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HomeMy WebLinkAbout93-152 - ResolutionsRESOLUTION NO. 93-152 A RESOLUTION OF THE CITY COUNCIL OF ~HE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ~ON TO ORDER THE INSTAT,TATION OF CERTAIN IMPRO%rf~IE:~PS IN A PROPOSED ASSESSM~ DISTRICT; DECLARING THE WORK TO BE OF MORE THAN ~ OR ORDINARY B~EFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY ~ COSTS AND EXPOSES THEREDF; AND PROVIDING FOR ~HE ISSEFuNCE OF BONDS THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DOES HEREBY RESOLVE AS FOLIJDWS: S~TION 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), to order the installation of certain public improvements, together with appurtenances and appurteDzunt work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The financing of certain public improvements described as certain street improvements on Foothill Boulevard, Masi Drive and Rochester Avenue, including but not limited to installation of base, paving, installation of curbs, gutters, sidewalks, driveway cuts, sidewalk drains, street lighting, street trees, landscaping, signage and stripping; drainage improvements; a traffic signal at Foothill Boulevard and Masi Drive; sewer and water facilities; public utilities; together with appurtenancas and appurtenant work, as well as acquisition of necessary rights-of-way, to serve and benefit properties within the boundaries of the Assessment District. shown upon B. Said streets, rights-of-way and easements shall be the plans herein referred to and to be filed with these C. All of said work and improvements are to be installed 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 contained in this Resolution is general in nature, and the plans and profiles of the work as contained in the Engineer's "R~port" shall be controlling as to the correct and detaileddescription thereof. DESCRIPTION OF ASSESSMENT DISTRICT S~CTION 2. That said improvements 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 district, which is desccribed as follows: II1~11I}i1111' II1:111~;t1'111 [ ] ' Resolution No. 93-152 Page 2 All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property benefited and to be assessed to pay the costs and expenses of said work and improvments in the Assessment District, said map titled "PROPOSED BOUNDARIES OF ASSESSM~FC DISTRICT NO. 93-1 (MASI PLAZA)", and which mp was heretofore approved and which said map is on file with the transcript of these proceedings, EXCEPTING therefrom the area shown within the area of all public streets, easements or public rights-of-way. For all particulars as to the ~ies of the Assessment District, reference is hereby made to said previously approved boundary map. REPORT OF ~qGIN~RR S~/fION 3. That this proposed improvement is hereby referred to ~a-FRI~DRI~ &ASSOCIATES, INC., who is hereby directed to make and file the report in writing containing the follc~ing: A. Plans and specifications of the proposed improvement, B. An estimate of the cost of the proposed works of including the cost of the incidental expenses in connection C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the tk3ssage of the Resolution of Intention, each of which subdivisions sb~11 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 improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be installed under these proceedings, and acquisition, where necessary. When any portion or percentage of the cost and expenses of the improven~ts 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 assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. Resolution No. 93-152 Page 3 S~2TION 4. Notice is hereby given that bonds to represent the unpaid assessments, 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 be issued not to exceed the leagal maximum term as authorized by law, THIRIY-~ (39) YEARS frc~ the second day of September next succeeding twelve (12) months frc~ their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and 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 aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate 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, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the ca~_mh collection period. Said' bonds further shall be serviced by the Treasurer or designated Paying Agent. Any bonds issued pursuant to these proceedings and Division (a) may be refunded, (b) the interest rate on said bonds shall not exceed the maximum interest rate as authorized for these proceedings, and the number of years to maturity shall not exceed the maximum number as authorized for these bonds unless a public hearing is expressly held as authorized pursuant to said Division 11.5, and (c) any adjustments in assessments resulting from any refundings will be done on a pro-rata basis. Any authorized refunding shall be pursuant to the above conditions, and pursuant to the provisions and restrictions of Division 11.5 of the Streets and Highways Code of the State of California, c~m-P_ncing with Section 9500, and all further conditions shall be set forth in the Bond Indenture to be approved prior to any issuance of bonds. '94UNICIPAL IMPROVSMENT ACT OF 1913" S~CTION 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be rode and ordered pursuant to the provision of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code fo the State of California. Resolution No. 93-152 Page 4 S~-TION 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accord__ance 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 ($1,000.00) or five percent (5%) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental C. For the maintenance of the improvement; or D. To call bonds SPECIAL FUND SEt'lION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessmmnt District, and into said Fund monies may be transferred at any time to expedite the making of the improvements herein authorized, 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. S~"TION 8. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the installation of the improvements, and that, as authorized by law, no notice of award of contract shall be published. S~CTION 9. That notice is hereby given that the grade to which the work shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The work herein contemplated shall be done to the grades 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 objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. ~INGS INOUTRIES S~2TION 10. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed totheperson designated below: Resolution No. 93-152 Page 5 DUANE BAKER, ASSISTANT TOCITYMANA~ER CITY OFRANC~O~GA 10500 CIVIC CENTER DRIVE RANC~OCU~, CA 91729 Tk~.k~qqONE: (909) 989-1851, EXT. 2006 SECTION 11. All public property in the use and performance of a public function shall be omitted ~rom assessment in these proceedings unless expressly provided and listed herein. AOOUISITION SECTION 12. That the public interest, convenience and necessity requLres that certain land, rights-of-way~ or easements be obtained in order to allow the works of improvement as Pr0~ for this Assessment District to be accomplished. The Engineer's "RepOrt", upon adoption, shall set forth a general description of the location and extent of easements and/or land necessary to be aoquired. NO CITY LTABILITY SECTION 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 Streets and Highways Code of the State of California, and said determination shall further be set forth in the text of the bonds issued pursuant to the "Improv~t Bond Act of 1915". ADDITIONAL PETITION SECTION 14. That an additional and subsequent petition signed by property owners representing more than 60% in area of the property subject to assessment for said improvement shall be signed and filed withthe legislative body, and thereafter no further proceedings or actions will be required under Division 4 of the Streets and Highways Code of the State of California, and "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". WORK ON PRIVATE PROPERTY SECTION 15. It is hereby further determined to be in the best public interest and convenience and more economiCal to do certain work on private property to elim/3~te any disparity in level or size between the improvements and the private property. The actural cost of such work is to be added to assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. Resolution No. 93-152 Page 6 SECTION 16. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code fo the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result frcm the administration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related funds. UTILITY I~5~ROV~S SfLTION 17. This legislative body, pursuant to the provisions of Streets and Highways Code Section 10110, proposes to enter into an agreement with a public agency or public utility where said facilities to be financed will be owned, managed and controlled by said other public agency or utility. The facilities to be financed under these proceedings include the construction of certain improvements which will be under the ownership, management and control of Southern California Edison and Southern California Gas. For particulars as to the terms and conditions of each Agreement, a copy of each Agreement shall be, upon approval, on file in the Office of the City Clerk. PASSED, APPROVED, and ADOPTfD this 21st day of July, 1993. Alexander, Gutierrez, Stout, Williams NOES: None ABSf~gT: Buquet Dennis L. Stout, Mayor · Ad~s, City Clerk I, DEBRA J. ADAMS, CITY ~.k~RK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing R~_solution was duly passed, apuroved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 21st day of July, 1993. Exectfced this 22nd day of July, 1993, at Rancho Cucamonga, California. City Clerk