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HomeMy WebLinkAboutCC Reso No 1990-064RESOLUTION NO. 90-64 RESOLUTION OF TfIE CITY OF I~ARE ELSINORE MAICING PRELII~IINARY FIND~NGS AND DIREC- TIONS AND DESIGNATING PERSONS TO PII2FORM DUTIES REI~ATSD TO ASSESSMENT DISTRICT 90-1 (SDI~II4EF2HILL) WHEREAS, the City Council for the City of Lake Elsinore (the "City") is considering the formation of an assessment district, under the provisions of the Municipal Improvement Act of 1913 (the "Act"), found in Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California to finance public improvements which will benefit certain lands within the City and to issues bonds pursuant to the Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of the California Streets and Highways Code; and WHEREAS, a property owner within such area benefit (the "Owner") desires to construct a portion of such improvements and upon completion thereof to sell such improvements to the City or other public agency which will own, operate or manage such improvements, all is provided in Section 10100 et seg. of the Act; and WHEREAS, as to those facilities, an Acquisition/Financing Agreement by and between the City and the Owner will be prepared to define the terms and conditions under which the improvements will be designed, constructed and acquired; and WHEREAS, the City at this time desires to make such certain i preliminary determinations with regard to the proposed Assessment District, to make certain directions to the City staff and Owner and to designate certain persons to perform duties related to the formation of said District. NOW, THEREFORE, TAE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE DOES AEREBY RESOLVE AS FOLLOWS: Section 1. The above Recitals each of them are true and correct. Section 2. The aforesaid proposed Assessment District shall be hereinafter designated and referred to as ASSESSMENT DISTRICT 90-1 (SUmmerhill) Section 3. City staff is hereby directed to select an engineer of work for said Assessment District, said engineer of work being hereby directed to make and file a report in writing containing the followinq: (a) Plans and specifications of the proposed improvements; (b) An estimate of the cost of the proposed work and improvements, including the incidental expenses in connection therewith; -2- (c) A diagram showing the boundaries of the Assessment District which shall also show the dimensions of the respective subdivisions of land within the Assessment District, as the same will exist at the time of the passage of the Resolution of Intention, each of which subdivision 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 proposed improvements upon the several subdivisions of land in proportion to the estimated benefits to be received by such subdivisions, 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 to be constructed under these proceedings, and acquisition, where necessary. 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 cost and expenses of said work and improvements, and said assessments shall include only the remainder of the estimated costs and expenses. Section 4. Said engineer of work is further directed to prepare a boundary map of said Assessment District specifically setting forth the legal description of said Assessment District, said boundary map to be recorded in the Office of the County Recorder upon approval of the City; -3- Section 5. For the purposes of advertisement related to formation of the aforesaid Assessment District, the following newspapers hereby designated, said newspaper being a newspaper general circulation within the City; LAKE ELSINORE SUN TRIBUNE Section 6. The law firms of Brown, Harper, Burns & Hentschke and Jones Hall Hill & White are hereby designated as Co-BOnd counsel for said Assessment District. The law firm of Brown, Harper, Burns & Hentschke is hereby designated as the lead Bond Counsel for the purposes of this District, and is hereby directed to prepare those documents necessary for the formation of the District, inlcuding the Acquisition/Financing Agreement.. Section 7. Proceeding inquiries. For any and all information related to these proceedings, including, information relating to the protest procedure, the contact person is hereby designated as: Ron Kirchner Public Services Director City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92330 Section 8. It is the intention of the City Council 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. Owner is directed to provide that data necessary to commence said -4- proceeding and provide that information to the engineer of work or alternatively file a petition and waiver pursuant to Section 2804(3) of the 1931 Act, with the result that no further proceedings pursuant to the 1931 Act would be required. PASSED, APPROVED AND ADOPTED this 2nd day of July _, 1990. ATTEST: VICKI KA$AD, City of Lake APPROVED AS TO FORM: City Attorney City of Lake E sinore -5- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF LAKE ELSINORE) I~ Virki Kacari , CITY CLERK of the City of LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foreqoing Resolution, being Resolution No. q~_tiQ was duly passed, approved and adopted by the City Council, approved and signed by Ehe mayor, and attested by the City Clerk, all at the adjourned meeting of said City Council held on the 2nd day of ~u7y , 1990, and that the same was passed and adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, D0~1IN,UEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: GJINRLER ABSTAIN: COUNCILMEMBERS: PJONE EXECUTED this ~„~ day of at LAKE ELSINORE, CALIFORNIA. , 1990. ~ CITY CL CITY OF LAKE ELSINORE [SEAL] -6- LE#16/RESO0001