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Home My WebLink AboutCC Reso No 1988-46 n n II RESOLUTION NO 88-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION AND ACQUISITION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913, 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 IMPROVEMENT BONDS WHEREAS, the City Counc~l (the "c~ty Council") of the c~ty of Lake E1s~nore (the "c~ty") ~s cons~der~ng the format~on of an assessment d~str~ct, pursuant to the Mun~c~pal Improvement Act of 1913 (the "Act"), be~ng D~v~s~on 12 (commenc~ng w~th Sect~on 10000) of the California Streets and H~ghways Code, for the construct~on and acqu~s~t~on of certa~n publ~c work and ~mprovements and WHEREAS, the c~ty des~res to declare ~ts ~ntent~on to order the construct~on and acqu~sition of sa~d ~mprovements, to declare the work to be of more than local or ord~nary benef~t, to describe the lands to be assessed to pay the costs and expenses of sa~d improvements, and to prov~de for the ~ssuance of bonds NOW, THEREFORE, the c~ty Counc~l of the C~ty of Lake Els~nore does hereby resolve as follows SECTION ~ Descr~pt~on of Improvements The publ~c ~nterest and conven~ence requ~re, and ~t ~s the ~ntent~on of the c~ty Counc~l, pursuant to the prov~sions of the Act, to order the acqu~s~t~on and construct~on of certa~n ~mprovements ~n a spec~al assessment d~str~ct des~gnated ASSESSMENT DISTRICT NO 87-2 (SHOPPERS SQUARE) (here~nafter referred to as the "Assessment D~str~ct"), sa~d ~mprovements generally be~ng as descr~bed ~n Exh~b~t A hereto (the "Improvements") For further part~culars, reference ~s hereby made to the Map of the Assessment D~str~ct ent~tled "Assessment Boundar~es, Street and Ut~l~ty Improvements Shoppers Square, Assessment D~str~ct No 87-2" adopted by the c~ty and on f~le w~th the C~ty n n n RESOLUTION NO 88-46 Clerk, and to the follow1ng add1t1onal prov1s1ons \ Sa1d streets, r1ghts-of-way and easements shall be shown upon the construct1on plans here1n referred to and to be f1led w1th these proceed1ngs (b) All of sa1d 1mprovements and work have been (a) , constructed at the places and 1n the particular locat1ons, of the forms, s1zes, d1mens1ons and mater1als, and at the 11nes, grades and elevat10ns as shown and del1neated upon the plans, prof1les and spec1f1cat1ons to be made therefor, as here1nafter prov1ded - ~ (c) The descr1pt1on of the Improvements and the e~ent I I thereof as conta1ned 1n th1S Resolut1on are ge~eral 1n nature All 1tems of work do not necessar1ly extend for the full length of the descr1pt1on thereof The plans and prof1les of the work as . conta1ned 1n the Eng1neer's Report and on such deta1led plans as may be prepared subsequent to the f111ng of such report shall be control11ng as to the correct and deta1led descr1pt1on thereof (d) Whenever any publ1C way 1S here1n referred to as runn1ng between two publ1C ways, or form or to any publ1C way, the 1ntersect1ons of the publ1C ways referred to are 1ncluded to the extent that work shall be shown on the plans to be done there1n (e) Not1ce 1S hereby g1ven that 1n many cases the Improvements and work to be constructed w111 br1ng the f1n1shed work to a grade d1fferent from that wh1ch formerly eX1sted, and to that extent, sa1d grades are hereby changed and the work done to the changed grades, as more part1cularly descr1bed 1n Sect10n 8 hereof SECTION A Descr1ption of Assessment D1str1ct The t 1mprovements and work 1nc1dent thereto are of d1rect benef1t to the propert1es and land w1th1n the Assessment D1str1ct, and the I RESOLUTION NO 88-46 c~ty hereby makes the expenses of the Improvements and work chargeable upon those propert~es, wh~ch propert~es are hereby declared to const~tute the Assessment D~str~ct benef~ted by sa~d Improvements and work and to be assessed to pay the costs and n expenses thereof, ~nclud~ng ~nc~dental costs and expenses, descr~bed as follows All that certa~n terr~tory ~ncluded w~th~n the exter~or boundary l~nes shown on the plat exh~b~t~ng the property affected or benef~ted by or to be assessed to pay the costs and expenses of sa~d Improvements and work ~n the Assessment D~str~ct, sa~d map t~tled and ~dent~f~ed as A~ESSMENT BOUNDARIES STREET AND UTILITY IMPROVEMENTS SHOPPERS SQUARE ASSES$MENT DISTRICT NO 87-2 and wh~ch sa~d map was heretofore approved by the c~ty and ~s on f~le w~th the c~ty Clerk, EXCEPTING therefrom the area of n all publ~c streets, publ~c avenues, publ~c lanes, publ~c roads, publ~c dr~ves, publ~c courts, publ~c alleys, and all easements and r~ghts-of-way there~n conta~ned belong~ng to the publ~c For all part~culars as to the boundar~es of Assessment D~str~ct, reference ~s hereby made to said map and for a complete descr~ption of said Assessment D~str~ct, sa~d map on f~le w~th the c~ty Clerk shall govern SECTION ~ Report of Enqineer Pursuant to Sect~on 10203 of the Act, the c~ty Counc~l hereby refers the proposed Improvements to the Eng~neer of Work of the Assessment D~str~ct, prev~ously des~gnated by the c~ty, who ~s hereby d~rected to make and f~le a report ~n wr~t~ng ~n the form descr~bed ~n Sect~on 10204 of the Act, conta~n~ng the follow~ng (a) Plans and spec~f~cat~ons of the Improvements to be ~I I I constructed and/or acqu~red under these proceed~ngs (b) A general descr~pt~on of the Improvements ~nstalled and to be acqu~red, (c) An est~mate of the cost of the Improvements, and of , the cost of lands, r~ghts-of-way, easements and n n In l_ ______ _ RESOLUTION NO 88-46 ~nc~dental expenses as enumerated ~n sa~d report ~n connect~on therew~th (d) A d~agram show~ng the exter~or boundar~es of the Assessment D~str~ct wh~ch shall also show the d~mens~ons of each parcel of land w~th~n the Assessment D~str~ct, as the same ex~sted at the t~me of the passage of th~s Resolut~on of Intent~on, each of wh~ch subd~v~s~on shall be g~ven a separate number upon sa~d d~agram (e) A proposed assessment of the total amount of the cost and expenses of the Improvements, ~nclud~ng but not l~m~t~ to, env~ronmental ~mpact reports, feas~b~l~tl stud~es, eng~neer~ng plans, cost est~mates and legal expenses, upon the several subd~v~s~ons of land ~n the Assessment D~str~ct ~n proport~on to the est~mated benef~ts to be rece~ved by each such subd~v~s~on, respect~vely, from the Improvements Sa~d assessment shall refer to such subd~v~s~ons upon sa~d d~agram by the respect~ve numbers thereof and (f) An annual assessment, ~n an amount not to exceed one-quarter of one percent (0 25%) of the total amount of the bonds ~ssued to represent all unpa~d assessments, shall be assessed pro rata upon each of the parcels of land upon wh~ch there ~s an unpa~d assessment ~n the Assessment D~str~ct to pay costs ~ncurred by the c~ty, and not otherw~se re~mbursed, wh~ch result from the adm~n~strat~on and collect~on of any bonds ~ssued or funds adm~n~stered under the proceed~ngs, as prov~ded ~n Sect~on 10204(f) of the Act such costs shall be ~n add~t~on to any costs collected pursuant to Sect~ons 8682 and 8682 I of the Bond Law (as def~ned ~n Sect~on 4 hereof) \ SECTION ~ Bonds Not~ce ~s hereby g~ven that ser~al In I RESOLUTION NO 88-46 bonds to represent the unpa~d assessments, and bear~ng ~nterest at rates not to exceed the current legal max~mum rate of 12% per annum, w~ll be ~ssued hereunder in the manner prov~ded ~n the "Improvement Bond Act of 1915" (the "Bond Law"), be~ng D~v~s~on 101 (commenc~ng w~th Sect~on 8500) of the Cal~forn~a Streets and H~ghways Code, the last ~nstallment of wh~ch bonds shall mature a max~mum of and not to exceed n~neteen (19) years from the second day of September next succeed~ng twelve (12) months from the~r I date The prov~s~ons of Part 11 1 of the Bond Law (commenc~ng w~th Sect~on 8760), prov~d~ng an alternat~ve procedure for the advance payment of assessments and the calling of bonds, shall apply ~ The pr~nc~pal arount of the bonds matur~ng each year 1 shall be other than an amount equal to an even annual proport~on of the aggregate pr~nc~pal amount of the bonds the amount of pr~nc~pal matur~ng ~n each year plus the amount of ~nterest payable ~n that year, w~ll be as prov~ded ~n the resolut~on n, I I authoriz~ng the ~ssuance of the bonds II SECTION 2- Author~tv for Proceed~nqs Except as here~n otherw~se prov~ded for the ~ssuance of bonds, all of the Improvements shall be made and ordered pursuant to the prov~s~ons of the Act SECTION ~ Surplus Funds If any excess shall be real~zed from the assessment after complet~on of the Improvements and payment or prov~s~on for the payment of all costs and expenses ~n connect~on w~th the Assessment D~str~ct, such excess shall be used, ~n such amounts as th~s c~ty Counc~l may determ~ne, ~n accordance w~th Sect~on 10427 of the Act, for one or more of the follow~ng purposes (a) Transfer to the general fund, prov~ded that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000 00) or f~ve percent (5%) of the total amount expended from the \ Improvement Fund (as establ~shed ~n Sect~on 7 , I I 'I n I I 'I I I I I I I I I I I ~ n RESOLUTION NO 88-46 hereof), (b) As a cred~t upon the assessment and any supplemental assessment as prov~ded ~n Sect~on 10427 1 or (c) For the ma~ntenance of the Improvements SECTION 1- Spec~al Fund The C~ty Counc~l hereby establ~shes a spec~al fund designated IMPROVEMENT FUND ASSESSMENT DISTRICT NO 87-2 ~nto wh~ch moneys may be transferred at any t~me to exped~te the I mak~ng of the Improvements here~n author~zed sa~d moneys are a loan and shall be repa~d out of the proceeds of the sale of bonds as author~zed by law grade to ~ SECTION ~ Grades wh~ch the work ~hall Not~ce ~s hereby g~ven that the be done shall be as shown on the plans and prof~les therefor, wh~ch grade may d~ffer from the ex~st~ng grades W~th the wr~tten consent of the property owner, work may be done on pr~vate property to el~m~nate any d~spar~ty ~n level or s~ze between the ~mprovement and pr~vate property, ~f the Eng~neer of Work determ~nes that ~t ~s more econom~cal to do such work on pr~vate property than to adJust the work on publ~c property, as prov~ded ~n Sect~on 10100 1 of the Act, such work shall be assessed to the parcel of land on wh~ch such work was done Any obJections or protests to the proposed grade shall be made at the publ~c hear~ng to be conducted under these proceed~ngs SECTION 2- Proceedinqs Inqu~r~es For any and all ~nformat~on relat~ng to these proceed~ngs, ~nclud~ng ~nformat~on relating to protest procedure, your attent~on ~s d~rected to the person des~gnated below at the department ~nd~cated M~lo K Ke~th, Spec~al ProJects Eng~neer c~ty of Lake Els~nore 130 S Ma~n Street Lake Els~nore, Cal~forn~a 92330 (714) 674-3124 SECTION ~ Publ~c Property All publ~c or quas~-publ~c , property ~n the use and performance of a public funct~on shall be om~tted from assessment ~n these proceed~ngs unless expressly ~tJ n r II RESOLUTION NO 88-46 prov~ded and l~sted here~n SECTION 11 Ava~lable Funds Pursuant to Sect~on 8769 of the Bond Law, th~s c~ty counc~l hereby determ~nes and not~ce ~s hereby g~ven that the c~ty w~ll not obl~gate ~tself to advance ava~lab1e funds from the c~ty treasury to cure any def~c~ency wh~ch may occur ~n the bond redempt~on fund SECTION ~ Acau~s~t~on of R~qht-of-Wav The publ~c ~nterest, conven~ence and necess~ty may requ~re that certa~n land, Ir~ghts-of-way or easements be obta~ned ~n order to allow the works of ~mprovement proposed for th~s Assessment D~str~ct to be accompl~shed For a general descr~pt~on of the locat~on and extent of the easements~r land necessary to be acqu~red, ~f any reference ~s hereby made to I to maps the Report of Eng~neer descr~bed ~n Sect~on 3 hereof or on f~le w~th the transcr~pt of these proceed~ngs SECTION ~ Bond Redempt~on The c~ty Counc~l further elects to prov~de that the bonds here~n author~zed, upon redempt~on pr~or to matur~ty, shall prov~de a prem~um of not to exceed f~ve percent (5%) on the unmatured princ~pal, to be determ~ned and spec~f~ed ~n the resolut~on author~z~ng ~ssuance of the bonds, and sa~d language shall be added to the redempt~on clause in the bond form and the c~ty shall requ~re the property owner to pay sa~d prem~um ~n order to d~scharge the obl~gat~on of the l~en pr~or to matur~ty SECTION ~ D~v~s~on ! Proceed~nqs It ~s the ~ntent~on of th~s c~ty Counc~l to fully comply w~th the proceed~ngs and prov~s~ons of the Spec~al Assessment Invest~gatlon, L~m~tat~on and MaJor~ty Protest Act of 1931 (the "1931 Act"), be~ng D~vis~on 4 (commenc~ng w~th Sect~on 2800) of the Cal~forn~a Streets and H~ghways Code A Pet~t~on and Wa~ver has been f~led by the property owners pursuant to Sect~on 2804 (3) of the 1931 Act , Based on the cert~f~cat~on of the Eng~neer of Work, the pet~t~on ~s found to be adequate and no further proceed~ngs under the 1931 Act are requ~red such Pet~t~on and Wa~ver ~s on f~le w~th the , I' [I n n RESOLUTION NO 88-46 transcr1pt of these proceed1ngs and open for 1nspect1on by the pub11C SECTION ~ Ut1l1tV Aqreements The C1ty Counc1l hereby author1zed the Super1ntendent of streets, on behalf of the C1ty, to enter 1nto agreements w1th the Ca11forn1a Department of Transportat1on, Southern Ca11forn1a Ed1son Company and Els1nore Valley Mun1c1pal Water D1str1ct, wh1ch agreements shall comply w1th the prov1s1ons of Sect10n 10110 and 10110 1 of the Act PASSED, APPROVED AND ADOPTED th1s 9th day of August, 1988 ~ - .............. _---- "L _-~ '!t I' ~ A'l~ST '""' {~~~ 'l, VICKI LY E KAS~, C~TY CLERK CITY OF LAKE ELSINORE ~ .::;' \.~ - APPROVLD AS_TO FORM & LEGALITY ~ MAYOR ELSINORE kK OHN R ATTORNEY AYES NOES BUCK DOtlINrUEZ STARKEY W^SflBUR~1 v'IrlKLER COUNC IU1EMBERS COUNC ru1H1BERS COUtJCIL~1H1BERS COUNC ILMEt1BERS NONE NONE ABSENT ABSTAIN NONE , I' I! r ~ RESOLUTION NO 88-46 EXHIBIT A DESCRIPTION OF IMPROVEMENTS TO BE ACQUIRED PROPOSED ASSESSMENT DISTRICT NO 87-2 (SHOPPERS SQUARE) CITY OF LAKE ELSINORE (CALIFORNIA) The follow~ng l~sted ~mprovements proposed for Acqu~s~t~on after ~nstallat~on and construct~on thereof w~th~n the boundar~es of Proposed Assessment D~str~ct No 87-2 (Shoppers Square), cons~st of Prolect No 1. Cas~no Dr~ve Improvements Acqu~s~t~on of street ~mprovements for Cas~no Dr~ve from San Jac~nto R~ver Road to a po~nt 1330 feet southeasterly of Ra~lroad Canyon Road Prolect No ~ Ra~lroad Canyon Road - Cas~no Dr~ve and San Jac~nto R~ver Dr~ve Improvements Acqu~s~t~on of street ~mprovements for the streets ~ntersect~ng w~th Ra~lroad Canyon Road - Cas~no Dr~ve and San Jac~nto R~~r Dr~ve Prolect No d. Traff~c S~qnals Acqu~s~t~on of a port~on of ~nstallat~on costs of a traff~c s~gnal at the ~ntersect~on of Ra~lroad Canyon Road and Cas~no Dr~ve ~nclud~ng med~ans Prolect No ! Storm Dra~n Acqu~s~t~on of a 33-~nch and 24-~nch R C P storm dra~n from San Jac~nto R~ver Dr~ve to Cas~no Dr~ve to a term~nat~on po~nt 520 feet southeasterly of the centerl~ne of Ra~lroad Canyon Road Prolect No .2. San~tarv Sewer The acqu~s~t~on of a 15" SDR offs~te sewer ~n Ra~lroad Canyon Road from M~ss~on Tra~l Road to a po~nt 272 feet north of the centerl~ne of Cas~no Dr~ve acqu~s~t~on of a 10" VCP sewer and an 8" SDR sewer ~n Cas~no Dr~ve from a po~nt 350 feet west of the centerl~ne of Ra~lroad Canyon Road, to a po~nt 1330 feet east of Ra~lroad Canyon Road Prolect No .Q. Water Ma~n The acqu~s~t~on of a l2-~nch and 10-~nch water ma~n from an ex~st~ng EVMWD transm~ss~on ma~n ~n San Jac~nto R~ver Dr~ve to a po~nt 1330 feet east of Ra~lroad Canyon Road Prolect No Z Street L~qhts The acqu~s~t~on of s~x (6) street l~ghts poles, underground on Cas~no Dr~ve , n n n STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF LAKE ELSINORE ) I, V~ck~ Lynne Kasad, c~ty Clerk of the c~ty of Lake Els~nore, DO HEREBY CERTIFY that the forego~ng Resolut~on duly adopted by the c~ty Counc~l of the c~ty of Lake Els~nore at a regular meet~ng of sa~d Counc~l on the 9th day of August, 1988, and that ~t was so adopted by the follow~ng vote AYES COUNCILMEMBERS BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN __.... ) I!; r--'-.. ... \ ~ " ~ , ~~' ,\ I ~ ~~r", '\J- ~ ~ VICKI 1 i!l ~lt6~TY ~CITY OF E ELSfNORE COUNCILMEMBERS NONE CLERK .:; (SEAL) -~ ,\~ :;' \ ,....... --' , - ~ -- ~- , ,~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF LAKE ELSINORE ) I, V~ck~ Lynne Kasad, c~ty Clerk of the c~ty of Lake Els~nore, DO HEREBY CERTIFY that the above and forego~ng ~s a full, true and correct copy of Resolut~on No 88-46, of sa~d Counc~l, and that the same has not been amended or repealed -- ............... '-....,........ DA,!,Elr \~tlg~s~"lO, 1988 - \ ' ~;r~~ '1VICKI Lgh...r::AD'~ CITY 1cJ;.TY OF ~~~SIiORE CLERK (SEAL) :; \..\; .::' \.....\...... .: I..-\. ....:;,- --_.....- -... -