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Home My WebLink About1982-004San Bernardino_ 60,009-29-3 ..n RESOLUTION NO. 82-4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ACQUISITION AND INSTALLATION OF A CERTAIN IMPROVEMENT WITHIN A PORTION OF THE CITY DESIGNATED "ASSESSMENT DISTRICT NO. 948"; DESCRIBING THE LOCATION OF SAID IMPROVE- MENT; DESCRIBING THE AREA TO BE BENEFITED BY THE ACQUISITION AND INSTALLATION OF SUCH IMPROVEMENT; 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 CON- NECTION THEREWITH (ASSESSMENT DISTRICT NO. 948) 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 has been presented with a petition requesting that proceedings be taken under Ordinance No. 3902 and the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California, (the "Code") for the acquisition and installation 212 (ph) 12/28/81 ^ CX�5f i San Bernardino' 60,009-29-3' of those certain onsite and offsite improvements, including rough grading and flood control channel improvements to comply with San Bernardino County Flood Control require- ments, streets, bridges, curbs and gutters, sidewalks, landscaping, street lights, traffic signals, sewers and sewer siphon, water lines, storm drains, conduit for under- ground electrical, telephone, cable television and natural gas facilities and all necessary appurtenances and appur- tenant works, within and as necessary to provide access and services to said properties set forth below, 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, reserve funds and expenses of financing the district and expenses of all proceedings for the authori- zation, issuance and sale of the bonds or related thereto; and WHEREAS, said petition was signed by all of the owners of the land within said area; and WHEREAS, this area is to be designated for con- venience as "Assessment District No. 948"; and F 212(ph) 12/28/81 San Bernardino - 60,009 -29-3 NOW, THEREFORE, IT IS HEREBY RESOLVED, AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. That the recitals set forth herein- above are true and correct. Section 2. That the public interest and con- venience require and it is the intention of the Mayor and Common Council to take proceedings for the acquisition and installation of those certain onsite and offsite improve- ments, including rough grading and flood control channel improvements to comply with San Bernardino County Flood Control requirements, streets, bridges, curbs and gutters, sidewalks, landscaping, street lights, traffic signals, sewers and sewer siphon, water lines, storm drains, conduit for underground electrical, telephone, cable television and natural gas facilities and all necessary appurtenances and appurtenant works, (herein sometimes referred to as the "improvement") within and as necessary to provide access and services to said properties in a certain area of the City referred to below, including without limitation, all engineer- ing and design, appraisal, legal, accounting and financial consulting fees, land and right-of-way acquisition, interest on the bonds during the construction period, reserve funds 212 (ph) 12/28/81 3 San Bernardino 60,009-29-3' and expenses of financing the district and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto. Section 3. That the Mayor and Common Council find that said improvement will convey direct and special benefit to an area of the City and County of San Bernardino hereby designated "Assessment District No. 94811, the boundaries of which are specified and set forth on that certain map designated "Proposed Boundaries of Assessment District No. 948" which map, attached hereto as Exhibit A and made a part hereof, is on file in the office of the City Clerk and indicates by a boundary line that extent of the territory included in the proposed assessment district and shall govern for all details as to the extent of the assessment district. Section 4. That improvement bonds shall be issued pursuant to the provisions of Ordinance No. 3902 and the Improvement Bond Act of 1915, Division 10 of the Code, such bonds to bear interest fixed at the time of sale thereof but in no event greater than that allowed under the consti- tution of the State of California for such bonds, maturing over a period of not to exceed thirty-nine (39) years from the 2nd day of July next succeeding ten (10) months from 212 (ph) 12/28/81 4 San Bernardino 60,009-29-3 their date, and said bonds maturing serially in such amounts per year so that the combined payments of principal and interest coming due on said bonds in any such year shall be approximately equal. The Mayor and Common Council shall also provide at the time of issuance of such 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. 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, et seq. of the Code. Section 6. That, in accordance with the provisions of Section 10427 of the Code, the Mayor and Common Council declare that any surplus remaining in the improvement fund to be established to pay the costs and expenses of such acquisition and installation of such improvement following completion of such acquisition and installation 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 212 (ph) 12/28/81 5 San Bernardino 60,009-29-3 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 improvement, 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 such bonds, the interest thereon, and the prepayment penalty, if any. Section 7. That, pursuant to the provisions of Sections 10109 through 10111, inclusive, of the Code, the City intends to enter into agreements as prescribed therein with each of the following entities: Southern California Edison Company, Southern California Gas Company, General Telephone and Teleprompter Cable Television and/or Liberty Television Cable. 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 and, accordingly, no notice of award of contract is required to be published. Section 9. That the proceedings for such acquisi- tion and installation of said improvement and for the assess- ment of benefited properties shall be carried out pursuant 212 (ph) 12/28/81 14 San Bernardino 60,009-29-3 to said Municipal Improvement Act of 1913 and said proceed- ings for the issuance of said improvement bonds as are to be issued to represent unpaid assessments shall be carried out pursuant to said Improvement Bond Act of 1915. Section 10. That the Mayor and Common Council find that the petition referred to in the recitals hereof expressly waives the application to these proceedings 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 the proposed assessment district, 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 private property to: (i) eliminate any disparity in level or size between the improvement and private property, or (ii) 212 (ph) 12/28/81 7 San Bernardino 60,009-29-3 to aid in the drainage of the improvement or the private property, or (iii) to eliminate damage to such private property caused by the acquisition and installation of the proposed improvement, or (iv) as otherwise reasonably requested by such owner of property as a condition of his consent; including 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 public 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 C. Glenn Wilson, Director of Public Works/City Engineer (sometimes referred to as "Engineer 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. 212 (ph) 12/28/81 0 San Bernardino 60,009-29-3 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 4th day of January, 1982, by the following vote, to wit: AYES: Councilmen Castaneda, Reilly, Hernandez, Botts, Hobbs, Strickler NAYS: None ABSENT: None ABSTAIN: i The foregoing resolution is hereby approved this day of January Approved as to form: .City Attorney 9 , 212 (ph) 12/28/81