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HomeMy WebLinkAbout35-Public Works CITY OF SAN BERtORDINO - REQUES~et)R4'~dbNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Public Hearing and Resolution Con- firming Assessment and Resolution Authorizing Issuance of Bonds --- AD 1003 (Cajon and Pepper Linden) Dept: Public Works {Engineering Dllte: . May 26, 1992 Synopsis of Previous Council action: 09-05-90 Authorization to proceed was granted and authorization was given to use same consultants used for Assessment District No. 977. 08-05-91 Resolution Nos. 91-354, 91-355 and 91-356 were adopted authorizing the execution of agreements for consultants. 05-04-92 Resolution petition, intention, adopted. Nos. 92-152, 92-153, 92-154, 92-155 and 92-156 acting on making appointments, adoption of boundary map, declaring passing on Report and setting public hearing, respectively, were Recommended motion: That the hearing be closed; and said resolutions be adopted. cc: Shauna Clark, City Administrator James Penman, City Attorney Andrew Green, Finance Director Contact person: Supporting data attached: Les Fogassy Phone: 5334 Staff Report, Map, Resolutions Ward: 6 FUNDING REQUIREMENTS: Amount: $1,183,473.49 Source: (Acct. No.1 251-685-53925 Acct. Descri tion 1003 Proceeds from Sale of Bonds. Finance: r Council Notes: 75-0262 Agenda Item No :35 CITY OF SAN BERtODINO - REQU.ST IQR COUNCIL ACTION STAFF REPORT The Cbunci.1 did previously authorize the proceedi.ry;s to go forward for the foIJDation of a special assessment district to allow for the public financing of inIlrovE!1lE!llts to I:E a:mstructed within Assessnent District No. 1003. subseqtJent thereto, the property owners were roticed as to thair estimated assessment in tha manner requi.J::ed ~ law, and notice has been given as fo11c:Ms: - MAILmG - PllBLICM'ICN - KlSTmG ON /:fJ:~'S - FILING MAP m THE: OFFICE OF THE: CXXlNl'Y ~. AOOption of tha attac:hi!d Resolutions will foma11y confirm asseSSllE!nts in this Assessment District, an:i authorize thaissuance of I:x:ln:is to finance said ittprov8lEnts, as ~1 as approved fotmS of a Ebnd lmenture, Bond Purcl1ase Agreement and Preliminary Official Statellent for the sale of said bands. 75.0264 ~- PROPOSED ASSESSIIENT DISTRICT ~ /(~ /A~/ .j.o/ ~~--- ~ .,~ IS',. Q~. ~ II: a: a. OGDEN ST. ~ (/) w ~ z W / ~ ~ -. < ~ (/) VICINITY M.AP o o 1 2 3 4 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" IN ASSESSMENT DISTRICT NO. 1003 WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, CALIFORNIA 5 has previously adopted its Resolution of Intention and initiated proceed- 6 7 ings for the installation of certain public works of improvement, together with appurtenances and appurtenant work, including acquisition where 8 appropriate, in a special assessment district pursuant to the terms and 9 10 11 12 13 provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 1003 (hereinafter referred to as the "Assessment District"); and, WHEREAS, pursuant to said Resolution of Intention, a "Report", as 14 therein provided, was presented, considered and approved; and, 15 16 17 18 19 20 21 22 23 WHEREAS, said "Report", as preliminarily approved, contained all the matters and items called for by law and as pursuant to the provisions of said "Municipal Improvement Act of 1913", including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of cost; 3. Diagram of Assessment District; 4. An assessment according to benefits; 5. A description of the works of improvement; and, WHEREAS, all protests have been heard and considered, and a full 24 hearing has been given, all in the manner provided by law; and, 25 WHEREAS, notices of said hearing were duly and regularly posted, 26 mailed and published in the time, form and manner required by law and as 27 evidenced by affidavits on file with the transcript of these proceedings; 28 and, nlli I?F. /0') RESOLUTION CONFIRMING THE ASSESSMENT, ORDERI}lIi.. THE IMPROVEMENTS APPROVING THEOnNEER'S REPORT IN ASSESSMENT VTRICT NO. 1003 MADE AND 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 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 improvements and acquisition where appropriate, and this legisla- tive body did, after providing a full hearing, overrule and deny all protests and objections; 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 AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. PROTESTS SECTION 2. That all protests and objections 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 improvements within said Assessment District. BENEFITS RECEIVED SECTION 3. That it is hereby determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assess- able costs and expenses have been apportioned and spread over the proper- ties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. PUBLIC INTEREST AND CONVENIENCE SECTION 4. That the public interest and convenience require the proposed improvements to be made, and therefore it is hereby ordered that OS/26/92 .., 1 2 . :I 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 RESOLlITION CONFIRMING THE ASSESSMENT. ORDERI~ THE IMPROVEMENTS APPROVING THE<:)GINEER'S REPORT IN ASSESSMENT \.1TRICT NO. 1003 MADE AND the work to be done and improvements to be made, together with appurte- nances and appurtenant work in connection therewith, including acquisition where appropriate, in said Assessment District, as set forth in the Resolu- tion of Intention previously adopted and as set forth in the "Report" presented and considered, and as now submitted. CONFIRMATION OF ASSESSMENT SECTION 5. That the "Report", as now updated and submitted, consist- ing of the assessment and diagram for the improvements, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, is hereby confirmed. The assessments contained in the final Engineer' s "Report" are hereby levied and approved as follows: A. The final assessments to represent the costs and expenses to finance the public works of improvement, as authorized for these proceedings. B. The annual allllellllment to pay for administrative costs in an amount not to exceed the maximum annual assessment as set forth in said "Report". RECORDATION OF ASSESSMENT SECTION 6. That the City Clerk shall forthwith deliver to the super- intendent of Streets the said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certifi- cate of such confirmation attached and the date 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. n'i I?F. Ie? 'l RESOLUTION CONFIRMING THE ASSESSMENT. ORDERI~HJ; IMPROVEMENTS APPROVING THEOINEER'S REPORT IN ASSESSMENT VTRICT NO. 1003 MADE AND 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 COUNTY RECORDER NOTICE SECTION 7. Upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy 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 Highways Code of the State of California. MAILED NOTICE SECTION 8. That upon recordation of the diagram and assessment, a notice shall be mailed to each owner of real property within the Assess- ment District at his last known address, as said address appears on the last equalized tax rolls of the County, said notice to set forth a state- ment containing a designation of the property assessed, as well as the amount of the final confirmed assessment, and further indicating that bonds will be issued pursuant to the "Improvement Bond Act of 1915". PUBLICATION SECTION 9. That notice shall also be given by publication in the designated legal newspaper, said notice setting forth the amount of the final assessment and indicating that said assessment is now due and payable, and further indicating that if said assessment is not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law. No publication shall be required if all (100%) of the assessed property owners have timely filed a properly executed waiver of the cash collection period. OS/26/92 4 RESOLtrrION CONFIRMING THE ASSESSMENT. ORDERIJi THE IMPROVEMENTS APPROVING THEO;rNEER' S REPORT IN ASSESSMENT VTRICT NO. 1003 MADE AND 1 2 3 ASSESSMENT COLLECTION SECTION 10. The County Auditor is hereby authorized and directed, in accordance with the provisions of section 8682 of the Streets and Highways 4 Code of the State of California, to enter into his assessment roll on 5 which property taxes will next become due, opposite each lot or parcel of 6 7 land affected, in a space marked "public improvement assessment" or by other suitable designation, the next and several installments of such 8 assessment coming due during the ensuing fiscal year covered by the assess- 9 10 ment roll and that said entry then shall be made each year during the life of the bonds for the proceedings for the Assessment District. This autho- 11 12 13 rization is continual until all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best 14 interests for bondholders of the Assessment District, this legislative 15 16 17 18 19 20 21 body may, by Resolution, designate an official other than the County Tax Collector and/or other agent t.o collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax collection procedure. 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 install- 22 23 24 25 26 ment 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 28 nl!;./'l~Jo,> ~ RESOLUTION C~!RMING THE ASSESSMENT, ORDERI}Ili.. THE IMPROVEMENTS APPROVING THEVINEER'S REPORT IN ASSESSMENT VTRICT NO. 1003 MADE AND 1 2 8 4 5 6 7 8 9 10 11 12 18 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ASSESSMENT VERIFICATION STATEMENT SECTION 13. 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 installments, interest, penal- ties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any proper- ties which are delinquent 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 specifically made to the authorization of Section 8683 of the Streets and Highways Code of the State of California. ASSESSMENT DISTRICT FUNDS SECTION 14. That the Treasurer is hereby authorized at this time, if not previously done, to establish the following funds as necessary for the payment of costs and expenses and administration of the proceedings for this Assessment District: A. IMPROVEMENT FUNDI All monies received from cash collection, proceeds from the sale of bonds and applicable contributions shall be placed into the Improvement Fund. B. RESERVE FUNDI 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. For particulars as to the administration and handling of the Funds, the specific terms and conditions shall be set forth in .the Bond Indenture and approved through the Resolution Authorizing the Issuance of Bonds. OS/26/92 fi RESOLtn'ION CONFIRMING THE ASSESSMENT. ORDERI~ THE IMPROVEMENTS MADE AND APPROVING THEC:)GINEER'S REPORT IN ASSESSMENT~TRICT NO. 1003 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 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the following vote, to wit. Council Members. AYES ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER day of , 1992, by the ~ ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this , 1992. day of w. R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content. JAMES F. PENMAN City Attorney f. OS/26/92 7 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING ISSUANCE OF BONDS AND APPROVING FORMS OF BOND INDENTURE, BOND PURCHASE AGREEMENT AND PRELIMINARY OFFICIAL STATEMENT FOR ASSESSMENT DISTRICT NO. 1003 WHEREAS, the COMMON COUNCIL of the CITY OF SAN BERNARDINO, CALIFORNIA is conducting proceedings for the installation of certain public improve- ments in a special assessment district pursuant to the terms and provi- sions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, said special assess- ment district known and designated as ASSESSMENT DISTRICT NO. 1003 (herein- after referred to as the "Assessment District"); and, WHEREAS, this legislative body has previously declared in its Resolu- tion of Intention to issue bonds to finance said improvements, said bonds to issue pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of said Code; and, WHEREAS, at this time this legislative body is desirous to set forth all formal terms and conditions relating to the authorization, issuance and administration of said bonds; and, WHEREAS, there has been presented, considered and ready for approval a bond indenture setting forth formal terms and conditions relating to the issuance and sale of bonds; and, WHEREAS, there has also been presented for consideration by this legislative body a form of Bond Purchase Agreement authorizing the sale of bonds to Stone & Youngberg, the designated underwriter; and, WHEREAS, there has also been presented for consideration by this legislative body a form of Preliminary Official Statement containing information including but not limited to the Assessment District and the type of bonds, including terms and conditions thereof; and, OS/26/92 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 RESOLtn'ION ~ORIZING ISSUANCE OF BONDS ~ _ APPROVING FORMS OF BOND INDENTURE, PURCHASE AGREEMENT AND PRELlVARY OFFICIAL STATEMENT FOR ASSESSMENT DI ICT NO. 1003 WHEREAS, this legislative body hereby further determines that the unpaid assessments shall be specifically in the amount as shown and set forth in the Certificate of Paid and Unpaid Assessments as certified by and on file with the Treasurer, and for particulars as to the amount of said unpaid assessments, said Certificate and list shall control and govern. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: RECITALS SECTION 1. That the above recitals are true and correct. BOND AUTHORIZATION SECTION 2. That this legislative body does authorize the issuance of limited obligation improvement bonds in an aggregate principal amount not to exceed $1,123,745.63 pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, and also pursuant to the specific terms and conditions as set forth in the BOND INDENTURE presented herein. BOND INDENTURE SECTION 3. That the BOND INDENTURE is approved substantially in the form presented herein, subject to modifications as necessary and as approved by the Mayor or his designee. Final approval of the BOND INDENTURE shall be conclusively evidenced by the signature of the Mayor or his designee upon final delivery of bonds and receipt of proceeds. A copy of said BOND INDENTURE shall be kept on file with the transcript of these proceedings and open for public inspection. no; I2I'i IQ? ? 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 AUTIlORIZING ISSUANCE OF BONDS 1lil2 _ APPROVING FORMS OF BOND INDENTURE. ~ PURCHASE AGREEMENT AND PRELIVARY OFFICIAL STATEMENT FOR ASSESSMENT Di!fRICT NO. 1003 BOND PURCHASE AGREEMENT SECTION 4. That the BOND PURCHASE AGREEMENT as submitted by Stone & Youngberg, the designated underwriter, is hereby approved substantially in the form presented herein, subject to modifications as necessary and approved by the Finance Director or his designee, subject to the review and approval of the City Attorney and Bond Counsel, and with the final pricing of bonds being delegated to the Finance Director or his designee (provided, however, that the net interest cost on the bonds shall not be in excess of 9\ per annum and the underwriter's discount shall not exceed 3\ of the principal amount of the bonds issued). Final acceptance of the BOND PURCHASE CONTRACT shall be evidenced by the signature of the Mayor or his designee on behalf of the City. PRELIMINARY OFFICIAL STATEMENT SECTION S. That the PRELIMINARY OFFICIAL STATEMENT is approved substantially in the form presented, subject to modifications as necessary and as approved by the Mayor or his designee, and execution and distribu- tion of the Preliminary Official Statement and the corresponding final Official Stat.....nt is hereby authorized. The Mayor or his designee is further authorized to execute and delivery any certificate regarding the finality of the Preliminary Official Statement as may be necessary or appropriate for purposes of complying with Section 240.ISC2-12 in Chapter II of Title 17 of the Code of Federal Rgu1ations ("Rule lSC2-12"). A copy of the Preliminary Official Statement and final Official Statement shall be kept on file with the transcript of these proceedings and remain open for public inspection. OS/26/92 3 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 AUTHORIZING ISSUANCE OF BONDS;JiP APPROVING FORMS OF BOND INDENTURE. I'"tro PURCHASE AGREEMENT AND PRELVARY OFFICIAL STATEMENT FOR ASSESSMENT D~ICT NO. 1003 FINAL ASSESSMENTS SECTION 6. That the Certificate of Paid and Unpaid Assessments, as certified by the Treasurer, shall remain on file in that office and be open for public inspection for all particulars as it relates to the amount of unpaid assessments to secure bonds for this Assessment District. SUPERIOR COURT FORECLOSURE SECTION 7. This legislative body does further specifically covenant for the benefit of the bondholders to commence and prosecute to completion foreclosure actions regarding delinquent installments of the assessments in the manner. within the time limits and pursuant to the terms and conditions as set forth in the Bond Indenture as submitted and approved through the adoption of this Resoulution. OTHER ACTS SECTION 8. All actions heretofore taken by the officers and agents of the City with respect to the sale and issuance of the bonds are hereby approved, confirmed and ratified, and the Kayor and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions relating to the execution and delivery of any and all certificates, requisitions, agreements and other documents, which they may deem necessasry or advisable in order to consummate the lawful issuance and delivery of the bonds in accordance with this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Kayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to wit: no; 12/; /Q? b . 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 AUTHORIZING ISSUANCE OF BONDS ~ APPROVING FORMS OF BOND INDENTIJRE, ~ PURCHASE AGREEMENT AND PRELVARY OFFICIAL STATEMENT FOR ASSESSMENT D~ICT NO. 1003 Council Members: AYES ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this , 1992. day of W. R. HOLCOMB, Mayor city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: CL,;,,>>.,", r. /k-vvW-.-.. d n~ I?~ IO? "