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HomeMy WebLinkAbout5184_CCv0001.pdf RESOLUTION NO. 5154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE RESOLUTION OF INTENTION TO ORDER THE FORMATION OF AN ASSESSMENT DISTRICT PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 BEING DIVISION 12 OF THE STREETS AND HIGHWAYS CODE WHEREAS, the San Bernardino County Flood Control District (the "District") has been engaged in the development, together with the U. S. Army Corps of Engineers, of a plans for flood control improvements for San Timoteo Creek as part of the Santa Ana River flood control project; and WHEREAS, the City of Redlands is one of the municipalities within the County through which San Timoteo Creek runs; and WHEREAS; the District is required to provide the local matching share of funds in order to secure the federal share of funding for the proposed improvements; and WHEREAS; the District has requested that the County of San Bernardino (the "County") assist the District in the formation of an assessment district for the assessment of the properties benefitting from the proposed improvements and the issuance of improvement bonds to finance the portion of the costs of the proposed improvements to be financed from the local share funds; and WHEREAS; the Board of Supervisors of the County has initiated proceedings for the formation of an assessment district pursuant to the Municipal Improvement Act of 1913, being Division 12 of the California Streets and Highways Code (the "1913 Act"); and WHEREAS, this Council has determined that the property within the City of Redlands to be included within the boundaries of such assessment district will be benefitted by the proposed work and improvements and has previously taken action to approve the formation of an assessment district to finance the proposed improvements; NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. That the recitals of this resolution are true and correct and are incorporated herein by reference. The Resolution of Intention adopted by the Board of Supervisors of the County of San Bernardino (the "Board") and the work and improvements more particularly described in Exhibit "A" attached hereto and made a part hereof are hereby approved. This Council hereby ratifies such actions taken by the Board for the formation of such assessment district. Section 2. This Resolution shall take effect upon adoption by the City Council. ADOPTED, SIGNED AND APPROVED this 16th day of-May , 1995. Mayor of the City of Redlands ATTEST: City Clerk I, Lorrie Poyzer, City Clerk of the City of Redlands hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 16th day of May, 1995, by the following vote: AYES: NOES: ABSENT: City Clerk EXHIBIT "A" APRIL 18, 1995 SAN BERNARDINO COUNTY, CALIFORNIA RESOLUTION NO. RESOLUTION OF INTENTION TO ORDER ACQUISITIONS AND IMPROVEMENTS ASSESSMENT DISTRICT NO. 95-1 (SAN TIMOTEO CREEK.) On Tuesday, April 18, 1995, on motion of Supervisor , duly seconded by Supervisor , and carried, the following resolution is adopted: RESOLVED, by the Board of Supervisors of San Bernardino County, California (the "County"), as follows: WHEREAS, the San Bernardino County Flood Control District(the "District")has been engaged in the development, together with the U.S. Army Corps of Engineers, of a plan for flood control improvements for San Timoteo Creek as part of the Santa Ana River flood control project; and WHEREAS, several of the municipalities within this County through which San Timoteo Creek runs have requested that a plan for the assessment of the properties benefitting from the proposed improvements be undertaken; and WHEREAS, the District is required to provide the local matching share of funds in order to secure the federal share of funding for the proposed improvements; and WHEREAS, the District has requested that the County of San Bernardino (the "County") assist the District in the formation of an assessment district and the issuance of improvement bonds to finance the portion of the costs of the proposed improvements to be financed from the local share funds; and WHEREAS, this Board of Supervisors now proposes to undertake proceedings for the formation of an assessment district pursuant to the Municipal Improvement Act of 1913, being Division 12 of the California Streets and Highways Cade (the "1913 Act"); and 3009.03 134109-00005 3 WHEREAS, the District shall act as the agent of the County with respect to the acquisition, construction and work of improvement to be provided for by the contemplated proceedings, as further provided in the contract hereinafter referred to; NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. The recitals of this resolution are true and correct and are incorporated herein by reference. The public interest, convenience and necessity require, and it is the intention of the Board of Supervisors of the County of San Bernardino (the "Board") to order the acquisitions and improvements more particularly described in Exhibit "A" attached hereto and made a part hereof. Section 2. The contemplated acquisitions and improvements, in the opinion of this Board, are of direct and special public benefit to, and the cost and expenses thereof shall be made upon, certain properties within an assessment district. The exterior boundaries of said assessment district are shown on a map thereof on file in the office of the Clerk of the Board, to which reference is hereby made for further particulars. The map indicates by a boundary line the extent of the territory included in the proposed assessment district and shall govern for all details as to the extent of the assessment district. Section 3. Except as herein otherwise provided for in connection with the issuance of bonds, all of the acquisitions and improvements shall be made and had as provided in the Municipal Improvement Act of 1913, being Division 12 of the California Streets and Highways Code. Section 4. To the extent that work, rights, improvements or acquisitions indicated in the Report herein referenced are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than the District, or any public utility, it is the intention of this Board to enter into an agreement with the public agency or public utility, or both, pursuant to Chapter 2 (commencing with Section 10100) of the 1913 Act, which agreement shall provide for, among other matters, the ownership, operation and maintenance by the agency or utility of such works, rights, improvements or acquisitions, and may provide for the installation of all or a portion thereof by the agency or utility and for the providing of service to Lie properties in the area benefiting from the work, rights, improvements or acquisitions by the agency or utility in accordance with its rates, rules and regulations, and that such agreement or agreements shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of such agreement. It is contemplated that such an agreement will be entered into with the District. Section S. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans as hereinafter provided. 3009.03 1 34109-00005 4 Section 6. All of the public ways herein mentioned are more particularly shown on maps of record in the office of the County Recorder of San Bernardino County, as shall be shown upon the plans as hereinafter referenced. Section 7. All of the improvements are to be acquired or constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on the plans, profiles and specifications. Notice is hereby given of the fact that in many cases the work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent the grades are hereby changed and that the work will be done to the changed grades. This Board does hereby adopt and establish as the official grades for the work the grades and elevations to be shown upon the plans, profiles and specification. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this District. In cases where there is any disparity in level or size between the improvements herein proposed and private property, and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property shall, with the written consent of the owner of the property, be done and the actual costs thereof may be added to the proposed assessment of the lot on which the work is to be done. Section 8. The description of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work, and maps and descriptions, as contained in the Engineer's Report to be made and filed as provided herein, shall be controlling as to the correct and detailed description thereof. Section 9. This Board declares that any publicly owned Iot or parcel of land and all public streets and highways within the assessment district in use in the performance of a public function as such shall be omitted from the assessment to be made to cover the costs and expenses of the acquisitions and improvements. Section 10. Notice is hereby given that bonds to represent unpaid assessments, and to bear interest at the rate of not to exceed twelve percent (12%) per annum, will be issued hereunder in the manner provided by Division 10 of said Streets and Highways Code, the Improvement Bond Act of 1915 (herein, the "1915 Act"), and the last installment of such bonds shall mature not to exceed thirty (30) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the 1915 Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. 3009.03 134109-00005 5 It is hereby determined, and this Board hereby declares that the County will not obligate itself to advance available funds from the County treasury to cure any deficiency which may occur in the bond redemption fund; provided ,however, that if any deficiency occurs, the County may in its discretion elect to advance available funds at that time. An even annual proportion of the aggregate principal sum of the bonds shall be payable on the second day of September in each year next succeeding the first twelve (12) months after their date until the whole is paid, provided however, that this Board hereby reserves the right to determine, in its resolution providing for their issuance, (a) that the amount of principal maturing or becoming subject to mandatory prior redemption each year shall be other than an amount equal to an even annual proportion of the aggregate principal amount of the bonds, or (b) that the amount of principal maturing or becoming subject to mandatory prior redemption in each year plus the amount of interest payable in that year will be an aggregate amount that is substantially equal each year, except for the moneys falling due on the first maturity or mandatory prior redemption date of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. This Board reserves the right to classify assessments into different terms of maturity so that smaller assessments may be made to mature over a shorter period of time. Unpaid assessments and the interest thereon, including, in each case, a fee to cover the expense of such collection as provided by law, together with any fee in connection with the maintenance by the County of a registration system for the bonds, will be collected during the term of the bonds and shall be payable in the same manner and at the same time and in the same installments as the general property taxes and shall be payable and become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property. It is hereby determined that the bonds proposed to be issued in these proceedings may be refunded. Any adjustment to assessments resulting from such refunding shall be done on a pro rata basis as required pursuant to Section 8571.5 of the Streets and Highways Code. Any such refunding shall be pursuant to the provisions of Division 11.5 (commencing with Section 9500) of the Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Board finds that all of the conditions specified in Section 9523 are satisfied and that the adjustments to assessments are on a pro rata basis, the Board may approve and confirm the report and may, without further proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the Streets and Highways Code. Any such refunding bonds shall bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds; and the last installment of such bonds shall mature on such date as will be determined by the Board in the proceedings for such refunding. 3009.03 134109-0"5 6 Section I. All penalties collected on delinquent assessments shall be deposited into the redemption fund for the bonds to be issued in the proceedings. Section 12. Pursuant to Part 14 of the 1915 Act, this Board intends to covenant for the benefit of bondholders to commence and diligently prosecute to completion any foreclosure action regarding delinquent installments of any assessments which secure the bonds to be issued in the proceedings to represent unpaid assessments, or to employ a trustee to do so on behalf of the bondholders. Section 13. Pursuant to Part 16 of the 1915 Act, the Board intends to include in the proceedings an amount to create a special reserve fund for the bonds to be issued in the proceedings to represent unpaid assessments. Section 14. Notice is hereby given that this Board intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ("Division 4") by proceeding under Part 7.5 thereof. The following information shall be included in the report prepared pursuant to Section 15 hereof: (a) The total amount, as near as may be determined, of the total principal amount of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, which would require an investigation and report under Division 4 against the total area proposed to be assessed. (b) The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed. Total true value may be estimated as the full cash value of the parcels as shown upon the last equalized assessment roll of the County. Alternatively, total true value may be determined by other reasonable means, including, but not limited to, by adjusting the value shown on the last equalized assessment roll to correct for deviations from market value due to Article XIIIA of the California Constitution. Section 15. The proposed improvements are hereby referred to Don Owen & Associates, Inc., hereby appointed Engineer of Work, being a competent party employed by the District and this County for that purpose, and the Engineer is hereby directed to make and file with the Clerk of the Board a Report, in writing, pursuant to Section 10204 of the 1913 Act, presenting the following: (a) Plans and specifications of the proposed improvements; (b) A general description of works or appliances already installed and any other property necessary of convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as a part of the improvements; 3009.03/34109-00005 7 (c) An estimate of the cost of the acquisitions and improvements and of the cost of lands, rights of way, easements, and incidental expenses in connection with the improvements, including any cost of registering bonds; (d) A diagram showing, as they existed at the time of the passage of this Resolution, of all the following: (1) The exterior boundaries of the assessment district; (2) The boundaries of any zones within the assessment district; and (3) The lines and dimensions of each parcel of Iand within the assessment district. Each subdivision, including each separate condominium interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (e) A proposed assessment of the total amount of the cost and expenses of the proposed improvements upon the several subdivisions of land in the assessment district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the acquisitions and improvements. When any portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, including the County treasury pursuant to Section 10201 of the Streets and Highways Code, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated costs and expenses. The assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this Section. (f) A proposed maximum annual assessment upon each of the several subdivisions of land in the assessment district to pay costs incurred by the County and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. Section lb. Notice is hereby given that, in the opinion of this Board, the public interest will not be served by allowing the property owners to take the contract(s) for the construction of the improvements and that, pursuant to Section 20487 of the California Public Contracts Code, no notice of award of contract(s) shall be published. In all other respects, except where otherwise permitted by law, the provisions of the California Public Contracts Code shall be followed in the solicitation and award of bids for the work of improvement contemplated hereby. 3009,03 134109-00005 8 Section 17. If any excess shall be realized from the assessment, it shall be used, in such amounts as this Board may determine, for one or more of the purposes enumerated in Section 10427 of the 1913 Act. Section 18. This Resolution shall take effect upon its adoption by this Board. PASSED AND ADOPTED by the Board of Supervisors of San Bernardino County, State of California, by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA ) ss: SAN BERNARDINO COUNTY ) I, EARLENE SPROAT, Clerk of the Board of Supervisors of San Bernardino County, California, State of California, hereby certify that the foregoing is a full, true and correct copy of the record of the action taken by said Board of Supervisors, by vote of the members present, as the same appears in the Official Minutes of said Board at its meeting of EARLENE SPROAT, Clerk of the Board By , Deputy 3009.03 134109-00005 9 EXHIBIT A WORK. AND IMPROVEMENTS SAN TIMOTEO CREED FLOOD CONTROL PROJECT DESCRIPTION PLANNING, ENGINEERING AND DESIGN LANDS AND DAMAGES ROADS AND ROAD IMPROVEMENTS UTILITIES FLOOD CONTROL CHANNEL SEDIMENT BASINS CONSTRUCTION SUPERVISION AND ADMINISTRATION 3049.43 1 34104-00005 10