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HomeMy WebLinkAbout25-Public Works . ~ ~ I 10 11 1 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE 3 ASSESSMENT, ORDERING THE ACQUISITION MADE, TOGETHER WITH APPURTE- NANCES, AND APPROVING THE ENGINEER'S "REPORT" FOR ASSESSMENT 4 DISTRICT 977A WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, 2 5 CALIFORNIA, did, on the 22nd day of January, 1990, adopt its 6 Resolution of Intention for the acquisition of certain public 7 works of improvement, together with appurtenances and appurte- 8 nant work, in a special assessment district known and designated 9 as ASSESSMENT DISTRICT NO. 97711. (hereinafter referred to as the "Assessment District"); and, WHEREAS, this legislative body is further desirous to 12 accept the works of improvement as installed and subject to 13 acquisition under these proceedings; and, 14 WHEREAS, pursuant to said Resolution of Intention, a 15 "Report", as therein provided, was presented, considered and 16 approved; and, 17 said "Report", as preliminarily approved, WHEREAS, 18 contained all the matters and items called for by law and as 19 pursuant to the provisions of the "Municipal Improvement Act of 20 1913", being Division 12 of the streets and Highways Code of the 21 State of California, including the following: 22 1. Estimate of cost; 23 2. Diagram of Assessment District; 24 3. An assessment according to benefits; 25 4. A description of the works of improvement to be 26 acquired; and, 27 I I 28 II 2/12/90 ~5 . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION CONFIRMING ASSL aMENT WHEREAS, all protests have been heard and considered and a full hearing has been given, all in the manner provided by law; and, WHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affidavits on file with the transcript of these proceedings; and, WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the project did not file written protests against the said proposed acquisition and this after providing a full hearing, all protests and objections were overruled and denied; and, WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in the "Report" as now updated and submitted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: RECITALS SECTION 1. The above recitals are all true and correct. SECTION 2. PROTESTS All protests and object.ions of every kind and nature be, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one-half of the area of property to be assessed for said acquisition of improvements within said Assessment District. II 2/12/90 . . ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION CONFIRMING Ar~ESSMENT SECTION 3. It BENEFITS RECEIVED is hereby determined that of the Assessment District all properties receive a local within the boundaries and direct benefit from the acquisition of the works of improve- ment as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. PUBLIC INTEREST AND CONVENIENCE SECTION 4. The public interest and convenience require the proposed acquisition be made, and therefore it is hereby ordered that the work to be acquired, together with appurtenances and appurtenant work in connection therewith, including acquisition of easements where appropriate, in said Assessment District, as 17 set forth in the Resolution of Intention previously adopted and 18 19 20 21 22 23 24 25 26 as set forth in the "Report" presented and considered, and as now submitted. CONFIRMATION OF ASSESSMENT SECTION 5. The "Report", as now updated and submitted, consisting of the assessment and diagram for the acquisition, together with appurtenances and appurtenant work in connection therewith, including acquisition of easements where appropriate, is hereby confirmed. The assessments contained in the final 27 Engineer's "Report" are hereby levied and approved as follows: 28 1/ 2/12/90 . . . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RE 'LUTION CONFIRMING ASSESSW T A. The final assessments to represent the costs and expenses to finance the acquisition of the public works of improvement, as authorized for these proceedings. B. The annual assessment to pay for administra- tive costs in amount not to exceed the maximum annual assess- an ment as set forth in said "Report". RECORDATION OF ASSESSMENT SECTION 6. The City Clerk shall forthwith deliver to the Superintendent of Streets the said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date 17 thereof; and that said Superintendent of Streets shall then immediately record said diagram and assessment in his Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. COUNTY RECORDER NOTICE 18 SECTION 7. Upon confirmation of the assessments and 19 recordation of the assessment roll and diagram, a certified copy 20 21 22 23 24 25 26 27 of the assessment diagram shall be immediately filed in the Office of the county Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the Office of the county Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and High\olays Code of the State of California. MAILED NOTICE SECTION 8. Said Superintendent of Streets, upon the record- 28 i n g 0 f s aid d i a g r am and ass e ssm e nt, s h a 11 m ail toe a c how n e r 0 f 2/12/90 . ~ .. ; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION CONFIRMING ASSESSMENT real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County or on file in the Office of the City Clerk, or to both addresses if said address 'is not the same, or to General Delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the "Improvement Bond Act of 1915". PUBLICATION SECTION 9. Said Superintendent of Streets shall also give 17 notice by publishing a copy of a notice of recording of assess- ment in the newspaper previously selected to publish all notices as provided by law, giving notice that said assessment has been recorded in his Of f ice, and that all sums assessed thereon are due and payable immediately, and that the payment of said sume is to be made within thirty (30) days after the date of record- ing the assessment, which date shall be so stated in saie notice, and of the fact that securities will be issued upor unpaid assessments. 18 19 20 21 22 23 24 25 26 ASSESSMENT COLLECTION SECTION 10. The County Auditor is hereby authorized and Section 8682 0: directed, in accordance with the provisions of 27 the Streets and Highways Code of the State of Cal ifornia, tl 28 enter into his assessment roll on which property taxes will nex 2/12/90 . . . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 r 'OLUTION CONFIRMING ASSESS ~T become due, opposite each lot or parcel of land affected, in a space marked "public improvement assessment" or by other suit- able designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that said entry then shall be made each year during the life of the bonds for the proceedings for the above-referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best interests for bondholders of the Assessment District, this legislative body may, by Resolution, designate an official other than the County Tax Collector and/or other agent, to collect and maintain records of the collection of the assess- ments, including a procedure other than the normal property tax 17 collection procedure. 18 19 20 21 22 23 24 25 26 SECTION 11. In accordance with the provisions of section 8685 of the streets and Highways Code, if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as "unknown owners", and extend the proper installment opposite the same. 27 II 28 II 2/12/90 ) ~ } j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION CONFIRMING ASSESSMENT ASSESSMENT VERIFICATION STATEMENT SECTION 12. The County Auditor shall, within 90 days after any special assessment installment becomes delinquent, render and submit a detailed report showing the amounts of the install- ments, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delin- quent and the amount and length of time for said delinquency, and further set forth a statement of percentages retained for the expenses of making such collections. This request is speci- fically made to the authorization of Section 8683 of the Streets and Highways Code of the State of California. ASSESSMENT DISTRICT FUNDS SECTION 13. The Treasurer is hereby authorized at this time, if not previously done, to establish the following funds 17 as necessary for the payment of costs and expenses and adminis- 18 19 20 21 22 23 24 25 26 27 28 tration of the proceedings for this Assessment District: A. IMPROVEMENT FUND: All monies received from cash collection, proceeds from the sale of bonds and applicable contributions shall be placed into the Improvement Fund. B. RESERVE FUND: All monies as designated to assist in the payment of delinquencies shall be placed into the Reserve Fund. C. REDEMPTION FUND: All monies received from the payment of assessments shall be placed in the Redemption Fund. 2/12/90 )- J. l } RESOLUTIUi~ \....Ul~.r l.N.'u."'" r>.:>;:),L;:).:H'.....'. 1 2 For particulars as to the administration and 3 handling of the Funds, the specific terms and conditions shall 4 be set forth in the Bond Indenture and approved through the 5 Resolution Authorizing the Issuance of Bonds. 6 I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor and Common Council of the City of San 8 Bernardino at a meeting thereof, held 9 on the day of 1990, by the 10 following vote, to wit: 11 12 AYES: Council Members 13 14 NOES: 15 ABSENT: 16 17 City Clerk 18 is hereby approved this 1990. The foregoing resolution day of 19 20 21 W. R. Holcomb, Mayor City of San Bernardino 22 23 Approved as to form and legal content: 24 James F. Penman City Attorney 25 27 /1 By:,Mvvu.!.' II 0 -:1 II~~- ..:J 26 28 II 2/12/90