HomeMy WebLinkAbout20- Public Works , I S File No. 14.40-34
CITY OF SAN BERN! IDINO - REQUEST FC : COUNCIL ACTION
From.: ROGER G. HARDGRAVE, Director Subject: Resolution Ordering & Making
Amended Assessments & Resolution
Dept; Public Works/Engineering Prelim. Apprv. Amend. Assmt & Order
Date: February 14, 1994 Hearing. (Distr No. 961-R Park Centre)
Synopsis of Previous Council action:
10-20-86 Resolution of Intention to form District No. 961-R Adopted.
Recommended motion:
Adopt Resolutions.
cc: Shauna Clark, City Administrator
Barbara Pachon, Director of Finance
Jim Penman, City Attorney
na re
Contact person: Verne Nadeau Phone: 384-5026
Supporting data attached: Staff Report, Map Ward: 1,3
FUNDING REQUIREMENTS: Amount: $3,050.00
Source: (Acct. No.) 772-121-24505
Acct. Description) Assessment Reapportionment Account
To be paid by property owners. Financ
ouncil Notes:
75-0262
Agenda Item No.
CITY OF SAN -BERN ' -,DINO - REQUEST FC 1 COUNCIL ACTION
STAFF REPORT
This action is the result of parcels which have been split by the property
owners in the Park Centre Area, District No. 961-R which splits require
reapportionment of the pertinent assessments.
Pursuant to Section 8730 of the California Streets and Highways Code,
certain requirements must be accomplished to apportion assessments for
existing 1913/15 Act projects which includes the adoption of three different
Resolutions. This procedure must be followed where we have had no request
from the property owners to apportionment the assessments . The three
necessary Resolutions are as follows:
1. A Resolution Ordering the Aldking of Amended Assessments and Ordering
an Engineer's Report. The Resolution is self explanatory by its
heading and in order to save time, the Engineer's Report is prepared
ahead of schedule and filed with the Clerk so that Resolution '2' can
be adopted at the same time as Resolution '1' .
2. A Resolution Approving Preliminary, Amended Assessments and Ordering
a Hearing. Between the adoption of this Resolution and the date of the
hearing, the owners have 15 days in which to pay the fees for the
apportionment and if they choose not to, then the fee charge will be
placed on their respective tax bill and collected all in one payment.
Upon adoption of this Resolution, a Notice will be sent to each owner
involved informing them of the amount of the fee to be paid and of the
date of the hearing.
3. A Resolution Confirming the Amended Assessments. This Resolution will
be adopted to represent all those parcels which have not paid the
necessary fee and will authorize the apportionment of the assessments.
Upon the adoption of this Resolution, an Amended Assessment Diagram
map and a Notice of Amended Assessment will be recorded with the
County Recorder which completes the process.
On October 20, 1986, Resolution of Intention No. 86-421 was adopted and the
special assessments were confirmed to pay the costs of the acquisition of
improvements for the Park Centre Area.
No requests for reapportionment were received from the owners who's parcels
were split which requires this procedure of ordering a report and setting a
hearing. The owners, after adoption of this resolution, will have 15 days in
which to pay the reapportionment costs otherwise the costs will be placed on
their respective tax bills for the next taxable year.
A hearing has been set for April 4, 1994 and all owners involved will be
sent Notices of a time to pay the costs of reapportionment and a Notice of
Hearing will be published in the Sun noticing the Hearing date.
It is recommended that both the Resolutions be adopted.
75-0264
AMEN_D ASSESSMENT DIAGRAM TO SHEET ) OF )
ASSESSMENT DISTRICT NO. 961-R
(REFUNDING)
C!TY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE C' CLERK OF THE CITY OF SAN BERNARDINO, TNIS ASSESSMENT NUMBERS 13-R-0. 16-R-A, 16-R-8. 16-R-C. 16-R-F, 16-R-G. 17-RA, 17-RB.
DAY OF 199A AND 17-RC OF ASSESSMENT DISTRICT NO 961R(REFUNDINC)OF THE CITY OF SAN
BERNARDNO WERE AMENDED BY THE CITY COUNCIL TO SEGREGATE AND APPORTION
SAID ASSESSMENTS ON THE LOTS.PIECES, AND PARCELS OF LAND AS SHOWN ON THE
---------------------------- AMENDED ASSESSMENT DIAGRAM. SAID AMENDED ASSESSMENTS WERE CONFIRMED
CITY CLERK CLARK ON THE OF — 199_- SAID AMENDED ASSESSMENT
CITY CLERK DIAGRAM AND AN AMENDED ASSESSMENT gOUl WERE RECORDED IN THE OFFICE OF
CITY OF SAN BERNARDINO ME SUPERINTENDENT OF STREETS OF THE CITY OF SAN BERNARDINO ON THE
__OF 199— REFERENCE�S MADE TO SAID AMENDED
ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS
FOR THE EXACT AMOUNT OF THE APPORTIONED ASSESSMENT LEVIED AGAINST EACH
PARCEL Of LAND SHOWN ON THIS AMENDED ASSESSMENT DIAGRAM
RECORDED IN THE OFFICE a THE SUPERINTENDENT a 5'QEE TS CITY^F SAN
BERNARDINO. THIS —___DAY OF ,------------ -991
4ACHAEL CLARK -- -------
--__—_________________—_________ C"Y CLERK
ROGER C. HARDGRAVE C OF SAN BERNARDINO
SUPERINTENDENT OF STREETS
CITY OF SAN BERNARDINO
THIS AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT D'SRICT NO 9618
(REFUNDING). CTY OF SAN BERNARDINO. COUNTY OF SAN 13ERNAPOINO.STATE OF '_ECEND
CALIFORNIA, PRIOR RECORDED THE '6TH DAY OF DECEMBER 1966 IN BOOK 10.
PAGES 23 THROUGH 25 OF MAPS OF ASSESSMENT AND COMMUNITIES FACILI^ES APPORTIONMENT BOUNDARY
DISm CTS IN F OFFICE OF THE COUNTY-'CORDER OF THE CO,;N TV or
SAN BERNARDINO.STA'E OF CALIFORNIA
-_ •Dfl_E_1 NEW ASSESSMENT NUMBER
-----------------------------------"
RACHAE� CLARK
C."CLERK ,I
CITY OF SAN BERNARDINO 'y\
200' 100' 0' 200' �II`NII
NOTE. FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS. SCALE i' -
REFERENCE IS MADE TO 'HE MAPS OF THE SAN BERNARDINO COUNTY ASSESSOR OF 200'
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6071-• JANUARY 199A R C E 150556 OF ----------------
SAN BERNARDINO COUNTY RECORDER
FEE ---------------
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE MAKING OF AMENDED
ASSESSMENTS UNDER PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND
3 DIRECTING ACTIONS WITH RESPECT THERETO. ASSESSMENT DISTRICT NO. 961-R.
4 WHEREAS, Pursuant to the Municipal Improvement Act of 1915 and
5 Resolution of Intention No. 86-421 adopted October 20, 1986, special
6 assessments were confirmed to pay the costs of the acquisitions and
7 improvements as more particularly described in said Resolution. Said
8 assessments are set forth on an Assessment and a Diagram, heretofore
9 confirmed by the Mayor and Common Council and filed and recorded with the
10 Director of Public Works/City Engineer of the City of San Bernardino and the
11 County of San Bernardino, and
12
13 WHEREAS , certain parcels of land designated as Diagram and
Reassessment Numbers 13R-B, 16R-A, 16R-B, 16R-C, 16R-F, 16R-G, 17R-A, 17R-B,
14
15 17R-C, 35R-A, 35R-B, 35R-C, 35R-D, 35R-E, 35R-F and 35R-G upon which there
are unpaid reassessments against which bonds have been issued under the
16
17 Improvement Bond Act of 1915, have been divided so that they no longer
conform to the original parcel boundaries as shown on said reassessment
18
diagram;
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
21 CITY OF SAN BERNARDINO THAT:
22
23 SECTION 1. The Director of Public Works/City Engineer of the City of
24 San Bernardino shall cause to be filed with the City Clerk a report and an
25 amended reassessment and diagram of Diagram and Reassessment Numbers 13R-B,
26 16R-A, 16R-B, 16R-C, 16R-F, 16R-G, 17R-A, 17R-B, 17R-C, 35R-A, 35R-B, 35R-C,
27
28
2-14-94
r
RESOLUTION ORDERING AMENDED ASSESSMENTS
1 35R-D, 35R-E 35R-F and 35R-G segregated and apportioning the unpaid
2 installments of the original reassessments in accordance with the benefits to
3 the several parts of the original parcels plus costs and fees of making such
4 apportionments.
5
6 SECTION 2. The total costs and fees for preparing the amended
7 assessment, notices, diagram and auditor's records are hereby fixed at
53,050.00.
8
9 SECTION 3. The Director of Public Works/City Engineer is hereby
10 directed to notify the owner of the original (undivided parcel) of land that
11 such owner may within fifteen (15) days after the date of the notification,
12 pay all costs and fees of the apportionment to the Director of Public
13 Works/City Engineer and that if such payment is not made within the fifteen
14 days, the costs and fees, separately stated, shall be assessed to the amended
15 assessment for each divided parcel. Such Notification shall be by first
16 class mail and failure of the assessed owner to receive such notice shall in
17 no way invalidate further proceedings hereunder.
18
19
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21
22
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24
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2-14-94 2
RESOLUTION ORDERING AMENDED ASSESSMENTS
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof, held on the day of 1994, by the
4 following vote, to wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14 City Clerk
15 The foregoing resolution is hereby approved this day of
16 1994.
17
18 Tom Minor , Mayor
19 City of San Bernardino
20 Approved as to
form and legal content:
21
JAMES F. PENMAN,
22 City Attorney
23
By:
24
25
26
27
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2-14-94 3
1 RESOLUTION NO.
: 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING PRELIMINARY AMENDED
ASSESSMENT, ORDERING HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO.
3 ASSESSMENT DISTRICT NO. 961-R.
4 WHEREAS, the Mayor and Common Council heretofore adopted Resolution
5 No. a Resolution of the City of San Bernardino Ordering the
6 Making of Amended Assessments Under Part 10 of Division 10 of the Streets and
7 Highways Code and Directing Actions With Respect Thereto for Assessment
8 District No. 961-R, in which an amended reassessment was referred to the
9 Director of Public Works/City Engineer for the purpose of making and filing
10 a report in writing under and pursuant to the Part 10 Division 10 of the
11 Streets and Highways Code of California: and
12 WHEREAS, said Report has been filed and duly considered by this
13 Council.
14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
15 CITY OF SAN BERNARDINO THAT:
16
17 SECTION 1. The amended diagram showing the amended reassessment and
18 dimensions of the respective amended subdivisions of land with respect to
19 said reassessment is sufficient and is hereby preliminarily approved.
20 SECTION 2. The reassessment of the total amount of the costs and
21 expenses of the proposed amended reassessment upon the several amended
22 subdivisions of land in proportion to the estimated benefits to be received
23 by said amended subdivisions, respectively, and of the expenses incidental
24 thereto are sufficient and are preliminarily approved.
25 SECTION 3. Said report shall stand as the Engineer's Report for the
26 purpose of all subsequent proceedings herein.
27
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2-14-94 *0,b
r
RESOLUTION APPROVING AMENDED ASSESSMENT - ORDERING HEARING
' 1 SECTION 4. April 4, 1994 at the hour of 10:00 o'clock A.M. , in the
2 Council Chambers of the City- of San Bernardino, be and the same is herebv
3 appointed and fixed as the time and place when and where anv objections or
4 protests to said amended reassessment will be heard and considered and said
5 Mayor and Common Council will finally determine whether the public interest,
6 convenience and necessity require said amended reassessment, and when and
7 where it will consider and finally act upon said Engineer' Report.
8 SECTION 5. The City Clerk shall cause notice of said hearing to be
9 given by publication once a week for two consecutive weeks in a newspaper
10 published and circulated in the City of San Bernardino . The first
11 publication of said notice shall be completed at least fifteen (15) days
12 before the date herein set for said hearing. Said notice shall be headed
13 "Notice of Hearing on Amended Assessment" and shall state the filing of said
14 report, the date, hour and place set for and purpose of the hearing on said
15 report and of protests , a brief description of the proposed amended
16 reassessment, that any person interested in the original reassessment or in
17 the lands affected or in the bonds secured thereby may appear and protest as
18 provided in Part 10 of Division 10 of the Streets and Highways Code of
19 California , and that reference is made to said report for further
20 particulars.
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2-14-94 2
RESOLUTION APPROVING AMENDED ASSESSMENT - ORDERING HEARING
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2 Mayor and Common Council of the City of San Bernardino at a
3 meeting thereof, held on the day of 1994, by the
4 following vote, to wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14 City Clerk
15 The foregoing resolution is hereby approved this day of
16 1994.
17
18 Tom Minor , Mayor
City of San Bernardino
19
20 Approved as to
form and legal content:
21
JAMES F. PENMAN,
22 City Attorney
23
24 By:
25
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2-14-94 3