Loading...
HomeMy WebLinkAboutCC Reso No 1993-10RESOLUTION NO. 93-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ORDER THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL I1~4PROVEMENT 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 BONDS WHEREAS, the City Council of the City of Lake Elsinore (the "City"), 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 California Streets and Highways Code, for the acquisition of certain public works and improvements, if necessary; and WHEREAS, the City desires to declare its intention to order acquisition of said improvements, describing the lands to be benefited and assessed to pay the costs and expenses of said improvements and providing for the issuance of bonds; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AS FOLLOWS: SECTION 1. Description of the Improvements. The public interest and convenience require, and it is the intention of the City, pursuant to the provision of the Act, to order the special assessment district designated ASSESSMENT DISTRICT NO. 93-1 (Cottonwood Hills), hereinafter referred to as the "Assessment District"), said improvements generally described as follows: RAILROAD CANYON ROAD (hereinafter referred to as the "Improvements"). For further particulars, reference is hereby made to a Map of the Assessment District previously adopted, and to the following additional provisions: (b) Said 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 said work and improvements have been 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. (d) The description of the improvements and the extent thereof as contained in this Resolution are general in nature. All items of works do not necessarily extend for the full length of the description thereof. The plans and profiles of the work as contained in the Engineer's Report and on such detailed plans as may 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 referred to aze included to the extent that work shall be shown on the plans therein. SECTION 2. Description of Assessment District. Said improvements and work are of direct benefit to the properties and land within the Assessment District, and the City hereby makes the expenses of said work and improvements chazgeable upon those properties, which properties are hereby declazed to constitute the Assessment District benefitted by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental costs and expenses, described as follows: All that certain territory included within the exterior boundary lines shown on the plat exhibiting the property affected or benefitted by or to be assessed to pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 93-1 (Cottonwood Hills) and which said map was heretofore approved and is on file with the transcript of these proceedings, EXCEPTING therefrom the azea 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, reference is hereby made to said map and for a complete description of said Assessment District, the boundary map on file shall govern. SECTION 3. Report of En ig nor. This description of the Improvements is hereby referred to the Engineer of Work of the Assessment District, previously designated, who is hereby directed to make and file the report in writing containing the following: (a) Plans and specifications of the improvements; (b) The cost of the work and improvements, including the incidental expenses in connection therewith; (c) A diagram showing the boundaries of the Assessment District which shall also shows the 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, each of which subdivisions shall be given a separate number upon said diagram; (d) A proposed 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, respectively, from said improvements. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; (e) A description of the improvements acquired under these proceedings. 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 said work and improvements, and said assessments shall include only the remainder of the estimated costs and expenses. SECTION 4. Bonds. Notice is hereby given that serial bonds to represent the unpaid assessments, and bearing interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will if at all, be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 (commencing with Section 8500) of the California Streets and Highways Code, the last installment of which bonds shall mature a maximum of and not to exceed thirty (30) years from the second day of September next succeeding twelve (12) months from their date. The provision of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. The principal amount of the bonds maturing each year may be other than an amount equal to an even annual proportion of the aggregate principal amount of the bonds; the amount of principal maturing in each year plus the amount of interest payable in that year, will be an amount that is approximately equal each year, except for an adjustment in the first year's assessment. SECTION 5. Authority for Proceedings. Except as herein otherwise provided for the issuance of bonds, all of the improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act . of 1913". SECTION 6. Surplus Funds. If any excess shall be realized from the assessment after acquisition of the Improvements and payment or provision for the payment of all costs and expenses in connection with the Assessment District, such excess shall be used, in such amounts as this legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund, provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000) or five percent (5%) of the total amount expended from the Improvement Fund (as hereinafter established): (b) As a credit upon the assessment and any supplemental assessment as provided in Section 10427.1; or (c) For the maintenance of the Improvements. SECTION 7. Special Fund. The legislative body hereby establishes a special fund designated ASSESSMENT DISTRICT NO. 93-1 (Cottonwood Hills) FUND into which moneys may be transferred at any time to expedite the making of the Improvements herein authorized; said moneys are a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. SECTION 9. Proceedings Inquires For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below at the department indicated: SECTION 10. Public Property. 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. SECTION 11. Bond Redem to ion. The legislative body further elects to provide that the bonds herein authorized, upon redemption prior to maturity, shall provide a premium of not to exceed five percent (5 %) on the unmatured principal, to be determined and specified in the SECTION 12. Division 4 Proceedings. It is the intention of this legislative body to fully comply with the proceedings and provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the "1931 Act"), being Division 4 (commencing with Section 2800) of the California Streets and Highways Code. A Petition and Waiver has been filed by the property owners pursuant to Section 2804(3) of the 1931 Act and no further proceedings under the 1931 Act aze required; such Petition and Waiver is on file with the transcript of this proceeding and open for inspection by the public. A certificate evidencing the date and adoption of this resolution shall be endorsed on the original Map of the Assessment District and on at least one copy thereof. PASSED, APPROVED and this 9th day of March 1993. STA CITY OF LAKE ELSINORE STATF. Or CALIFORNIA APPROVED TO AS FORM: ITY OF LAKE ELSINORE CALIFORNIA ~~ CITY ATTO Y, C Y OF LAKE ELSINORE I, Vicki Kasad ,City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing resolution was introduced and adopted at a regulaz meeting of the City Council of the City of Lake Elsinore held on the 9th day of March 1993, by the following vote: ' AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMIN,UEZ, WINKLER, b1ASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI 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 9th day of March, 1993, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~< VICKI %:1iS D, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICKI 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. 93-10 of said Council, and that the same has not been amended or repealed. D~.TED: March 10, 1993 r~ ~1 VICKI KASAD, ChTY ;CLERK CITY OF ',AKE EL:=INORE (SEAL)