HomeMy WebLinkAbout1989-346
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RESOLUTION NO. 89-346
ASSESSMENT DISTRICT NO. 985
(Industrial Parkway Improvement District)
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO DECLARING INTEN-
TION TO ORDER THE ACQUISITION AND CONSTRUC-
TION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN
AND FOR A PROPOSED ASSESSMENT DISTRICT AND
THE PAYMENT OF CERTAIN EXPENSES INCIDENTAL
THERETO PURSUANT TO THE MUNICIPAL IMPROVEMENT
ACT OF' 1913, DESCRIBING THE ASSESSMENT
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES OF SUCH IMPROVEMENTS, AND DETERMIN-
ING THAT BONDS SHALL BE ISSUED IN THE AMOUNT
OF THE UNPAID ASSESSMENT PURSUANT TO THE
IMPROVEMENT BOND ACT OF 1915
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WHEREAS, the Mayor and Common Counci 1 ( the "Common
13 Council") of the City of San Bernardino (the "City"), propose to
14 form an assessment district under the provisions of the
15 Municipal Improvement Act of 1913, Division 12 of the Streets
16 and Highways Code, for the acquisition and construction of
17 certain public improvements, which improvements are hereinafter
18 generally described: and
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WHEREAS, the Common Council hereby finds: (i) that the
20 public interest, convenience and necessity require:
(a) the
21 acquisition and construction of certain public improvements:
22 (b) the acquisition of certain land, easements and rights-of-way
23 necessary therefor: and (c) appurtenances and appurtenant work
24 and incidental costs and expenses in connection therewith:
25 (ii) that the project is feasible: and (iii) that the lands to
26 be assessed will be able to carry the burden of the proposed
27 assessments and to pay the costs and expenses thereof:
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AS FOLLOWS:
Section 1. Description of Improvements.
The public
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interest,
convenience and necessity require, and it is the
intention of the Common Council of the City of San Bernardino,
6 pursuant to the provisions of Division 12 of the Streets and
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Highways Code, commonly known as the "Municipal Improvement Act
8 of 1913," to order the acquisition and construction of the
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improvements, together with incidental costs and expenses in
10 connection with the proposed assessment district, for the
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benefit of the lands within the exterior boundaries of the
12 proposed assessment district, hereinafter referred to as the
13 "improvements," all in the assessment district, more particu-
14 larly described as follows:
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STREET IMPROVEMENTS
PALM AVENUE - The half width street
construction
of
asphaltic
concrete
pavement with concrete curb and gutter,
sidewalk, handicap ramp, street lights,
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and signing, beginning at the intersec-
tion of Palm Avenue and Industrial
Parkway, then extending approximately
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520 feet south to the southwesterly
property line of Assessors Parcel No.
266-041-40 (Asmt. No.2).
INDUSTRIAL PARKWAY Full street
construction of asphaltic concrete
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pavement with a-inch concrete curb
gutters, street lights and signing from
Palm Avenue approximately 3,230 feet
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east joining existing half width
improvements on the southwest side.
Then continuing on the northeast side
with half width improvements for an
additional 750 feet joining existing
curb, gutter, and pavement.
After a
section of existing full width street
improvements, is the construction of a
half width section of improvements on
the
northeasterly
side
beginning
approximately 4,610 feet east of Palm
Avenue and extending easterly approxi-
mately 790 feet.
Improvements to be
constructed also include a handicap ramp
at the intersection of Palm Avenue and
Industrial Parkway, two commercial
driveway approaches for Parcel
266-041-22 (Asmt No.3), asphalt con-
crete overlay covering the ending
asphalt, and the removal of a section of
road beginning approximately 2,170 feet
east of Palm Avenue and continuing
easterly approximately 650 feet.
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SEWER IMPROVEMENTS
INDUSTRIAL PARKWAY - The construction of
an a-inch sewer main and appurtenances
beginning 200 feet east of Palm Avenue
extending easterly for approximately
5,370 feet then along the certerline of
an easement 20 feet wide and parallel
with the westerly right-of-way line of
Cable Creek approximately 65 feet. Also
the construction of a 4-inch sewer
lateral
for
each
parcel
fronting
Industrial Parkway.
STORM DRAIN IMPROVEMENTS
INDUSTRIAL PARKWAY - The construction of
storm drain facilities which includes
connecting onto the existing 42-inch
reinforced concrete pipe and extending
the line to ultimate street length.
Also the construction of two 2l-foot
catch basins with local depressions and
the interconnecting of approximately
60 feet of 39-inch reinforced concrete
pipe. Also included in the construction
is the removal of the existing headwall
and slope paving.
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Section 2. Description of Assessment District. The
improvements will be of direct benefit to properties and lands
within a district which is hereby declared to be the district
benefi ted by the improvements and to be assessed to pay the
costs and expenses thereof.
Said district shall be known as
"Assessment District No. 985 (Industrial Parkway Improvement
District), City of San Bernardino, County of San Bernardino,
State of California," and shall be all that part of the City
having the exterior boundaries as shown on a map of the district
entitled "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 985
(INDUSTRIAL PARKWAY IMPROVEMENT DISTRICT) ,
CITY OF SAN
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BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA" (the
"Assessment District"), which map is on file in the office of
14 the City Clerk. Reference is hereby made to said map for a full
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and complete description of the Assessment District and said map
shall govern for all details as to the extent of the Assessment
17 District.
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Section 3. Report
proposed
of
Engineer.
The
improvements
hereby
referred
Willdan
to
Associates,
are
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Incorporated (the "Engineer of Work"), and the Engineer of Work
is hereby directed to make and file with the City Clerk of the
22 City of San Bernardino a report (the "Report") in wr i ting
23 containing, insofar as applicable, the following:
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(a) Plans
proposed
and
specifications
of
the
25 improvements which shall indicate the class and type of
26 improvements to be provided for each zone within the Assessment
27 District;
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(b) A general description of works or appliances
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already installed and any other property necessary or convenient
for the operation of the improvements, if the works, appliances,
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or property are to be acquired as part of the improvements;
(c) An estimate of the cost of the proposed work and
improvements and of the cost of lands, rights-of-way, easements,
and incidental expenses in connection therewith, including. any
cost of registering bonds;
(d) A diagram showing: (i) the exterior boundaries of
the Assessment District, (ii) the boundaries of the zones within
the Assessment District, and (iii) the lines and dimensions of
each parcel of land within the Assessment District.
Each sub-
division
including
parcel,
each
separate
condominium
or
interest, as defined in Section 783 of the Civil Code, shall be
given a separate number upon said diagram;
(e) A proposed assessment of the total amount of the
17 cost and expenses of the proposed improvements upon the several
18 subdivisions or parcels of land in the Assessment District in
19 proportion to the estimated benefits to be received by said sub-
20 divisions, respectively, from the improvements. The assessment
21 shall refer to such subdivisions by their respective numbers as
22 assigned pursuant to subdivision (d) of this Section 3.
23 Section 4. Bonds. It is hereby determined and
24 declared and notice is hereby given that serial bonds to repre-
25 sent and be secured by the unpaid amount of the assessment which
26 will be levied to pay the costs and expenses of the improve-
27 ments, and to bear interest at the rate of not to exceed
28 12 percent per annum, shall be issued in the manner provided by
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Division 10 of the Streets and Highways Code, the Improvement
Bond Act of 1915, and the last installment of such bonds shall
mature not later than 39 years from the second day of September
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next succeeding 12 months from their date.
The amount of
5 principal of the bonds maturing in each year plus the amount of
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interest payable in that year will be an aggregate amount that
is equal each year except for the moneys falling due on the
first series of the bonds which will be adjusted to reflect the
amount of interest earned from the date when the bonds bear
interest to the date when the first interest is payable on the
bonds.
Section 5. Special Reserve Fund. Pursuant to Part 16
13 (commencing with S 8880) of Division 10 of the Streets and
14 Highways Code, there shall be included in the assessment to be
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levied on the land in the Assessment District, as an incidental
expense of the proceedings, an amount not to exceed 10 percent
of the amount of the bonds to be issued to create a special
reserve fund for the bonds.
Said special reserve fund shall be
19 identified as the "Assessment District No. 985 Special Reserve
20 Fund," and upon receipt of the bond sale proceeds, said amount
21 shall be transferred to said special reserve fund. Said special
22 reserve fund shall constitute a trust fund for the benefit of
23 the bond holders, and shall be maintained, used, transferred,
24 reimbursed and liquidated as provided in said Part 16.
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Section 6. Collection of Assessments and Advance
26 Retirement of Bonds. The procedures set forth in Part 11.1 of
27 Division 10 of the Streets and Highways Code shall be followed
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in the collection of assessments and advance retirement of
bonds.
Section 7. Refunding of Bonds.
The Common Council
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determines that the bonds to be issued pursuant to Section 4
5 hereof may be refunded pursuant to Division 11.5 (commencing
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with S 9500) of the Streets and Highways Code on the following
conditions:
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(a) The maximum interest rate on the refunding bonds
shall not exceed the maximum rate permitted by law at the time
of the refunding;
(b) The maximum number of years to maturity of the
12 refunding bonds shall not exceed the remaining number of years
13 to maturity of the bonds to be refunded; and
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(c) Any adjustment to assessments resulting from the
15 refunding will be done on a pro-rata basis.
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Section 8. No Obligation to Cure Deficiency in
17 Redemption Fund.
The Common Council determines and declares
18 pursuant to Section 8769 of the Streets and Highways Code that
19 the City will not obligate itself to advance available funds
20 from the City treasury to cure any deficiency which may occur in
21 the bond redemption fund.
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Section 9. Disposition of Surplus Funds.
If after
23 completion of the improvements and the payment of all claims
24 from the improvement fund the Common Council shall determine
25 that a surplus remains in the improvement fund by reason of the
26 assessment and any supplemental assessment levied for the
27 improvements, any such surplus shall be used as follows:
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(a) For transfer to the general fund of the City of an
2 amount not to exceed the lesser of $1,000.00 or five (5) percent
3 of the total amount expended from the improvement fund:
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(b) As a credit upon the assessment and any
5 supplemental assessment, in the manner provided in Section
6 10427.1 of the Streets and Highways Code: or
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(c) For the maintenance of the improvements.
Section 10. Proceedings Under the Special Assessment
9 Investigation, Limitation and Majority Protest Act of 1931. The
10 Common Council intends to comply with the requirements of the
11 Special Assessment Investigation, Limitation and Majority
12 Protest Act of 1931, Division 4 (commencing with S 2800) of the
13 Streets and Highways Code, by proceeding under Part 7.5 (com-
14 mencing with S 2960) of said oi vision 4.
In addition to the
15 matters provided for in Section 3 hereof, there shall be
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included
following
in
provided
the
for
therein
report
the
17 information:
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(a) the total amount, as near as may be determined, of
19 the total principal of all unpaid special assessments required
20 or proposed to be levied under any completed or pending assess-
21 ment proceedings, other than that contemplated in the instant
22 proceedings, which would require an investigation and report
23 under said act against the total area proposed to be assessed:
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(b) the total true value, as near as may be deter-
26 mined, of the parcels of land and improvements which are
27 proposed to be assessed. Pursuant to Sections 2961 and 2980 of
28 the Streets and Highways Code, such total true value shall be
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1 the full cash value of such land and improvements as defined in
2 Article XIII A of the California Constitution as shown upon the
3 last equalized assessment roll of the County of San Bernardino.
4 Section 11. Property Owners Taking Contract. It is
5 hereby determined and declared that the public interest will not
6 be served by allowing the owners of the lands assessed or liable
7 to be assessed, or their agents, to take a contract for the
8 construction and installation of the improvements.
9 Section 12. Adjustment of Grade on Private Property.
10 Wherever it is necessary to eliminate any disparity in level or
11 size between said improvements and private property, it is in
12 the public interest and more economical to do such work on
13 private property than to adjust the work on public property to
14 eliminate such disparity.
15 fill
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17 fill
18 fill
19 fill
20 fill
21 fill
22 fill
23 fill
24 fill
25 fill
26 fill
27 fill
28 fill
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'II. .,
. I!' RES~LUTION
OF INTENTION, A.D. 985
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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 6th day of
September, 1989, by the following vote, to wit:
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AYES: Council Members Estrada. Reillv. Flores. Maudslev.
Minor, Pope-Ludlam, Miller
NAYS: None
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ABSENT: None
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The foregoing resolution is hereby approved this 8th
, 1989.
September
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and legal content:
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