26-C2-JWB-402 12-4-84 (mt) . . SAN BERNARDINO 54333-011-4 WHEREAS, "Assessment District No. 961" means and refers to the area of the City and County of San Bernardino described in Exhibit 3 attached to this Resolution and in- corporated in this Resolution by this response, the bound- aries of which are also specified and set forth on the map (the "Assessment District No. 961 Map") attached to this Resolution as Exhibit 3 and incorporated in this Resolution by this reference, which map is designated "Proposed Bound- aries of Assessment District No. 961". NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. That the recitals set forth above are true and correct. Section 2. That the public interest and conven- ience require, and it is the intention of the Mayor and Common Council to take, proceedings for the acquisition of the Exhibit 1 Improvements and the construction, installa- tion and acquisition of the Exhibit 2 Improvements and, with respect to both the acquisition of the Exhibit 1 Improve- 3 26-C2-JWB-402 12-4-84 (mt) , . . . SAN BERNARDINO 54333-011-4 ments and the construction, installation and acquisition of the Exhibit 2 Improvements, all necessary appurtenances and appurtenant works within, and as necessary to provide access and services to, Assessment District No. 961, including without limitation, all engineering and design, appraisal, legal, accounting and financial consulting fees, land and right-of-way acquisition, interest on the bonds during the construction period of the Exhibit 2 Improvements, reserve funds and expenses of financing Assessment District No. 961 and expenses of all proceedings for the authorization, issu- ance and sale of the bonds or related thereto. The Exhibit 1 Improvements, the Exhibit 2 Improvements and all such necessary appurtenances and appurtenant works shall be collectively referred to in this Resolution as the "Improve- ments". Section 3. That the Mayor and Common Council find that the Improvements will convey direct and special benefit to Assessment District No. 961. The Assessment District No. 961 Map, which is on file in the office of the City Clerk, indicates by a boundary line the extent of the terri- 4 26-C2-JWB-402 12-4-84 (mt) ',' SAN BERNARDINO 54333-011-4 tory included in Assessment District No. 961 and shall gov- ern for all details as to the extent of Assessment District No. 961. Section 4. That improvement bonds (the "Bonds") shall be issued pursuant to the provisions of Ordinance No. 3902 and the Improvement Bond Act of 1915, Division 10 of the Code, the Bonds to bear interest fixed at the time of sale of the Bonds but in no event greater than that allowed under the Constitution of the State of California for the Bonds, and the Bonds to mature on such date or dates and to contain such other terms and conditions as the Mayor and Common Council deem necessary or appropriate. The Mayor and Common Council shall also provide at the time of issuance of the Bonds, and shall make a covenant to that effect with the bondholders, that it will commence judicial foreclosure within 120 days of delinquency of any installment as to any lot or parcel of property assessed and as to which any installment of any unpaid assessments becomes delinquent. 5 26-C2-JWB-402 12-4-64 (mt) SAN BERNARDINO 54333-011-4 Section 5. It is proposed by the Mayor and Common Council that, in providing for advance payments of unpaid assessments, the City shall proceed in accordance with the provisions in Section 8760 ~~. of the Code. Section 6. That, in accordance with the provi- sions of Section 10427 of the Code, the Mayor and Common Council declare that any surplus remaining in the improve- ment fund to be established to pay the costs and expenses of the construction, installation and acquisition of the Im- provements following completion of such construction, in- stallation and acquisition shall be used, in such amounts as the Mayor and Common Council may determine, for one or more of the following purposes: (i) for transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of one thousand dollars ($1,000) or five percent (5%) of the total amount expended from such improvement fund, (ii) for the maintenance of the Improvements, or (iii) for transfer to the Bond redemption fund as will be hereinafter established, to be used for the payment, at or prior to maturity, of the Bonds, the interest thereon, and the prepayment penalty, if any. 6 26-C2-JWB-402 12-4-84 (mt) SAN BERNARD'INO 54333-011-4 Section 7. That, pursuant to the provisions of Sections 10109 through lOllI, inclusive, of the Code, the City is hereby authorized to enter into agreements as pre- scribed therein with each of the following entities: Southern California Edison Company, Southern California Gas Company and General Telephone Company of California. Section 8. That the Mayor and Common Council find the public interest will not be served by allowing property owners to take the construction contract for the Exhibit 2 Improvements and, accordingly, no notice of award of con- tract is required to be published. Section 9. That the proceedings for the construc- tion, installation and acquisition of the Improvements and for the assessment of benefited properties shall be carried out pursuant to such Municipal Improvement Act of 1913 and such proceedings for the issuance of the Bonds as are to be issued to represent unpaid assessments shall be carried out pursuant to such Improvement Bond Act of 1915; provided, however, that both such proceedings shall be subject to the terms and provisions of Ordinance No. 3902. 7 26-C2-JWB-402 12-4-84 (mt) SAN BERNARDINO 54333-011-4 Section 10. That the Mayor and Common Council find that the petition referred to in the recitals of this Resolution expressly waives the application to these pro- ceedings of the Special Assessment Investigation, Limitation And Majority Protest Act of 1931, Division 4 of the Code, and no further proceedings under said Act shall be taken. Section 11. That such lots or parcels, or any of them, within Assessment District No. 961, which are publicly owned and which are in use in the performance of any public function, shall be omitted from the assessment hereafter made to cover the costs and expenses of the work, and no assessment shall be levied against any property which is to be acquired by or pursuant to these proceedings and thereby made publicly-owned property. Section 12. If the written consent of the owner of the property is first obtained, work may be done on pri- vate property to: (i) eliminate any disparity in level or size between the Improvements and private property, or (ii) to aid in the drainage of the Improvements or the private property, or (iii) to eliminate damage to such private prop- erty caused by the acquisition and installation of the Im- 8 26-C2-JWB-402 12-4-84 (mt) SAN BERNARDINO 54333-011-4 provements, or (iv) as otherwise reasonably requested by such owner of property as a condition of his consent; in- cluding in the foregoing, without limitation, clearing and grubbing, dumping fill material, compacting to grade and grading; and it is hereby determined that it is in the pub- lic interest to do such work on private property. The cost of such work may be added to the assessment of the lot on which the work is done. Section 13. That Roger Hardgrave, Director of Public Works/City Engineer (sometimes referred to as "Engi- neer of Work"), is authorized and directed to make and file with the City Clerk a report in writing (sometimes referred to as the "Engineer's Report"), as defined and described in Section 10204 of the Code. Section 14. This Resolution is in addition to, and supplements, Resolution No. 84-388, and in the event of any conflict or inconsistency between this Resolution and Resolution 84-388, the terms and provisions of this Resolu- tion shall govern and control. 9 26-C2-JWB-402 12-4-84 (mt) SAN BERNARDiNO 54333-011-4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 17th day of December, 1984, by the following vote, to wit: AYES: Councilmen Castaneda. Reilly. Marks. ouiel. Frazier. strickler NAYS: Council Member Hernandez ABSENT: None ABSTAIN: None ~/t?4'1~d "City C erk The foregoing resolution is :20tJ, day of December, 1984. 10 26-C2-JWB-402 12-4-84 (mt) SAN BERNARDINO 54333-011-4 Approved as to form this .10* day of ~- -~ ' 1984: ~~~" )to ~ City Attorney 11 26-C2-JWB-402 12-11-84 (mtJ SAN BERNARDINO 54333-011-4 EXHIBIT 1 IMPROVEMENTS Streets, sidewalks, sewers, fencing, landscaping, electrical mains, gas mains, water mains, curbs, gutters, paving, sidewalks, electroliers and street lights, capacity rights in the City of San Bernardino Wastewater Treatment Plant located at 299 Blood Bank Road, San Bernardino, California, and traffic signals. Exhibit 1 26-C2-JWB-402 l2-4-84(mt) .' '. SAN BERNARDINO 54333-011-4 EXHIBIT 2 IMPROVEMENTS Street extension of Hospitality Lane (including bridge approaches), Hospitality Lane Bridge over San Timoteo Creek, traffic signal changes and electroliers and street lighting. Exhibit 2 26-C2-JWB-402 12-4-84 (mt) . . . , SAN BERNARDINO 54333-011-4 LEGAL DESCRIPTION OF ASSESSMENT NO. 961 Lots 1, 2, 3, 4 and Lots 8 through 27, inclusive, and Lots 29 through 34, inclusive, of Tract No. 12034, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 168 of Maps, Pages 75 through 87, inclusive, records of said County, and Parcels I, 2, 3 and 4 of Parcel Map No. 8120, being a divi- sion of Lot 28, Tract Map No. 12034, in the City of San Bernardino, County of San Bernardino, State of California, as per Plat recorded in Book 84 of Parcel Maps, Pages 46 and 47, records of said County. Exhibit 3 26-C2-JWB-4.0 2 12--I-84 (mt) . . ~I"::l .. - ~ A'~PtANPS /.E(;6ND /. ___ . /11I:J'/(;gr~.s ASs~ssn?~nl p/srncr 8"V/1dgr~ '. \! "t t ~ ~ ~ " ," ~ I( ~ ~ ~'1n 44r"t7r~;'o A55G$5MEIoIT OlSrA'lCr Ab. ~I ~. ~ ~ ~ .~ l.;: 1""~4I11d'l ~~ ~~ ~~ ~ ~ llS"" ~ VICINITY MAP #'0 st:"t7~ ,eM ENGINEERItG ASSOCIATES ... 1'.'0." 1011 . _ .... 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