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Home My WebLink AboutCC Reso No 1990-090 ~ RGSOLUTION No. 90-90 A RESOLUTION OF THC CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING INTENTION TO ORDER THC ACQUISITION OF CGRTAIN IMPROVEMENTS IN A PROPOSCD ASSCSSMGNT DISTRICT~ DECLARING THG WORK TO BE OF MORE TkIAN LOCAL OR ORDINAAY BENEFIT; DESCRIBING THE DISTRICT TO DE ASSGSS~D TO PAY THE COSTS TND EXPGNSCS THBRGOP; AND PROVIDING FOR THC ISSUANCC OC BONDu^ THC CITY COUNCIL OP TN~ CITY OP LAK~ BLSINORE~ C1ILIFORNIA, DOES HGRCBY RESOLVE AS FOLLOWS: 1. The public interest and convenience require, and it is the intent;ion of this body, pursuant to the ~provisions of Division 12 of the Streets and Highways Code of the State of California (the~"MUnicipal Improve- ment Act 1913'•), to order the acquisition of certain public improvements, together with appurtenances and appurtenant work, in a epecial assessment distLict Icnown and designated as ASSESSMGNT DISTRICT NO. 90-1A (hereinaftet referred to as the "Assessment District"). DESCRIPTION OP IMPROVEMI:NTS The works of improveinent are generally described as the acquisi- tion of necessary grading for public riyhCS-of-way and appurtenances, to serve City of Lalce Elsinore Subdivision Tracts No~. 20704 and ~20705. Thi3 constitutes the firsL- phase oE construction, and other worlcs of improvement will be subsequently constructed within the dedicated rights-of-way. UESCRLPTION Oti ASSFStiMCNT DIS'CRiCT ~ z. That said improvements and wor)c to be acquired are of direct benefit to the properties and land within the Assessment Dislrict, and this leqislative body hereby malces the expenses of said woric, improveinents and acquisition chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District~benefited by said worlc and improvements and to Ue assessed to pay L-he costs and expenses thereof, including incldental expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be aeseesed to pay the coste and expensee of said acqulei- tion in the Aasessment District, 9aid map titled and identified a~ "PROPOSGD BOUNDARIES OF ASSESSMENT DISTRICT NO. 90-1A", and which map was heretofore approved and which said or diagram is on file with the transcript of these proceedings, EXCGPTING thereErom Lhe area shown wiChin 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, public alleys, and all easements and riyhte-of-way therein contained belong- ing to the public. For all particulars as to the boundaries of the Assess- ment District, reference is hereby made to said Uoundary map heretofore previously approved and on file. RGPORT OP ~NGINCGR~ ~ 3. That t-his proposed acquisition is hereby referred to BSI CONSUL- TANTS, ~ INC. , who is hereby directed to malce and file the report in writing containing the followiny: A. Plans of the "as-built" improvements to be acquired; s, A final estimate of the cost of the acquisition of the "as- built" worlcs of improvements; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivi- sions of land within said Assessment District, as the same existed at the time of the passaye of the Resolution of Intention, each oL whicii subdivi- sions shall be given a separate number upon said Diagram;. p, A proposed assessment of the total amount of the assessable cos~ts and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits l-o be received by such subdivi- sions, respectively, from s2id acquisition of improvements. saia de5essmeu~ ehall cefer to such eubdiviaions upon said diagram by the respective numbers thereof; E. The description of the worlc~ of improvement to be acquire~. under these procee8ings. When any portivn or percentage of the cost and expenses of the , acquieition ie to be paid from sourcea other than asaessmente, the amount of euch~portion or percentaye ehall ~Lirst be deducted from the tolal estimated coets and expenses of said acquieition, and said assessment ahall include only the remainder of the estimated costs.and expenses. Said assessment shall refer to eaid aubdivieione by their respective numbera ae aseiyned pureuant to Subeection D. of~thia Section. 60ND5 4. Notice is hereby given that bonds to represent the unpaid assess- ments, and bear interest at the rate of not to exceed the current legal maximum rate of 12~~per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the streets and Highways Code~ of the State of California, which bonds shall mature a maxlmum of and not to exceed TWENTY-FOUR (24) YEARS from the second day of SeptemUer next succeeding twelve (12) months from their date. The provisions of ~Part 11.1 of said Act, providiny an alternative procedure for the advance payment~of assessments ancl the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggieyate prlncipal of the bonds, and the amounL oL principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggre- gate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets and Highways Code of the State of California, apecifically Sect'ion 10603, the Treasurer ia hereby clesiynated as the~ofEicer to collect and receive the assesements during the caeh collection period, and eai~l bonde fusth~r ehall be serv'sced by L•he Office of the City Treasurer. , "MUNICIPAL IMPROVEMENT ACT O[~' 1913" 5. That except ae herein otherwiee provided for the iseuance of bonds,, all of eaid improvements ahall be made and ordered pursuant to the ~ provieions of the "Municipal Impcovement Act of 1913", beiny Division 12 of - the Streets and Highways Code of the State of California. SURPLUS PUNDS ~ 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legielative Uody may~dei-ermine, in accordance with the proviaions of law for one or more of the following purpoaes: ~ A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5~) of the total from the Improvement Fund; e. F~s a credit upon the aesessment and any supplemenCal assess- ment; or D. For the maintenance of the improvement. SPGCIAL PUND 7. The legislative body hereby establishes a special It~IPROVCMGNT FUN~ identified and designated by tlie name of this Assessment District, and into said Pund monies may be transferred at any Cime to expedite the malclny of the acquisition herein authorized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of tlie sale of bonds as authorized by law. ~ PROCGEDINGS INQUIRIES 8. For any and all information relating to these proceedings, includiny information relating to protect procedure, your at:tention is directed to the pereon designated below: R71Y WOOD~ ADMINISTRA'fIV6 S~RVICES DIRECTOR CITY OF LAICE GLSINOF2Ii ~ ~130 SOUTH MAIN STRCE7' LAKG GLSINORS, Cn 92330 TP:LGPHONE: (714) 674-J124, P•.Y.T. 2A0 , PVBLIC PROPERTY 9. A1,1 public proyerty in lhe use and performance of a public function ehall be omitted from assessment in these proceedings unlesa expressly provided and listed herein. ACQUISITION 10. Tiiat the public inLerest and convenience and the statute autlio- rizes the acquisition of those improvements as described in this Resolution, and said improvements are in existence and have been installed in place ptior to the.date of adoption of this Resolution. For further particulars and a description of the works of improvement to be acquired, reference is made to the Enyineer's "Report", a copy of which will be on file in the Office of tlie City Clerk and open for public inspection upon its preliminary approval. . NO CITY LIABILITY 11. The legislative body further declares not to obligate itself to advance any available funds from the Treasury to cure any deficiency or delinquency whidt may occur in the bond redemption fund. This determination is made pursuant to the authorization of Section 8769(b) of the Streets and Highways Code of the State of California, and said determination shall further be set LorCh in the text of Che bonds issued pursuant to the "Improvement Bond Act.of 1915". PI:TITION 12. That a petition siyned Uy property owners representiny more than 60F in area of the property subject to assessment for said improvement has been ai9ned and. filed with the legislative body, and said written petition expressly contains a waiver of any of the proceeclings and limil-at.ions as aet forth under Division 4 of the Streets and Hi9hways Code of the State of CaliEornia, tiie "Special Assessment InvestigaLion, Limitation and Majority Protest- Act of 1931" ANNUAL ADMINISTRATIVE ASSESSMENT 13. It ie hereby declared that thie Leyielative body propoaes to levy an annual aesesement pursuanL- to Seclion 10204 of the Streets and Highways Code of the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collecLion of assessments or from the administration or reyi~tration of any aesociated bonds and reserve of other related funds. ~ PASSED, APPROVED and ADOPTGD 25th day of Se~tember , 1990 ~_! .` IN~ ~ . VICKI LYNN~~KASAD CITY CI,ERK CITY OF LAKE ELSINORE APPAOVED AS TO FORM: ~`~~'rV~ 1~ JOHN R- HARPSR CITY ATTORNEY . CITY OF LA[:E ELSINORC 9AR~ M.,~IWASHHl1RN MAYOR (~ CITY OF LAKE ELSINORE STATE OF CALIFORNIA ^uTATIR OF CAI. f FC1RN I A COUNTY OF RlVL•:R~lDI. CI'CY OI~ I.AIUi IiLti11JORL I, VZCKI LYNNG KASAU, CITY ~CLL•'RK oC Cf~e CITY OF L11Kii CLSINORF., C1ILICORNIA, DO I1P:RE1]Y CI:R1'II~Y ChnC I:he Eoregoiny IiesoluCion, being lie~olul'ion No. 90-90 , wa3 ~luly passed. appca~ved and adopCed by Lhe CiCy Council. npp[ovrtl antl nignr~l hy Chr Mny~ir. nnA nttnntr~~l I'~y 1'.ho CiYy CI.BrIt~ ~I I nt I:he regular meeciny of said city Counc.il held on tnP 25th day oC Spntamh2r , 1990, ~ and that I:hr= s~m~ wi;; . passed -ancl ~dnpted by the followinq v~:~Co: py~3;;; COUNCIL r+rwneas : BUCK, DOMINGUEZ, STARKEY, 4JINKLER, I~IASHBURN NOIiS: CUUNCTI. MI:MIII:RS : NONE nuSGNT: COUIJCIL r~rworas : NONE nns~rntn: couNCit, Mr•,MU~eics : NONE ~exrcu•ri?o rnis 6th d:,y of ~~amhar , 1s~9o, at i,alce rls.inore, calitornia. ~ . VICRL. LY1J[`{'f$ I(ASAU C ['I'Y CLI4RI( U ('i'I'\' Ili' I.AIU? I?L:iJNfIIUi :>'I'A'fl'. OI' CALII'ORW1.A [SCAL~