Loading...
HomeMy WebLinkAboutCC Reso No 1970-13290 RESOLUTION NO. 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELSINORE, CALIFORNIA, APPROVING A PROPOSED RESOLUTION OF INTENTION FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN ASSESSMENT DISTRICT NO, to AND REQUESTING CONSENT TO THE FORMATION OF THE ASSESSMENT DISTRICT, TO THE PROPOSED WORK AND ASSUMPTION OF JURISDICTION FOR ALL PURPOSES THEREOF. WHEREAS, the City Council of the City of Elsinore, California, is contemplating the construction of certain sanitary sewer improve- ments together with acquisitions, if necessary, in ASSESSMENT DISTRICT NO. 1 under the provisions of the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California, all as described in the proposed Resolution of Intention hereinafter referred to and attached; and WHEREAS, this Council by resolution does hereby find and determine that the public interest, convenience and necessity requires the improvements, work and acquisition as set forth in the proposed Resolution of Intention hereto attached; and WHEREAS, certain portions of the work, improvement and acquisi- tion are to be constructed within the unincorporated area and boundaries of the County of Riverside; and WHEREAS, certain properties within the unincorporated area of the County of Riverside will be assessed for the costs and expenses of the improvements as set forth in the proposed Resolution of Intention for the construction of the improvements and acquisi- tion in ASSESSMENT DISTRICT NO. 1. NOW, THEREFORE, THE CITY COUNCIL OF ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the public interest, convenience and necessity requires the acquisition and construction of certain sanitary sewer improvements in ASSESSMENT DISTRICT NO. 1, all as set forth in the proposed Resolution of Intention which is hereby approved as to form -1- and attached hereto; and though certain proposed work affects property outside of the boundaries of the City of Elsinore, it can best be accomplished by a single comprehensive scheme of work. SECTION 2. That the consent of the County of Riverside be and the same is hereby requested to the doing of certain work and acquisition, if necessary, and assessing all parcels so benefited, within their territorial boundaries all as set forth in the proposed Resolution of Intention. SECTION 3. That the consent of the County of Riverside be and the same is hereby requested to the assumption of jurisdiction of this City Council for all purposes of the proceedings, and to authorize the City Council of the City of Elsinore to proceed and take each and every step required for the consummation of the work and assessment extending outside the city limits of the City of Elsinore, all pursuant to the provisions of the "Municipal Improve- ment Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California. SECTION 4. That the City Clerk is hereby directed to transmit a certified copy of this Resolution and of the attached proposed Resolution of Intention to the Board of Supervisors of the County of Riverside. APPROVED and ADOPTED this 25th day of June , 1970. ATTEST: CITY CLERK -2- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF. ELSINORE ) I, FLORENCE MARSHALL City Clerk of the City of Elsinore California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 1399 was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at an adjourned meeting of said City Council held on the day of 19 70 and that the same was passed and adopted by the following vote, to wit: AYES: COUNCILMEN Cartier, De Pasquale, Harmatz, Perkins, Mayor Chaffin. THE CITY COUNCIL OF THE CITY OF ELSINORE, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the public interest, convenience and necessity require and it is the intention of this City Council, pursuant to the provisions of Division 12 of the Streets and Highways Code (Municipal Improvement Act of 1913), to order the construction of certain improvements and acquisition together with'appurtenant work in the.City of Elsinore with a portion thereof in the unincorporated area in the County of Riverside. ACQUISITION FIRST; The public interest, convenience and necessity require the acquisition of the following described property for sanitary sewer purposes: EASEME NT "A.. Commencing at intersection of Bunker Street and Riverside Street running in a straight 'line Sly approximately 1320 ft. to City Parcel containing sewer treatment plant; and - EASEMENT "B" ''Commencing at NEly terminus Marie Drive, then extending Nly approx- imately 40 ft., continuing at right angles running NEly to Oleander Drive to a point approximately 30 ft. Sly of Avondale way. For particulars, reference is hereby made to "Proposed Boundary Map" on file in the.office of the City Clerk. DESCRIPTION OF WORK RIVERSIDE STREET between Bunker Street and Grand Avenue; and in GRAND AVENUE between a point.approximately 360 ft. NWly of Riverside Street ' and Ethlene Drive; and in ETHLENE DRIVE MARIE DRIVE . OLEANDER DRIVE CEDAR DRIVE BONNIE LEA DRIVE PEPPER DRIVE between Grand Avenue and their Nly termini; and in AVONDALE WAY between Bonnie Lea Drive and Oleander Drive; and in ANNETTE DRIVE between Ethlene Drive and Marie Drive; and in CITY OWNED PARCEL between City of Elsinore sewer treatment plant and Easement "A "; and in LAKESHORE DRIVE /RICE STREET between a point approximately; 2660 SEly of Riverside Street, and a point approximately 500 ft. NWly of said Riverside Street; and in JOY STREET ,., between Riverside Street and a point approximately 1900 ft. NWly :thereof;. and in LINCOLN STREET .between Riverside Street and a point approximately 1700 ft. Nally thereof. SECOND: The construction,of sanitary sewer pump stations, together with appurtenances and appurtenant work in connection therewith,, at the following locations: (a) Intersection of Bunker Street and Riverside Street (b) Riverside Street approximately 400 ft. Sly of Rice Street (c) Intersection of Lincoln Street and Riverside Street '(d) Riverside Street approximately 2000 ft. Sly of Lincoln Street (e) Intersection of Oleander Drive and Avondale Way THIRD: The construction of waste stabilization lagoons, together with appurtenances on CITY OWNED PARCEL -2- Nly of existing City of Elsinore sewer treatment plant For further particulars, reference is made to "Proposed Boundary Map" on file in'the office of the City Clerk. SECTION 2. That the said acquisition of land, easements and rights of way necessary for the said contemplated work and improvement, as aforesaid, are of more than local or ordinary public benefit and the City Council of Elsinore hereby makes the expenses of said acquisition, work and improvement chargeable upon a district, which said District the City Council hereby declares . to be the district benefited by said acquisition, work and improve- ment and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs, and which is described as follows: All that certain territory situated in the City of Elsinore', County of Riverside, State of California, and certain portions in unincorporated territory of the County of Riverside,. included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be. assessed to pay the costs and expenses of said acquisition, work and improvement in said "ASSESSMENT DISTRICT NO. 1" in said -City; which said Plat is titled and identified as "PROPOSED BOUNDARIES ASSESSMENT DISTRICT NO.. 1, City of Elsinore, County of Riverside, State of California ", and which said Plat was here- tofore approved by the City'Council of said.-City at the time of the approval of the playas aforesaid, which said plat or Diagram is on file in the office of the City Clerk and copy of which is on file in the office of the City 'Engineer of said City, EXCEPTING from the area shown within and.delineated upon said Map or Plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, -g- public alleys and all easements and rights of way therein contained belonging to the public, and any lot or parcel of land belonging to the City of Elsinore, which lot or parcel of land is in use for the performance of any public function, and all such property above mentioned and described as being excepted from the area shall be omitted from the assessment hereinafter to be made to cover the costs and expenses of such acquisition, work and improve - ment. Reference is hereby made to said Plat for further, full and more particular description of "the said Assessment District, and the said Plat so on file shall govern for all details as to the extent of said Assessment District. SECTION 3. That this proposed improvement is hereby refer- red to LAMPMAN & ASSOCIATES, duly .appointed Engineer of Work, and said Engineer of Work is hereby directed to make and file with said Clerk a report in writing containing the following: 1. Plans and specifications of the proposed improvements. 2. An estimate of the cost of the proposed improvement and acquisition, including the cost of the incidental . expenses in connection therewith. 3. A diagram showing the Assessment District above re- ferred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said District, as the same existed at the time of the passage of the Resolution of `Intention, each of which subdivisions shall be given a separate number upon said Diagram. 4. A; proposed assessment of the total amount of the cost and expenses of the proposed improvement and acquisition upon the several divisions of land in said District in proportion to the estimated benefits to be received by such subdivisions, respectively, j i -4- i from said improvement. Said assessment shall refer to such subdivisions upon said Diagram by the respective numbers thereof. SECTION 4. That it is hereby determined and declared that serial bonds shall be issued in accordance with Division 7 of the Streets and Highways Code (Improvement Act of.1911), to represent each assessment of Fifty Dollars ($50.00) or more, remaining unpaid for thirty (30) days after the date of the re- cording of the Diagram and Assessment for this improvement and acquisition. The serial bonds shall extend over a period of ten (10) years from the second day of January next succeeding the next September 1st following their date. The principal sum shall become due and payable in equal annual payments on each.October 15th succeeding the September 1st following the date of the bonds until fully paid. The first interest payment shall be payable on the April 15th next succeeding the March 1st or the October 15th next succeeding the September ist, as the case may be, next fol- loWing the date of the bonds. The following interest payments .shall each be for six months interest and shall be payable on each fifteenth day of April and October, the last interest payment coming due the October 15th immediately preceding the last annual .payment of the principal of the bonds issued to represent the un- paid assessment. The bonds shall bear interest at a rate to be determined on the sale thereof provided, however, that said rate shall not exceed the maximum rate of seven per cent (7 %) per annum. is hereby designated as the officer of said City to collect and 'receive the assessments. SECTION 5. That if the assessment for the improvement and acquisition results in a surplus in the Improvement Fund after the improvement is completed, the surplus shall be used for the maintenance of the improvement, pursuant to the provisions of Section 10427 (c) of the Streets and Highways Code. SECTION 6. That the legislative body hereby determines that the public interest will not be served by allowing the property owners to take the contract. SECTION 7. In the event the work is not completed within the time limit specified in the contract or within such further time as may be extended; the City shall charge the contractor liquidated damages in the net amount of One Hundred Dollars ($100.00) for each day or delay until the work is completed. SECTION 8. The legislative body further elects and declares that the redemption provisions of said bonds will pro - vide a premium of five percent (5%) on the unmatured principal. APPROVED and ADOPTED this day of 1970. MAYOR OF THE CITY OF ELSINORE, CALIFORNIA ATTEST: CITY CLERK i