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CI~9oF SAN BERNARDI~
Fi/~J.lt.MAO.'::'('; .
- REQUEOr FOR COUNCIL AC-Q:)N
Dept:
Public w:>rks/Engineering
Subject: Resolution of Intention and others;
Assessrent District No. 977B
From:
ROGER E. HARDGRAVE, Director
Date: January 3,,' 1991'
Synopsis of Previous Council action:
5/15/89
Authorization to prooeed was given to the City Engineer and City
Clerk.
8/7/89
Resolutions approving Bond Counsel, Underwriter and Assessrent
Engineer ~e adopted.
I, "
Recommended motion:
Adopt resolutions.
CC: Shauna Edwins, City Administrator
James Pennan, City Attorney
~,ff~
Andrew Green, Finance Director
Contact person:
Verne J. Nadeau
Phone: 384-5026
Supporting data attached: !':T"ff R"'P'"'rT. Mqp
Ward: Ii
FUNDING REQUIREMENTS:
Amount: $1,015,000.00
Source: (Acct. No.!
251-651-53925
To be reex>uped through assessrents.
(Acct. DescriPtion) Assess.District No. 977 /
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Finance:
Council Notes:
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AQenda Item N~~ ,;l. L
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CI~QOF SAN BERNARDI-'O - REQUEQ FOR COUNCIL AC10tN
STAFF REPORT
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The Council did previoosly auth::>rize the proceedings to go fo:rward for the fonnation
of a special assessnent district to allow for the public financing of the subdivision
iroprovenents to be ronstructed within City subdivision Tracts 14184 and 14185, in two
phases, i.e., Assessnent District No. 977A and Assessnent District No. 977B. Proceed-
ings for Assessnent District No. 977A have been successfully cx:nq:>leted, and the
attached Resolutions would fonnally allow the initiation of proceedings for the seoond
tilase, i.e., Assessnent District No. 977B.
TtE developer has oonpleted the construction of the second phase of the :iIlprovements
and all ooc:urrentation has been prepared to allow the initiation of the proceedings
and the setting of the tine and place for the public tEaring. The public hearing is
proposed to I:e held on March 4, 1991. Upon the ccnclusion of the public hearing,
tonds can be sold and the prcperty owner would then be reimb.Jrsed for th::>se public
:iIlprovements previously installed in these proceedings.
75.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING INTEN-
TION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A
PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE
THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING
FOR THE ISSUANCE OF BONDS
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The public interest and convenience require,
and it is the intention of this body, pursuant to the provisions
of Division 12 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act 1913"), to order the
acquisition of certain public improvements, ~ogether with appur-
tenances and appurtenant work, in a special assessment district
known and designated as ASSESSMENT DISTRICT NO. ~77B (herein-
after referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENTS
The improvements to be acquired and financed
under these proceedings are generally described as street
improvements, including paving, curb and gutter, street lights,
storm drain improvements, sewer and water improvements, together
with appurtenances and appurtenant work, to serve and benefit
properties located wihtin the boundaries of the Assessment
District.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2.
That said improvements and work to be acquired
are of direct benefit to the properties and land within the
Assessment District, and this legislative body hereby makes the
1/3/91
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REf"'I.UTION :? I~TENTION FOR 0 I
AS~SS~mNT :ISTRICT NO. 977B
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expenses of said work, . improvements and acc::uisi,,;ion chargeable
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upon a district, which said Assessment :istrict is hereby
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declared to be the Assessment District benefited by said work
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and improvements and to be assessed to ,ay the costs and
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expenses thereof, including incidental expenses and costs and
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which is described as follows:
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All that certain territor~. in the District
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included within the exterior boundary lines shown on the plat
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exhibiting the property affected or benefited by or to be
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acquisition in
assessed to pay the costs and expenses of said
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the Assessment District, said map titled and identified as
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"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT ,10. 977B", and which
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map was heretofore approved and which said map or "diagram is on
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file with the transcript of these proceedings, EXCEPTING there-
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from the area shown within and delineated upon said map or plat
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hereinabove referred to, the area of all public streets, public
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avenues, public lanes, public roads, public drives, public
18
courts, public alleys, and all easements and rights-of-way
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therein contained belonging to the public.
For all particulars
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as to the boundaries of the Assessment District, reference is
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hereby made to said boundary map heretofore previously approved
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and on file.
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REPORT OF ENGINEER
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SECTION 3.
That this proposed acquisition is hereby
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referred to GFB-FRIEDRICH & ASSOCIATES,
INC., who is hereby
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directed to make and file the report in writing containing the
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following:
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RESOLUTI~OF I~7~~TIC~ FOR
ASSESSMENT DISTRICT ::0. 977B
o
A. plans of the "as-built" improvements to be
acquired;
B. A final estimate of the cost of the acquisi-
tion of the "as-built" works of improvements;
c. A diagram showing the Assessment District
above referred to, which shall also show the boundaries and
dimensions of the respective subdivisions of land within said
Assessment District, as the same existed at the time of the
passage of the Resolution of Intention, each of which subdivi-
sions shall be given a separate number upon said Diagram;
D. A proposed assessment of the total amount
of the assessable costs and expenses of the proposed improvement
upon the several divisions of land in proportion to the esti-
mated benefits to be received by such subdivisions, respec-
tively, from said acquisition of improvements.
Said assessment
shall refer to such subdivisions upon said diagram by the respec-
tive numbers thereof;
E. The description of the works of improvement
to be acquired under these proc.edings.
When any portion or percentage of the cost and
expenses of the acquisition is to be paid from sources other
than assessments, ~he amount of such portion or percentage shall
first be deducted from the total estimated costs and expenses of
said acquisition. and said assessment shall include only the
remainder of the estimated costs and expenses.
Said assessment
shall refer to said subdivisions by their respective numbers as
assigned pursuant ~o Subsection D. of this Section.
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RESOLUjli\ON OF :::TE:::'ION FOR
ASSES~T DIST~IC:' ~O. 977B
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BONDS
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Notice is ~ereby given that bonds to represent
SECTION 4.
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the unpaid assessments, and bearing interest at -:he rate of not
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to exceed the current legal maximum rate of :2\ ;:oer annum, will
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be issued hereunder in the manner provided in the "Improvement
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Bond Act of 1915", being Division 10 of the Streets and Highways
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Code of the state of California, which bonds shall mature a
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maximum of and not to exceed NINETEEN (19) YEARS from the second
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day of September next succeeding twelve (12) months from their
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The provisions of Part 11.1 of said Ac"o, providing an
date.
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alternative procedure for the advance payment of assessments and
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the calling of bonds shall apply.
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The principal amount of the bond~ maturing each
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year shall be other than an amount equal to an even annual
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proportion of the aggregate principal of the bonds, and the
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amount of principal maturing in each year, plus the amount of
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interest payable in that year, will be generally an aggregate
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amount that is equal each year, except for the first year's
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adjustment.
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Pursuant to the provisions of the streets and
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Highways Code of the State of California, specifically Section
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10603, the Treasurer is hereby designated as the officer to
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collect and receive the assessments during the cash collection
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Said bonds further shall be serviced by the Treasurer
period.
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or designated Paying Agent.
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OO:[NTENTIO~
DISTRICT XO.
=~R
977B
o
RESOLUTION
ASSESSMENT
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"MUNICIPAL IMPROVEMENT ACT OF :913"
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SECTION 5.
That excep.t as herein otherwise provided for
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the issuance of bonds, all of said improvements shall be made
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and ordered pursuant to the provisions of the "Municipal Improve-
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ment Act of 1913", being Division 12 of the Streets and Highways
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Code of the State of California.
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SURPLUS FUNDS
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SECTION 6.
That if any excess shall be realized from the
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assessment, it shall be used, in such amounts as the legilllative
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body may determins, in accordance with the provisions of law for
12 one or more of the following purposes:
13
A.
Transfer to the general fund; provided that
14 the amount of any such transfer shall not exceed the lesller of
15 One Thousand Dollars ($1,000.00) or five percent (5\) of the
16 total from the Improvement Fund;
17
B.
As a credit upon the assessment and any
18 supplemental assessment; or
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C.
For the maintenance of the improvement.
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SPECIAL FUND
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SECTION 7.
The legilllative body hereby establishes a
22 special IMPROVEMENT FUND identified and designated by the name
23 of this Assessment District, and into said Fund monies may be
24 transferred at an,' time to expedite the making of the acquisi-
25 tion herein authorized, and any such advancement of funds is a
26 loan and shall be repaid out of the proceeds of the sale of
27 bonds as authorized by law.
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RESOLUTO
ASSESSMENT
OF I":'E,,TION FOR
DISTRICT ::0. 977B
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PROCEEDINGS INQUIRIES
SECTION 8.
For any and all informatio", relating to these
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prooeedings, inoluding information relating to protest prooe-
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dure, your attention is directed to the person designated below:
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VERNE NADEAU, REAL PROPERTY SUPERVISOR
CITY OF SAN BERNARDINO
300 NORTH "D" STREET
SAN BERNARDINO, CA 92418
TELEPHONE: (714) 384-5026
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PUBLIC PROPERTY
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SECTION 9.
All publiC property in the use and performanoe
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of a publio funotion shall be omitted from assessment in these
12
proceedings unless expressly provided and listed herein.
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ACQUISITION
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SECTION 10.
That the public interest and convenienoe and
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the statute authorizes the acquisition of those improvements as
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described in this Resolution, and said improvements are in exis-
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tence and have been installed in place prior to the date of
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adoption of this Resolution.
For a general description of the
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workSl of improvement,
reference i. made to the previously
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approved Acquisition/Financing Agreement, as approved by this
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legislative body, a copy of which is on file with the transoript
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of these proceedings.
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NO CITY LIABILITY
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SECTION 11.
The legislative body further declares not to
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obligate itself to advance any available funds from the Treasury
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to cure any deficiency or delinquency whioh may occur in the
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bond redempt ion f'..:nd.
This determination is made pursuant to
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the authorization ~f Section 8769{b) of the Streets and Highways
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RESOLUTIOQF INTE:\TIC:: FOR
ASSESSMENT DISTRIC:' ::0. 977B
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Code of the State of california, and said :ietermination shall
further be set forth in the text of the bonds issued pursuant to
the "Improvement Bond Act of 1915".
PETITION
SECTION 12.
That a petition signed by property owners
representing more than 60\ in area of the property subject to
assessment for said improvement has been signed and filed with
the legislative body, and said written petition expressly
contains a waiver of any of the proceedings and limitations as
set forth under Division 4 of the Streets and Highways Code of
the S,tate of California, the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931".
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 13.
It is hereby declared that this legislative
body proposes to levy an annual assessment pursuant to section
10204 of the Streets and Highways Code of the State of Califor-
nia, said annual assessment to pay costs incurred by the City
and not otherwise .reimbursed which result from the administra-
ticn and collection of assessments or from the administration or
registration of any associated bonds and reserve of other
related funds.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the !-layor and Common Council 'Of the City of San
Bernardino at a
meeting thereof, held
on the
day of
1991, by the
following vote, to wit:
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council Members:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
J
RESOLUTIOJ:)F INTE~TIC~
ASSESSMENT DISTRICT NO.
AYES
NAYS
FOR
977B
o
ABSTAIN
day of . 1991.
City Clerk
The foregoing resolution is hereby approved this
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form and legal content:
James F. Penman
City Attorney
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