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San Bernardino 54333-011-5 RESOLUTION NO. 85-44 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDERING CHANGES AND MODIFICATIONS TO ENGINEER'S REPORT, MODIFYING ASSESSMENT, CONFIRMING ASSESSMENT AS MODIFIED, ORDERING THE IMPROVEMENTS AND ORDERING RECORDATION OF ASSESSMENT DIAGRAM AND NOTICE OF ASSESSMENT ASSESSMENT DISTRICT NO. 961 WHEREAS, the Mayor and Common Council are proceed- ing to form Assessment District No. 961 pursuant to Resolu- tion No. 84-551, which is the Resolution of Intention for Assessment District No. 961 (the "Resolution of Intention"), adopted December 17, 1984; WHEREAS, the Engineer of Work has filed with the City Clerk his Engineer's Report and the Mayor and Common Council have preliminarily approved the same by Resolution No. 84-555, adopted December 19, 1984; WHEREAS, the Engineer's Report did not contain amounts of assessments for costs of, (i) a special fund designated, "Improvement Bonds, Assessment District No. 961, Series 1985, City of San Bernardino, Special Reserve Fund" 1 26-Cl-JWB-402.l9 1-18-85 (mt) I~.) " San Bernardino 54333-011-5 in the amount of $1,486,000.00 (the "Special Reserve Fund"), (ii) capitalized interest in the amount of $740,000.00 (the "Capitalized Interest"), (iii) the underwriters of the im- provement bonds for Assessment District No. 961 bond dis- count in the amount of $687,750.00 (the "Bond Discount"), (iv) bond counsel fees in the amount of $55,887.50 (the "Bond Counsel Fees"), (v) bond counsel costs in the amount of $3,199.60 (the "Bond Counsel Costs"), (vi) printing bonds and incidentals in the amount of $20,000.00 (the "Printing Costs"), (vii) City administration fees of $137,550.00 (the "City Fees"), (viii) sidewalks in the amount of $10,378.80 (the "Sidewalks") and (ix) interest paid in connection with the acquisition of sewer capacity rights in the City's Wastewater Treatment Plant located at 299 Blood Bank Road in the City in the amount of $22,320.00 (the "Sewer Interest"). The total of the foregoing amounts shall be referred to in this Resolution as the "Increased Amount"; WHEREAS, the owners of all of the property includ- ed within Assessment District No. 961 have consented and requested (in writing) that the amount of the assessments as set forth in the Engineer's Report be increased by the In- creased Amount as set forth in Section 5 below to provide 2 26-Cl-JWB-402.l9 1-18-85 (mt) " .' . San Bernardino 54333-011-5 for the Special Reserve Fund and the other items referred to in the preceding Recital and that the increased assessments be levied; WHEREAS, on December 19, 1984, this Mayor and Common Council adopted Resolution No. 84-555 setting 11:00 a.m. on January 21, 1985, in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California, as the time and place for hearing protests (the "Protest Hearing") to the Engineer's Report and the Resolution of Intention; WHEREAS, notice of the Protest Hearing was duly waived in writing by the owners of all of the property in- eluded within Assessment District No. 961; and WHEREAS, at the time and place fixed in such Reso- lution No. 84-555, such hearing was duly held by this Mayor and Common Council at which all written appeals, protests, or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and this Mayor and Common Council gave all persons present an oppor- tunity to be heard in respect to Assessment District 3 26-CI-JWB-402.19 1-18-85 (mt) San Bernardino 54333-011-5 No. 961, including, without limitation, the correctness of the assessment or assessment diagram, or any other matters relating to these procedures. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Correctness of Recitals. The Recitals set forth above are true and correct in all respects. Section 2. Protests. That the Protest Hearing has been duly held; that each and every step in the proceed- ings prior to and including the Protest Hearing has been duly and regularly taken; that the written protests received by the City Clerk at or before the Protest Hearing are not signed by the owners of more than one-half (1/2) of the area of land included within Assessment District No. 961 and that such protests are hereby overruled. Section 3. Necessity and Ordering Improvements. That the publiC interest, convenience and necessity require the construction, installation and acquisition of the im- 4 26-C1-JWB-402.19 1-18-85 (mt) " San Bernardino 54333-011-5 provements described in the Resolution of Intention (the "Improvements"), that the Improvements are planned and 10- cated in the manner most compatible with the greatest public good and the least public injury and that the Mayor and Common Council do hereby order the Improvements to be con- structed, installed and acquired as described in and in accordance with the Resolution of Intention. Section 4. Benefit. That all the land included within the boundaries of Assessment District No. 961 as shown on the diagram thereof will be benefited by the Im- provements, and that the proposed assessment of the total amount of the cost of the Improvements upon the several subdivisions and parcels of land included within Assessment District No. 961 is in proportion to the benefits to be received by such subdivisions and parcels, respectively, from the Improvements. Section 5. Modification of Engineer's Report. That the Engineer's Report be changed and modified to in- elude the Special Reserve Fund, the Capitalized Interest, the Bond Discount, the Bond Counsel Fees, the Bond Counsel Costs, the Printing Costs, the City Fees, the Sidewalks, and 5 26-CI-JWB-402.19 1-18-85 (mt) San Bernardino 54333-011-5 the sewer Interest; and that the total assessment for Assessment District No. 961 be modified by increasing it by $3,163,085.90 (i.e., the Increased Amount), from $10,591,914.10 to $13,755,000.00; and that the assessments as increased be spread to the benefited properties in accor- dance with Exhibit A attached hereto and incorporated herein by this reference. Section 6. Confirmation of Assessment. That this Mayor and Common Council hereby confirm the assessment as modified in Section 5. Section 7. Recordation. That the City Clerk shall transmit said assessment and the assessment diagram to the Superintendent of Streets who shall record them in a substantial book to be kept for that purpose in his office, and append thereto his certificate for the date of such recording, and such recordation shall be and constitute the assessment roll herein; and that the City Clerk shall also record a copy of the assessment diagram and a notice of assessment in the form prescribed by Section 3114 of the Streets and Highways Code of the State of California in the office of the County Recorder of San Bernardino County. 6 26-C1-JWB-402.19 1-18-85 (mt) San Bernardino 54333-011-5 Section 8. Approval of Engineer's Report. That said Engineer's Report, as modified, be, and the same hereby is, finally adopted and approved as a whole. 7 26-Cl-JWB-402.l9 1-18-85 (mt) San Bernardino 54333-011-5 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 2&tb day of January, 1985, by the following vote: AYES: Councilmen: Castaneda. Reilly, Hernandez, 01]i~l. Frazier. Strickler NAYS: NnnA ABSENT: ~nlln~il Mp-mhAr Marks ~..M"A/~ ./ Ci ty Clerk The foregoing Resolution is hereby approved this I~ day of Feb~c 1985. APPROVED AS TO FORM: ~~~.2 8 26-Cl-JWB-402.19 1-18-85 (mt) . , , Assessor's Parcel No. 281-341-05 281-341-04 281-341-03 281-021-31 281-341-02 281-351-01 281-351-02 281-341-01 281-351-16 281-351-15 281-351-14 281-371-02 281-371-03 281-361-05 281-371-05 281-371-06 281-371-07 281-371-08 281-351-06 281-351-07 281-351-08 281-351-09 281-351-13 281-351-12 281-351-ll 281-351-10 281-361-06 281-361-07 281-361-08 281-361-09 281- 361-04 281-361-03 281-361-01 281-361-02 TOTAL San Bernardino 54333-0ll-2 CONFIRMED ASSESSMENTS ASSESSMENT DISTRICT NO. 961 Confirmed Assessment $ 546,073.50 445,662.00 250,341.00 869,316.00 148,554.00 90,783.00 90,783.00 171,937.50 167,811.00 379,638.00 191,194.50 1,075,641.00 2,662,968.00 415,401.00 497,931.00 546,073.50 429,156.00 427,780.50 148,554.00 133,423.50 133,423.50 167,8ll.00 221,455.50 184,317.00 204,949.50 284,728.50 442,9ll.00 408,523.50 352,128.00 374,136.00 255,843.00 255,843.00 374,136.00 405,772.50 $13,755,000.00 Exhibit A 26-CI-JWB-402.26 1-18-85 (mt)