Loading...
HomeMy WebLinkAboutCC Reso No 1970-1335RESOLUTION NO. 1335 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVE- MENTS AND ACQUISITION TOGETHER WITH APPURTENANT WORK IN ASSESSMENT DISTRICT NO. 1 IN THE CITY OF ELSINORE AND CERTAIN PORTIONS IN UNINCORPOR- ATED TERRITORY OF THli COUNTY OF RIVERSIDE; DE- CLARTNG THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND TO BE ASSESSED TO PAY THE COST AND EXPENSE THEREOF AND DETER- MINING LIQUIDATED DAMAGES. ~ 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 Councii, pursuant to the provisions of Division 12 0£ 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 £or sanitary sewer purposes: EASEMENT "A" Commencing at intersection of Bunker Street and Riverside Street running in a straight line S1y 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 NE1y to 0leander Drive to a point approximately 30 ft. S1y of Avondale Way. For particulars, reference is hereby made to "Proposed Boundary Map" on file in the office o£ the City Clerk. DESCRIPTION OF WORK FIRST: The construction of certain sanitary sewer mains, lines and laterals, together with appurtenances and appurtenant work in connection therewith in EASEMENT "A" EASEMENT "B"; and in -1- 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 N1y termini; and in , e AVONDALE WAY between Bonnie Lea Drive and Oieander 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 3100 SEly o£ Riverside Street, and a point approximately 500 ft. NW1y 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. NWly thereof. SECOND: The construction of sanitary sewer pump stations, together with appurtenances and appurtenant work in connection therewith, at the following location s (a) Intersection o£ Bunker Street and Riverside Street (b) Riverside Street approximately 400 £t. S1y of Rice Street (c) Intersection of Lincoln Street and Riverside Street (d) Riverside Street approximately 2000 ft. Sly of Lincoln Street (e) Intersection o£ 0leander Drive and Avondale Way THIRD: The construction o£ waste stabilization lagoons, together with appurtenances on CITY OWNED PARCEL -2- N1y of existing City o£ Elsinore sewer treatment plant For further particulars, re£erence is made to "Proposed Boundary Map" on file in the office of the City C1erk. SECTION 2. That the said acquisition o£ 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 chargeabie upon a district, which said District the City Councii 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: A11 that certain territory situated in the City o£ Elsinore, County o£ Riverside, State of California, and certain portions in unincorporated territory of the County o£ Riverside, inciuded 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 o£ 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 o£ Riverside, State of California", and which said P1at was here- tofore approved by the City Council oP said City at the time of the approval of the plat as aforesaid, which said plat or Diagram is on file in the office of the City C1erk and copy of which is on file in the o££ice o£ the City Engineer of said City, EXCEPTING £rom the area shown within and delineated upon said Map or P1at hereinabove referred to, the area o£ all public streets, public avenues, public lanes, public roads, public drives, public courts, , public alleys and a11 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 1ot or parcel of land is in use £or the performance of any public £unction, 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. Re£erence is hereby made to said P1at £or further, £u11 and more particular description of the said Assessment District, and the said P1at so on £ile shall govern for a11 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 o£ Work is hereby directed to make and fiie with said C1erk a report in writing containing the following: l. 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 sha11 also show the boundaries and dimensions o£ the respective subdivisions o£ land within said District, as the same existed at the time of the passage o£ the Resolution of Intention, each oE which subdivisions sha11 be given a separate number upon said Diagram. 4• A proposed assessment o£ the total amount of the cost and expenses o£ 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, -4- from said improvement. Said assessment sha11 re£er 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 £or thirty (30) days after the date of the re- cording o£ the Diagram and Assessment for this improvement and acquisition. The serial bonds sha11 extend over a period of n~ne ~9) years from the second day of January next succeeding the next September lst following their date. The principal sum sha11 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 sha11 be payable on the Apri1 15th next succeeding the March lst or the October 15th next succeeding the September lst, as the case may be, next fo1- loWing the date of the bonds. The following interest payments shail each be for six months interest and sha11 be payable on each £i£teenth 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 sha11 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. Pursuant to the provisions of Streets and Highways Code Section 10603, City Treasurer -5- , is hereby designated as the oPficer of said City to coliect 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 o£ 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 wi11 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 sha11 charge the contractor liquidated damages in the net amount o£ One Hundred Dollars ($100.00) for each day or delay until the work is completed. SECTION 8. The legislative bod~ 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 24th day of Julv , 1970. ..J`~ /~~ ~ir~-_ - OF THE C Y OF ELSINORE, CALIFORNIA - ATTEST: ~~~~ p~ `~-~ ~.o.~, ~ D/~ CITY CLERK -6- _ . STATE OF CALIFORNIA ~ -' COUNTY OF RIVERSIDE ) SS CITY OF ELSINORE ) I, FLORENCE MARSHALL ~ City Clerk of the City of Elsinore _. Califorhia, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. _/~_~,.5- , was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a n adiourned meeting of said City Couhcil held on the 24th day of July 19 70 ; and that the same was passed ahd adopted by the following vote, to wit: AYES: COUNCILMEN Cartier, DePasquale, Harmatz, ' Perkins ,. ` _ , NOES: COUNCILMEN none ABSENT: COUNCILMEN Mayor Ghaffin DATED this_ 2,~th ' day of_ Julv 19 70 ~ ~ . J ~-a-~ ~ _ Oo~ (SEAL) CITY CLERK OF THE CITY OF ELSINORE, CALIFORNIA