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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,
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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
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Contact person:
Verne J, Nadeau
Phone:
384-5026
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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
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Finance:
'ouncil Notes:
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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
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RESOLUTION NO,
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RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING
3 INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A
PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE
4 THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING
5 FOR THE ISSUANCE OF BONDS
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DOES HEREBY RESOLVE THAT:
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SECTION 1.
The public interest and convenience require,
9 and it is the intention of this body, pursuant to the provisions
10 of Division 12 of the Streets and Highways Code of the State of
11 California (the "Municipal Improvement Act 1913"), to order the
12 acquisition of certain public improvements, together with appur-
13 tenances and appurtenant work, in a special assessment district
14 known and designated as ASSESSMENT DISTRICT NO, 977A (herein-
15 after referred to as the "Assessment District"),
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DESCRIPTION OF IMPROVEMENTS
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SECTION 2,
The improvements to be acquired and financed
18 under these proceedings are generally described as the acquisi-
19 tion and/or construction of certain street improvements, storm
20 drains, sewer improvements and water improvements, together with
21 appurtenances and appurtenant work, to serve and benefit proper-
22 ties located within the boundaries of the Assessment District,
23 DESCRIPTION OF ASSESSMENT DISTRICT
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SECTION 3,
That said improvements and work to be acquired
25 are of direct benefit to the properties and land within the
26 Assessment District, and this legislative body hereby makes the
27 expenses of said work, improvements and acquisition chargeable
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RESOLUTION O' 1NTENTION, ASSESSMENT DIS~ ~CT NO, 977A
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2 upon a district, which said Assessment District is hereby
3 declared to be the Assessment District benefited by said work
4 and improvements and to be assessed to pay the costs and
5 expenses thereof, including incidental expenses and costs and
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which is descrLbed as follows:
All that certain territory in the District
included within the exterior boundary lines shown on the plat
exhibiting the property affected or benefited by or to be
assessed to pay the costs and expenses of said
acquisition in
the Assessment District,
said map titled and identified as
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO, 977A", and which
map was heretofore approved and which said or diagram is on file
with the transcript of these proceedings, EXCEPTING therefrom
the area shown within and delineated upon said map or plat
hereinabove referred to, the area of all public streets, public
avenues, public lanes, public roads, public drives, public
courts, public alleys, and all easements and rights-of-way
therein contained belonging to the public,
For all particulars
as to the boundaries of the Assessment District, reference is
hereby made to said boundary map heretofore previously approved,
and for a complete description of said Assessment District, the
said plat and proposed boundary map on file shall govern,
REPORT OF ENGINEER
SECTION 4,
That this proposed acquisition is hereby
referred to GFB-FRIEDRICH & ASSOCIATES, INC" the duly appointed
Assessment Engineer, who is hereby directed to make and file the
report in writing containing the following:
12/26/89
RESOLUT~ J OF INTENTION, ASSESSMEN'l ..iISTRICT NO, 977 A
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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 proceedings,
When any portion or percentage of the cost and
expenses of the acquisition is to be paid from sources other
than assessments, the 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
said
assessment
remainder of the estimated costs and expenses.
shall refer to said subdivisions by their respective
assigned pursuant to Subsection D, of this section.
numbers as
12/26/89
RESOLUTIO> ~F INTENTION, ASSESSMENT r-STRICT NO, 977A
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BONDS
SECTION 5.
Notice is hereby given that bonds to represent
the unpaid assessments, and bear interest at the rate of not to
exceed the current legal maximum rate of 12% per annum, will be
issued hereunder in the manner provided in the "Improvement Bond
Act of 1915", being Division 10 of the Streets and Highways Code
of the State of california, which bonds shall mature a maximum
of and not to exceed NINETEEN (19) YEARS from the second day of
September next succeeding twelve (12) months from their date,
The provisions of Part 11.1 of said Act, providing an alterna-
tive procedure for the advance payment of assessments and the
calling of bonds shall apply.
The principal amount of the bonds maturing each
year shall be other than an amount equal to an even annual
proportion of the aggregate principal of the bonds, and the
amount of principal maturing in each year, plus the amount of
interest payable in that year, will be generally an aggregate
amount that is equal each year, except for the first year's
adjustment,
Pursuant to the provisions of the streets and
Highways Code of the State of California, specifically section
10603, the Treasurer is hereby designated as the officer to
collect and receive the assessments during the cash collection
period.
Said bonds further shall be serviced by the Treasurer
or designated Paying Agent,
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 6. That except as herein otherwise provided for
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RESOLU~~ON OF INTENTION, ASSESSME~. DISTRICT NO, 977A
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2 the issuance of bonds, all of said improvements shall be made
3 and ordered pursuant to the provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California.
SURPLUS FUNDS
SECTION 7.
That if any excess shall be realized from the
assessment, it shall be used, in such amounts as the legislative
body may determine, in accordance with the provisions of law for
one or more of the following purposes:
A, Transfer to the general fund; provided that
the amount of any such transfer shall not exceed the lesser of
One Thousand Dollars ($1,000,00) or five percent (5%) of the
total from the Improvement Fund;
B, As a credit upon the assessment and any
supplemental assessment; or
C, For the maintenance of the improvement.
SPECIAL FUND
SECTION 8.
The legislative body hereby establishes a
special IMPROVEMENT FUND identified and designated by the name
of this Assessment District, and into said Fund monies may be
transferred at any time to expedite the making of the acquisi-
tion herein authorized, and any such advancement of funds is a
loan and shall be repaid out of the proceeds of the sale of
bonds as authorized by law.
26 PROCEEDINGS INQUIRIES
27 SECTION 9, For any and all information relating to these
28 proceedings, including information relating to protest proce-
dure, your attention is directed to the person designated below:
12/26/89
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RESOLTlTION OF INTENTION, ASSESSMr.'NT DISTRICT NO, 977A
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VERNE NADEAU, REAL PROPERTY SUPERVISOR
CITY OF SAN BERNARDINO
300 NORTH "0" STREET
SAN BERNARDINO, CA 92418
TELEPHONE: (714) 384-5111
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PUBLIC PROPERTY
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SECTION 10,
All public property in the use and performance
7 of a public function shall be omitted from assessment in these
8 proceedings unless expressly provided and listed herein,
9 ACQUISITION
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SECTION 11.
That the public interest and convenience and
11 the statute authorizes the acquisition of those improvements as
12 described in this Resolution, and said improvements are in exis-
13 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
15 works of improvement, reference is made to the previously
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approved Acquisition/Financing Agreement, as approved by
this
17 legislative body, a copy of which is on file with the transcript
18 of these proceedings,
19 NO CITY LIABILITY
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SECTION 12,
It is hereby further determined and declared
21 that the City will not obligate itself to advance any available
22 funds from the Treasury to cure any deficiency or delinquency
23 which may occur in the bond redemption fund by failure of
24 property owners to pay annual special assessments,
This determi-
25 nation shall be clearly set forth and stated in the title of the
26 bonds to be issued pursuant to these proceedings as authorized
27 and required by Section 8769 of the Streets and Highways Code of
28 the State of California,
12/26/89
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RESOLUTION \
INTENTION, ASSESSMENT DH ,leT NO, 977A
PETITION
SECTION 13,
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 State of California, the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931",
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 14,
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
California, said annual assessment to pay costs incurred by the
City and not otherwise reimbursed which result from the adminis-
tration 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 Mayor and Common Council of the City of San
Bernardino at a
on the
meeting thereof, held
1990, by the
day of
following vote, to wit:
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12/26/89
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RESOLUTION r- INTENTION, ASSESSMENT DIpm~ICT NO, 977A
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AYES: Council Members
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NOES:
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ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this
day of
, 1990,
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W, R, Holcomb, Mayor
City of San Bernardino
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18 Approved as to form and legal content:
19 James F, Penman
City Attorney
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12/26/89