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HomeMy WebLinkAbout13-Public Works CITY OF SAN BERt, .RDINO~EQUEST Fi;;C~;~CIL ACTION From: roGER G, HARDGRAVE, Director _ept: Public WOrks/Engineering Subject: Resolution of Intention and others, cajon & June Acquisition Assess, Distr, (AD 977) Date: January 3, 1990 8-7-89 Resolutions approving Bond Counsel, Underwriter and Assessment Engineer were adopted, , .......1 , '. , c.-, . ~- (~:; . ..~.... '- ::.':" :1: ..,., . c.':. "'r-; -, \ Synopsis of Previous Council action: 5-15-89 Authorization to proceed was given to the City Engineer and City Clerk to proceed, Recommended motion: Adopt the Resolutions as follows: cc: Resolution Making Findings on Petition Resolution Making Appointments Resolution Adopting Proposed Boundary Map Resolution of Intention Resolution Passing on "Report" and Setting Public Hearing, Marshall Julian, City Administrator ]A ~ James Penman. City Attorney -L ~ ~ James RichardSo~, Dept, ,City Adm, Dev, . ~(. ____- Andrew Green, F1nance D1rector ----------- ------- ----- Sign e ~ Contact person: Verne J, Nadeau Phone: 384-5026 6 Supporting data attached: Staff Report, Map Ward: FUNDING REQUIREMENTS: Amount: $741,000,00 Source: (Acct. No.) 251-651-53925 (Acct. Description) To be rerouped through assessrrents, Assess,District No, 977 'I) /2t ~' Finance: 'ouncil Notes: ./~/~ Agenda Item NO~ Ib CITY OF SAN BERW . ,RDINO - REQUEST r )R COUNCIL ACTION STAFF REPORT The Council did previously authorize the proceedings to go forward for the formation of a special assessment district to allow for the public financing of the subdivi- sion improvements to be constructed within City subdivision Tracts 14184 and 14185. At this time a petition has been submitted formally requesting the initiation of the proceedings and the attached Resolutions would formally allow the initiation of said proceedings, The developer has completed the construction of the first phase of the improvements and all documentation has been prepared to allow the initiation of the proceedings and the setting of the time and place for the public hearing, The public hearing is proposed to be held on March 5, 1990, Upon the conclusion of the public hearing, bonds can be sold and the property owner would then be reimbursed for those public improvements previously installed in these proceedings, At a subsequent time, a second subdistrict would then be formed for the balance of the subdivision improve- ment, and again similar documentation would be prepared through the preparation of the Engineer's "Report", The second public hearing would be held, bonds would then be sold and the developer again would be reimbursed for the remainder of the facilities, 1-03-90 75,0264 , , i , , i: :i . ~ ; . ~ . .. 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T S n ..:" ..::: t ~~}.#_/ "'I ----:::. -"..- _ ~." ~v'\ ~. il' :II \) ila 1 2 RESOLUTION NO, 3 RESOLUTION OF THE CITY OF SAN BERNARDINO MAKING APPOINT- MENTS IN A SPECIAL ASSESSMENT DISTRICT 4 WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, 5 CALIFORNIA, is considering the formation of a special assessment 6 district, pursuant to the terms and provisions of the "Municipal 7 Improvement Act of 1913", being Division 12 of the Streets and 8 Highways Code of the State of California, for the acquisition of 9 certain public works of improvement, together with appurtenances 10 and appurtenant work, said special assessment district to be 11 known and designated as ASSESSMENT DISTRICT NO, 977A (herein- 12 after referred to as the "Assessment District"); and, 13 WHEREAS, at this time, this legislative body is desirous of 14 making the required appointments and designating persons to 15 perform certain duties, in order to allow the proceedings to go 16 forward to completion in accordance with the provisions of law, 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 18 COUNCIL OF THE CITY OF SAN BERNARDINO THAT: 19 That the above recitals are all true and SECTION 1, 20 correct, 21 That the place for recordation of the assess- SECTION 2, 22 ment roll and diagram shall be in the Office of the superinten- 23 dent of Streets, and said assessment roll and diagram, upon 24 recordation, shall be kept as a permanent record, 25 That the SAN BERNARDINO SUN is hereby desig- SECTION 3. 26 nated as the newspaper for all publications as required by law 27 and as necessary for completion of this Assessment District, 28 12/26/89 /~ RESOT "TION MAKING APPOINTMENTS, 'SSESSMENT DIST.,_CT NO. 977A 1 2 SECTION 4, That GFB-FRIEDRICH & ASSOCIATES, INC, is hereby 3 appointed the Assessment Engineer for said proceedings, and said 4 Assessment Engineer shall perform all of the duties and responsi- 5 bilities as set forth by law as they relate to said Assessment 6 District. 7 SECTION 5, That BROWN & DIVEN, Attorneys at Law, is hereby 8 appointed to act as Bond Counsel for the purposes of preparing 9 proceedings and issuing an approving opinion attesting to the 10 validity of the proceedings and the enforceability of the bonds, 11 SECTION 6. That BATEMAN EICHLER, HILL RICHARDS INCOR- 12 PORATED is specifically selected as Underwriter for the purposes 13 of purchase and sale of the improvement bonds to be issued in 14 order to finance said proceedings, said bonds are to be issued 15 pursuant to the terms and provisions of the "Improvement Bond 16 Act of 1915", being Division 10 of the Streets and Highways Code 17 of the State of California, 18 SECTION 7, That this legislative body hereby establishes a 19 special IMPROVEMENT FUND designated by the name and number of 20 the Assessment District. and into said fund shall be placed all 21 proceeds from the sale of bonds and cash collections, In order 22 to expedite the acquisition under these proceedings and as autho- 23 rized by law, funds from any available source may be transferred 24 into said special fund, Any funds transferred are a loan to the 25 fund and shall be repaid out of the proceeds of the sale of 26 bonds, all as required and authorized by law, and specifically 27 Section 10210 of the Streets and Highways Code of the State of 28 California, 12/26/89 RESOLU~TON MAKING APPOINTr~NTS, A~~~SSMENT DISTRI, NO, 977A 1 2 I HEREBY CERTIFY that the foregoing resolution was duly 3 adopted by t he Mayor and Common Council of the City of San 4 Bernardino at a meeting thereof, held 5 on the day of 1990, by the 6 following vote, to wit: 7 8 AYES: Council Members 9 10 NOES: 11 ABSENT: 12 13 14 City Clerk 15 16 17 The foregoing resolution is hereby approved this 18 day of 1990, 19 20 21 22 W, R, Holcomb, Mayor City of San Bernardino 23 24 Approved as to form and legal content: 25 James F, Penman City Attorney 26 By: ~~?- ?c~ ,{/ 27 28 12/26/89