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HomeMy WebLinkAbout27-Public Works CI~9oF SAN BERNARDI~ Fi/~J.lt.MAO.'::'('; . - REQUEOr FOR COUNCIL AC-Q:)N Dept: Public w:>rks/Engineering Subject: Resolution of Intention and others; Assessrent District No. 977B From: ROGER E. HARDGRAVE, Director Date: January 3,,' 1991' Synopsis of Previous Council action: 5/15/89 Authorization to prooeed was given to the City Engineer and City Clerk. 8/7/89 Resolutions approving Bond Counsel, Underwriter and Assessrent Engineer ~e adopted. I, " Recommended motion: Adopt resolutions. CC: Shauna Edwins, City Administrator James Pennan, City Attorney ~,ff~ Andrew Green, Finance Director Contact person: Verne J. Nadeau Phone: 384-5026 Supporting data attached: !':T"ff R"'P'"'rT. Mqp Ward: Ii FUNDING REQUIREMENTS: Amount: $1,015,000.00 Source: (Acct. No.! 251-651-53925 To be reex>uped through assessrents. (Acct. DescriPtion) Assess.District No. 977 / -U /l~/ Finance: Council Notes: e:l./i~ , AQenda Item N~~ ,;l. L . CI~QOF SAN BERNARDI-'O - REQUEQ FOR COUNCIL AC10tN STAFF REPORT I The Council did previoosly auth::>rize the proceedings to go fo:rward for the fonnation of a special assessnent district to allow for the public financing of the subdivision iroprovenents to be ronstructed within City subdivision Tracts 14184 and 14185, in two phases, i.e., Assessnent District No. 977A and Assessnent District No. 977B. Proceed- ings for Assessnent District No. 977A have been successfully cx:nq:>leted, and the attached Resolutions would fonnally allow the initiation of proceedings for the seoond tilase, i.e., Assessnent District No. 977B. TtE developer has oonpleted the construction of the second phase of the :iIlprovements and all ooc:urrentation has been prepared to allow the initiation of the proceedings and the setting of the tine and place for the public tEaring. The public hearing is proposed to I:e held on March 4, 1991. Upon the ccnclusion of the public hearing, tonds can be sold and the prcperty owner would then be reimb.Jrsed for th::>se public :iIlprovements previously installed in these proceedings. 75.0264 " 0 . ll'c:'l ~~ R; ~ -= z- ('lr'l :: c II ..! ... ;i " ~ .. .. " . i E . Ii o II ! I . i ~ il .. o , e ~ --~y o 0 '; '_M' !" . .UlnO:) lW10:l ...., z o m ~'lli!lll: !n I"II~ "I ill I !lil'll' ~I 'Ib 11(11 "I I' !ll;*. ~I.II; lei Irllilil cl ill'I".111 ~I · ail Iii II Ij !~ !'lr!ll!i!III!1 i - ! Ii ~;,il!ii I I ./>. . - . 0> , 0\ :: . .... .. B 0 f?\!.. = ~! ! . ill H. ~ iii ~ . ! ! I im n ;u il '~I ' Iii ; ill ~! lIE I it I ; d 01 I ~ ! . o . :--= ~ J l 0, . . . II , J . J J I I I II I I , I : I I '0 '" U I ~ ~g ~~I ;;rl.!i !nl!i ! ... . ~ , I ~ . . ~i~."",,_.m " 0 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 . o o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING INTEN- TION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), to order the acquisition of certain public improvements, ~ogether with appur- tenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. ~77B (herein- after referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS The improvements to be acquired and financed under these proceedings are generally described as street improvements, including paving, curb and gutter, street lights, storm drain improvements, sewer and water improvements, together with appurtenances and appurtenant work, to serve and benefit properties located wihtin the boundaries of the Assessment District. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work to be acquired are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the 1/3/91 ~7 __..-,.,..;.,c..}f'-"" .. . '0 o REf"'I.UTION :? I~TENTION FOR 0 I AS~SS~mNT :ISTRICT NO. 977B 1 expenses of said work, . improvements and acc::uisi,,;ion chargeable 2 upon a district, which said Assessment :istrict is hereby 3 declared to be the Assessment District benefited by said work 4 and improvements and to be assessed to ,ay the costs and 5 expenses thereof, including incidental expenses and costs and 6 which is described as follows: 7 All that certain territor~. in the District 8 included within the exterior boundary lines shown on the plat 9 exhibiting the property affected or benefited by or to be 10 acquisition in assessed to pay the costs and expenses of said 11 the Assessment District, said map titled and identified as 12 "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT ,10. 977B", and which 13 map was heretofore approved and which said map or "diagram is on 14 file with the transcript of these proceedings, EXCEPTING there- 15 from the area shown within and delineated upon said map or plat 16 hereinabove referred to, the area of all public streets, public 17 avenues, public lanes, public roads, public drives, public 18 courts, public alleys, and all easements and rights-of-way 19 therein contained belonging to the public. For all particulars 20 as to the boundaries of the Assessment District, reference is 21 hereby made to said boundary map heretofore previously approved 22 and on file. 23 REPORT OF ENGINEER 24 SECTION 3. That this proposed acquisition is hereby 25 referred to GFB-FRIEDRICH & ASSOCIATES, INC., who is hereby 26 directed to make and file the report in writing containing the 27 following: 28 ""'~.-""~"',-:'- . . 0 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 - o RESOLUTI~OF I~7~~TIC~ FOR ASSESSMENT DISTRICT ::0. 977B o 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 proc.edings. When any portion or percentage of the cost and expenses of the acquisition is to be paid from sources other than assessments, ~he 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 remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant ~o Subsection D. of this Section. , .0 ~b'","".o.',~,"" o RESOLUjli\ON OF :::TE:::'ION FOR ASSES~T DIST~IC:' ~O. 977B o 1 BONDS 2 Notice is ~ereby given that bonds to represent SECTION 4. 3 the unpaid assessments, and bearing interest at -:he rate of not 4 to exceed the current legal maximum rate of :2\ ;:oer annum, will 5 be issued hereunder in the manner provided in the "Improvement 6 Bond Act of 1915", being Division 10 of the Streets and Highways 7 Code of the state of California, which bonds shall mature a 8 maximum of and not to exceed NINETEEN (19) YEARS from the second 9 day of September next succeeding twelve (12) months from their 10 The provisions of Part 11.1 of said Ac"o, providing an date. 11 alternative procedure for the advance payment of assessments and 12 the calling of bonds shall apply. 13 The principal amount of the bond~ maturing each 14 year shall be other than an amount equal to an even annual 15 proportion of the aggregate principal of the bonds, and the 16 amount of principal maturing in each year, plus the amount of 17 interest payable in that year, will be generally an aggregate 18 amount that is equal each year, except for the first year's 19 adjustment. 20 Pursuant to the provisions of the streets and 21 Highways Code of the State of California, specifically Section 22 10603, the Treasurer is hereby designated as the officer to 23 collect and receive the assessments during the cash collection 24 Said bonds further shall be serviced by the Treasurer period. 25 or designated Paying Agent. 26 II 27 II 28 J .0 ~~,=" o OO:[NTENTIO~ DISTRICT XO. =~R 977B o RESOLUTION ASSESSMENT 1 2 "MUNICIPAL IMPROVEMENT ACT OF :913" 3 SECTION 5. That excep.t as herein otherwise provided for 4 the issuance of bonds, all of said improvements shall be made 5 and ordered pursuant to the provisions of the "Municipal Improve- 6 ment Act of 1913", being Division 12 of the Streets and Highways 7 Code of the State of California. 8 SURPLUS FUNDS 9 SECTION 6. That if any excess shall be realized from the 10 assessment, it shall be used, in such amounts as the legilllative 11 body may determins, in accordance with the provisions of law for 12 one or more of the following purposes: 13 A. Transfer to the general fund; provided that 14 the amount of any such transfer shall not exceed the lesller of 15 One Thousand Dollars ($1,000.00) or five percent (5\) of the 16 total from the Improvement Fund; 17 B. As a credit upon the assessment and any 18 supplemental assessment; or 19 C. For the maintenance of the improvement. 20 SPECIAL FUND 21 SECTION 7. The legilllative body hereby establishes a 22 special IMPROVEMENT FUND identified and designated by the name 23 of this Assessment District, and into said Fund monies may be 24 transferred at an,' time to expedite the making of the acquisi- 25 tion herein authorized, and any such advancement of funds is a 26 loan and shall be repaid out of the proceeds of the sale of 27 bonds as authorized by law. 28 I Q ~ ~, ~"-"' IL I o RESOLUTO ASSESSMENT OF I":'E,,TION FOR DISTRICT ::0. 977B o 1 2 PROCEEDINGS INQUIRIES SECTION 8. For any and all informatio", relating to these 3 4 prooeedings, inoluding information relating to protest prooe- 5 dure, your attention is directed to the person designated below: 6 VERNE NADEAU, REAL PROPERTY SUPERVISOR CITY OF SAN BERNARDINO 300 NORTH "D" STREET SAN BERNARDINO, CA 92418 TELEPHONE: (714) 384-5026 7 8 PUBLIC PROPERTY 9 10 SECTION 9. All publiC property in the use and performanoe 11 of a publio funotion shall be omitted from assessment in these 12 proceedings unless expressly provided and listed herein. 13 ACQUISITION 14 SECTION 10. That the public interest and convenienoe and 15 the statute authorizes the acquisition of those improvements as 16 described in this Resolution, and said improvements are in exis- 17 tence and have been installed in place prior to the date of 18 adoption of this Resolution. For a general description of the 19 workSl of improvement, reference i. made to the previously 20 approved Acquisition/Financing Agreement, as approved by this 21 legislative body, a copy of which is on file with the transoript 22 of these proceedings. 23 NO CITY LIABILITY 24 SECTION 11. The legislative body further declares not to 25 obligate itself to advance any available funds from the Treasury 26 to cure any deficiency or delinquency whioh may occur in the 27 bond redempt ion f'..:nd. This determination is made pursuant to 28 the authorization ~f Section 8769{b) of the Streets and Highways . , O' 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 ~'^-- o RESOLUTIOQF INTE:\TIC:: FOR ASSESSMENT DISTRIC:' ::0. 977B o Code of the State of california, and said :ietermination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 1915". PETITION SECTION 12. 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 S,tate of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 13. 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 Califor- nia, said annual assessment to pay costs incurred by the City and not otherwise .reimbursed which result from the administra- ticn 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 !-layor and Common Council 'Of the City of San Bernardino at a meeting thereof, held on the day of 1991, by the following vote, to wit: . . 0 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 '" . iii o council Members: ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER J RESOLUTIOJ:)F INTE~TIC~ ASSESSMENT DISTRICT NO. AYES NAYS FOR 977B o ABSTAIN day of . 1991. City Clerk The foregoing resolution is hereby approved this W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney '" }_1 -, ,/ j~