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HomeMy WebLinkAboutCC Reso No 1989-29RESOLUTION NO. 89'29 RESOLUTION OF TfIE CITY COUNCIL OF THE CITY OF EISINORE, RIVERSIDE COUNTY, CALIFORNIA, DECIS-RING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS TOGETf~R WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSIIANT TO 'PF~ MUNICIPAL IMPROVEZ++IENT ACT OF 1913; DECLARING THE IMPROVII+IENTS TO BE OF MORE THAN IACAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSIIANCE OF BONDS (ASSESSMENT DISTRICT NO. 89-1) WHEREAS, the City Council is considering the formation of an assessment district, pursuant to the Municipal Improvement Act of 1913, being Division 12 (commencing with Section 10000) of the Streets and Highways Code, for acquisition of certain public works and improvements (the "Improvements"); and - WHEREAS, the City desires to declare its intention to order the acquisition of the Improvements, declare the work to be of more than local or ordinary benefit, describe the lands to be assessed to pay the costs and expenses of the Improvements, provide for this issuance of bonds and make other determinations: NOW, THEREFORE, the City Council of the City of Lake - Elsinore does hereby RESOLVE, DETERMINE AND ORDER as follows: DECLARATION OF INTENTION Section 1. Declaration. The public interest and convenience require, and it is the intention of the City, pursuant to the Municipal Improvement Act of 1913, to order acquisition of the Improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"). DESCRIPTION OF IMPROVEMENTS Section 2. Improvements. (a) The Improvements are generally` described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water ma~ns; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. The Improvements shall be located in certain public streets and rights-of-way in the Assessment District. For further particulars, reference is hereby made to a Map of the Assessment District previously adopted. (b) The streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be filed with these proceedings. (c) All of the Improvements shall be 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 prepared therefor. (d) The description of the Improvements and the termini thereof contained in this Resolution are general in nature. The Improvements do not necessarily extend for the full length of the description thereof. The plans and profiles of the Improvements contained in the Engineer's Report shall be controlling as to the correct and detailed description thereof. (e) 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 are included to the extent that Improvements to be acquired therein are shown on the plans. (£) Notice is hereby given of the fact that in many cases the Improvements will bring the finished grade to a grade different from that formerly existing and, to that extent, the grades are hereby changed and the Improvements have been done to the changed grades. DESCRIPTION OF ASSESSMENT DISTRICT Section 3. Assessment District. The Improvements are of direct benefit to the properties and land within the Assessment District and the City makes the costs and expenses of the Improvements chargeable upon the Assessment District which is declared to be the Assessment District benefited by the Improvements and to be assessed to pay the costs and expenses 2 of the Improvements. The Assessment District is described as follows: All that territory in the Assessment District included within the exterior boundary lines shown on the Map exhibiting the property benefited by and to be assessed to pay the costs and expenses of the Improvements in the Assessment District, which Map is titled and identified as PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 89-1 and which map was heretofore approved and is on file with the transcript of these proceedings, EXCEPTING from the area shown within and delineated upon the Map, 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, refer- ence is hereby made to the Map and for a complete description of the Assessment District, the Map on file shall govern. SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 Section 4. Waiver of Proceedinas. The proceedings under the Special Assessment Investigation, Limitation and Majority - Protest Act of 1931 have heretofore been waived by resolution of the City, pursuant to subsection (1) of Section 2804 of the Streets and Highways Code. REPORT OF ENGINEER Section 5. 1913 Act Report. The Improvements are hereby referred to the Engineer o£ Work who is directed to prepare and file a written report (the "Report") which shall contain: (a) An estimate of the cost of the Improvements, including the incidental expenses in connection therewith; (b) An estimate of utility damages, if any; (c) A diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within the Assessment District, as the same existed at the time of the passage of the Resolution of Intention (the "Diagram"). Each sub- division shall be given a separate number upon the Diagram; 3 (d) An assessment of the total amount of the assessable costs and expenses of the Improvements upon the several subdivisions of land in proportion to the estimated benefits to be received by such subdivision, from the Improvements (the "Assessment"). The Assessment shall refer to the subdivisions upon the Diagram by the respective numbers thereof. (e) A description of the Improvements and acquisition of interests in real property, where necessary; and (f) A proposed maximum annual assessment upon each of the a several subdivisions of land in the Assessment District to pay costs incurred by the District and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or reqistration of any associated bonds and reserve or other related funds. When any portion or percentage of the cost and expenses of the Improvements 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 the Improvements and the Assessment shall include only the remainder of the estimated costs and expenses. BONDS Section 6. Bonds. Notice is hereby given that serial bonds (the "Bonds") to represent unpaid assessments, and bearing interest at the rate of not to exceed the current legal maximum rate of 12o per annum, will be issued pursuant to the "Improvement Bond Act of 1915", being Division 10 (commencing with Section 8500) of the Streets and xighways Code of the State of California. Section 7. Term. The last installment of the Bonds shall mature a maximum of and not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. Section 8. Advance Pavment. The provisions of Part 11.1 of the Streets and Highways Code, which provides an alternative procedure for the advance payment of assessments and the calling the Bonds, shall apply. Section 9. Maturies. 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 an amount that I is approximately equal each year. -- DEFICIENCIES IN REDEMPTION FUND Section 10. Deficiencies. The City shall not be obligated to advance any lawfully available funds to cure any deficiency which may occur in the Redemption Fund; provided that this determination shall not prevent the City, in its sole discretion, from so advancing such funds. Section 11. Statement on Bonds. The determination not to advance lawfully available funds to cure deficiencies in the Redemption Fund shall be clearly stated in the title of any Bonds issued representing unpaid assessments, pursuant to Section 8769 of the Streets and Highways Code. BOND REDEMPTION Section 12. Redemption. The Bonds, upon redemption prior to maturity, shall provide a premium of not to exceed five percent (5~) on the unmatured principal and such language shall be added to the redemption clause in each bond form to require the property owner to pay the premium in order to discharge the obligation of the lien prior to maturity. SPECIAL FUND Section 13. Soecial Fund. A special fund is established and designated IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 89-1 into which moneys may be transferred at any time to expedite the acquisition of the Improvements. The moneys are a loan and shall be repaid out of the proceeds of the sale of the Bonds as authorized by law. SURPLUS FUNDS Section 14. Surplus Funds. If any surplus remains in the Improvement Fund, after completion of acquisition of the Improvements and payment of all claims, it may be used: 5 (a) As a credit upon the reassessment as provided in Section 10427.1 of the Streets and Highways Code; or (b) As otherwise provided in Section 10427 of the Streets and Highways Code. M[JNICIPAL IMPROVEMENT ACT OF 1913 Section 15. 1913 Act. Except as otherwise provided for in the issuance of the Bonds, all of the Improvements shall be acquired pursuant to the Municipal Improvement Act of 1913. PUBLIC PROPERTY Section 16. No Assessment. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION Section 17. Acauisition. The public interest, convenience and necessity require: (a) That certain existing improvements and certain interests in real property may be acquired in order to allow the acquisition of the Improvements for this Assessment District. For a general description of the location and extent of the easements or land to be acquired and the Improvements to be acquired, reference is hereby made to maps on file with the transcript of these proceedings. GRADES Section 18. Grades. Notice is hereby given that the grade to which the Improvements shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The Improvements shall be done to the grades as indicated on the plans and specifications, to which reference is made for a description of the grade at which the Improvements shall be done. Any objections or protests to the proposed qrade shall be made at the public hearing to be conducted under these proceedings. PRIVATE UTILITY DAMAGES Section 19. Damages. Private utility damages, if any, shall be included in the Assessment. 6 PROCEEDINGS INOUIRIES Section 20. Inauires. All inquiries for any and all information relating to these proceedings, including information relating to protest procedures, should be directed to: Milo K. Keith 17961 Cowan Avenue Irvine, California, 92714 (714) 863-9390 EFFECTIVE DATE Section 21. Effective Date. This xesolution shall be effective upon its adoption. Section 22. Certification. The Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the District; and shall record the passage and adoption thereof in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 2~Lh day of ,1uly 1989, by the following vote: AYES: COUNCILMEMBERS : BUCK, DOMINGUEZ, STARKEY, 6JASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: """f ATTEST: _ (\~~ Vzcki Lyn Kas~d, City Clerk City of Lake Elsinore APPROVED AS TO FORM & LEGALITY: hn R. Harpe , City Attorney 7 City of Lake Elsinore , STATE Of CALIfORNIA ) COUNTY Of RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 25th day of July, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 9 VICK? EYNNE SAD, CITY CLER CITY OF LAKE ~SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-29 of said Council, and that the same has not been amended or repealed. DATEJ: July 27, 1989 C\7~`-r~r'~`" t VICK' LYNNE SAD, CITY CLERK ' CITY OF LAKE l:SINORE (SEAL)