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HomeMy WebLinkAboutCC Reso No 1990-013RESOLUTION NO. 9~_17 A RESOLUTION OF THE CITY CODNCIL OF THE CITY OF LAKE ELSINORE~ CALIFORNIA~ DECLARING INTENTION AND COVERING PRELIMINARY DETERMINATION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS. IN A PROPOSED ASSESSMENT DISTRICT; ORDERING THE PRE- PARATION OF A REPORT DESCRIBING THE DISTAICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1. The public intereat and convenience require, and it ie the inten- tion of this body, pursuant to the provisione of Division 12 of the Streete and Highwaya Code of the State of California (the "Municipal improvement Act 1913"), to order the construction of certain public improvements, together with appurtenances and appvrtenant work, in a special aesesement district known and designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (here- inafter referred to as the "Aesessment District"). DESCRIPTION OF IMPROVEMENTS A. The construction and installation of sanitary sewer facili- ties, including sewer mains, manholee, laterals and lift station facilities, together with appurtenances and appurte- nant work, including the payment of incidental and sewer charges, all necessary to serve and benefit properties located within the boundaries of this Assessment District. B. Said streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be 'filed with these proceedinga. ~. All of said work and improvementa are to be constructed at the places and in the particular locations, of the forma, aizes, dimensions and materials, and at the lines, gradee and elevationa as shown and delineated upon the plana, profiles and specifications to be made therefor, as hereinafter provided. D. The description of the improvements and the termini of the work contained in thie Reeolution are general in nature. All itema of work do not necessarily extend for the full length of the description thereof. The plana and profiles of the work as contained in the Engineer's "Report" shall be controlling as to the correct and detailed description thereof. E. Notice is hereby given of the fact that in many casea said work and improvement will bring the finiahed work to a grade different from that formerly exiating, and that to aaid extent, said gradea are hereby changed and said work will be done to said changed gradea. ~ DESCRIPTION OF ASSESSMENT DISTRICT ~I ~ 2, That eaid improvements and work are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement chargeable upon a dietrict, which said Asseasment i District ie hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and coste and which is deacribed as followe: All that certain territory in the Diatrict included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be asseesed to pay the coats and expenses of eaid work and improvements in the Assesement District, said map titled and identified ae "PROPOSED BOUNDARIES OF NORTHWEST SEWER ASSESSMENT DISTR2CT NO. 86-1", and which map was heretofore approved and which eaid or diagram is on file with the transcript of these proceedinge, EXCEPTING therefrom the area ehown within and delineated upon eaid map or plat hereinabove referred to, the area of all public etreete, public avenuea, public lanes, public roada, public drivea, public courts, public alleys, and all easemente and righte-of-way therein contained belonging to the public. For all particulara as to the bounda- ries of the Aeaesament Dietrict, reference is hereby made to said boundary map heretofore previously approved, and for a complete deacription of said Asaessment District, the eaid plat and proposed boundary map on file ahall govern. REPORT OF ENGINEER 3. That this proposed improvement ie hereby referred to the ENGINEER OF WORK, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improvements; B. An estimate of the cost of the proposed worke of improvement, including the cost of the incidental expenses in connection therewith; C. A diagram ehowing the Aeeesement Dietrict above referred to, which shall also show the boundaries and dimenaions of the respective subdivieions of land within eaid Assesement Dietrict, ae the same existed at the time of the paseage of the Resolvtion of Intention, each of which avbdivieions ehall be given a separate number upon said Diagram; D. A propoaed asseasment of the total amount of the aseeeeable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such eubdivisions, respectively, from said improvement. Said aseessment ehall refer to such subdivisions upon said diagram by the reepective numbers thereof; E. The description of the worka of improvement to be conatructed under these proceedinge, and acquieition, where neceseary. F. The total amount, as near as may be determined, of the principal eum o£ nny unpaid epecial aesessments previouely levied or pending, other than thase con4emplated in theae proceedings. c. The true value of the parcels of land and improvements which are proposed to be assessed. Said true value may be esti- mated as the full cash value of the parcela as shown upon the last equalized assessment roll of the Covnty. 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 improvementa, and eaid assessment shall include only the remainder of the estimated coets and expenses. Said aeseasment shall refer to said subdivisiona by their respective numbere as assigned pursuant to Subsection D. of thie Section. BONDS 4. Notice ie hereby given that bonda to repreeent the unpaid assees- ments, and bear interest at the rate of not to exceed the current legal maximum rate of 12~ per annum, will be iseued hereunder in the manner provided in the "improvement Bond Act of 1915", being Division 10 of the Streeta and Highways Code of the State of California, which bonds shall mature a maximum of and not to exceed TWENTY-FOUR (24) YEARS from the second day of September next -succeeding twelve (12) montha from their date. The provisions of Part il.l of said Act, providing an alternative procedure for the advance payment of aesessmente and the calling of bonds ehall apply. The principal amount of the bonds maturing each year ehall 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, plue the amount of interest payable in that year, will be generally an aggregate amount that ie equal each year, except for the firet year's adjuatment. Purauant to the provisiona of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the asseasments during the cash collection period. 5aid bonds further shall be serviced by the Treasurer or designated Paying Agent. "MUNICIPAL IMPROVEMENT ACT OF 1913" ~ ~ 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered puraUant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streete and Highwaye Code of the State of California. SURPLUS FUNDS 6. That if any excees ahall be realized from the asseasment, it shall be used, in avch amovnts as the legislative body may determine, in accordance with the provieione of law for one or more of the following purposee: ~ A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the leeeer of One Thousand Dollars ($1,000.00) or five percent (5~) of the total from the Improvement Fund; B. As a credit upon the asseesment and any supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND 7. The legislative body hereby establishee a special improvement fund identified and deeignated by the name of thie Aesesament District, and into said Fund moniea may be transferred at any time to expedite the making of the improvementa herein autho- rized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PRIVATE CONTRACT ~ 6. Notice is hereby given that the public interest will not be eerved by allowing the property owners to take the contract for the conetruction of the improvementa, and that, as authorized by law, no notice of award of contract shall be published. GRADES 9. That notice is hereby given that the grade to which the work shall be done is to be ehown on the plans and profiles therefor, which grade may vary from the existing grades. The work herein contemplated ahall be done to the gradea as indicated on the plans and specifications, to which reference is made for a description of the grade at which the work is to be done. Any ' objectione or proteste to the propoaed grade ehall be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES 10. For any and all information relating to these proceedings, including information relating to protest procedure, your attention ie directed to the pereon deaignated below: ~ RON KIRCHNER, DIRECTOR OF PUBLIC SERVICES ~ CITY OF LAKE ELSINORE 130 SOUTH MAIN ST. LAKE ELSINORE, CA 92330 ~ TELEPHONE: (714) 674-3125, EXT. 240 PUBLIC PROPERTY 11. All public property in the use and performance of a public function ehall be omitted from aseesement in these proceedings unless expreesly provided and liated herein. ACOUISITION 12. That the public interest, convenience and necessity requires that certain land, rights-of-way or easements be obtained in order to allow the works of improvement as proposed for this Assessment Diatrict to be accomplished. For a general description of the location and extent of the eaeements or land neceseary to be acquired, reference is hereby made to maps on file with the transcript of theae proceedings. NO CITY LIABILITY 13. This legislative body hereby further declares not to obligate itself to advance available funds from the Treasury to cure any deficiency which may occur in the bond redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the Streete and Highways Code of the State of Califor- nia, and said determination shall further be set forth in the ' text of the bonds iesued pursvant to the "Improvement Bond Act of 1915" ~ DIVISION 4 PROCEEDINGS 14. It fa the intention of this legislative body to fully comply with the proceedings and provisiona of the "Special Aaeesement Inveati- gation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California. A combined Report, ae authorized by Section 2961, will be on file with the tranacript of these proceedings and open for public inspection. WORK ON PRIVATE PROPERTY 15. it is hereby further determined to be in the best public intereat and convenience and more economical to do certain work on private property to eliminate any diaparity in level or size between the improvements and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of thie nature is to be performed until the written consent of the property owner is first obtained. UTILITY IMPROVEMENTS 16. This legislative body further proposes to enter into an Agreement with the Elsinore Valley Municipal Water Dietrict, as a~thorized by Streets and Highways Code ~10110, setting forth terms and conditions to the award of the construction contract, the ownershin and maintenance of said facilities, including required special sewer charges. A copy of said Agreement shall be, upon approval, on file in the Office of the City Clerk PASSED, APPROVED AND ADOPTED this 13th day of "1arch, 1990, upon the following vote: AYES: COUNCILPIEMBERS: BUCK, DOMINGUEZ, STARKEY, l•IINKLER NOES: COUNCILf1EMBERS: NONE ABSENT: COUNCILP1EMBERS: NONE ABSTAIN: COUNCIL~4EMBERS: WASHBURN ^ /~ TEST: KI K/1S D, CITY CLERK CITY OF LAKE ELSINORf APPROVED AS TO FORM: ~)~~ ~l. ~~ _ C'' _ JOHN R. HARPER ' . CITY ATTORNEY ~ CITY OF LAKE ELSINORE CITY OF LAKE ELSI STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD, CITY CLERK of~the CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Reeolution No, 90-13 was duly passed, approved and adopted by the City council, approved and signed by the Mayor, and attested by the City Clerk, all at the regUldr meeting of said City Council held on the 1~+h day of Ma , 1990, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS : BUCK, DOP1IN,UEZ, STARKEY, WINKLER NOES: COUNCIL MEMBERS : NONE ~ ABSENT: COUNCIL MEMBERS; NONE ASSTAIN: COUNCIL MEMBERS; WASHBURN da of ~+,•--~ , 1990, at Lake Elainore, EXECUTED this 14th Y California. r • C "':` LYNNE I SAD - CITY CLERK CITY OF LAKE ELSINORF. STATE OF CALIFORNIA [SEALj