HomeMy WebLinkAbout85-96 - ResolutionsRESOLUTION NO. 85-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO
CUCAMONGA, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING
THE IMPROVEHENTS MADE, TOGETHER WITH APPURTENANCES, AND
APPROVING THE ENGINEER'S ~REPORT"
WHEREAS, the City Council of the City of Rancho Cucamonga, California,
did, on the 6th day of February, 1985, adopt its Resolution of Intention No.
85-39, for the construction of certain public works of improvement, together
with appurtenances and appurtenant work, including acquisition where
appropriate, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 84-2
(ALTA LOMA CHANNEL IMPROVEMENTS)
(hereinafter referred to as the ~ssessment District"); and
WHEREAS, pursuant to said Resolution of Intention, a 'Report", as
therein provided, was presented, considered and approved; and
WHEREAS, said ~eport", as preliminarily approved, contained all the
matters and items called for by law and as pursuant to the provisions of the
~unicipal Improvement Act of 1913', being Division 12 of the Streets and
Highways Code of the State of California, including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement; and
k"rlEREAS, all protests have been heard and considered, and a full
hearing has been given, all in the manner provided by law; and
WHEREAS, notices of said hearing were duly and regularly posted,
mailed and published in the time, form and manner required by law and as
evidenced by affidavits on file with the transcript of these proceedings; and
WHEREAS, the owners of one-half (1/2) of the area assessed for the
cost of the project did not file written protests against the said proposed
improvements and acquisition, where appropriate, and this City Council did,
after providing a full hearing, overrule and deny all protests and objections;
and
WHEREAS, the assessment roll has been updated since the preliminary
approval by this legislative body; and
WHEREAS, this City Council is now satisfied with the assessment and
all matters contained in the 'Report" as now submitted.
THEREFORE, IT IS HEREBY RESOLVED AS FOLLOW/S:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That the "~eport", consisting of the assessment and
diagram for the improvements, together with appurtenances and appurtenant work
in connection therewith, including acquisition where appropriate, is hereby
confirmed.
Resolution No. 85-96
Page 2
SECTION 3: That the public interest and convenience require the
proposed improvements to be made, and therefore it is hereby ordered that the
work to be done and improvements to be made, together with appurtenances and
appurtenant work in connection therewith, including acquisition where
appropriate, in said Assessment District, as set forth in the Resolution of
Intention previously adopted and as set forth in the 'Report" presented and
considered, and as now submitted.
SECTION 4: That the assessment contained in said 'Report" is hereby
levied upon the respective subdivisions of land in the Assessment District as
set forth in said "Report".
SECTION 5: That the City Clerk shall forthwith deliver to the
Superintendent of Streets and said assessment,d together with the diagram
attached thereto and made a part thereof, as confirmed, with his certificate of
such confirmation attached and the date thereof: and that said Superintendent
of Streets shall then immediately record said diagram and assessment in his
Office in a suitable book to be kept for the purpose and attach thereto his
certificate of the date of such recording.
SECTION 6: That said Superintendent of Streets, upon the recording of
said diagram and assessment, shall mail to each owner of real property within
the Assessment District at his last known address, as the same appears on the
tax rolls of the County or on file in the Office of the City Clerk, or to both
addresses if said address is not the same, or to General Delivery when no
address so appears, a statement containing a designation by street n~nber or
other description of the property assessed sufficient to enable the owner to
identify the same, the amount of the assessment, the time and place of payment
thereof, the effect of failure to pay within such time, and a statement of the
fact that bonds will be issued on unpaid assessments pursuant to the
"Improvement Bond Act of 1915".
SECTION 7: That said Superintendent of Streets shall also give notice
by publishing a copy of a notice of recording of assessment in the newspaper
previously selected to publish all notices as provided by law, giving notice
that said assessment has been recorded in his Office, and that all sums
assessed thereon are due and payable inmediately, and that the payment of said
sums is to be made within thirty (30) days after the date of recording the
assessment, which date shall be so stated in said notice, and of the fact that
securities will be issued upon unpaid assessments.
SECTION 8: Upon confirmation of the assessments and recordation of
the assessment roll and diagram, a certified copy of the assessment diagram
shall be immediately filed in the Office of the County Recorder. Immediately
thereafter, a copy of the notice of assessment shall be recorded in the Office
of the County Recorder in the manner and form as set forth by law and
specifically Section 3114 of the Streets and Nighways Code of the State of
California.
SECTION 9: That the Treasurer is hereby authorized and directed to
establish a special fund account to be known as the Improvement Fund, and
designated by the name of this Assessment District, into which fund shall be
paid all payments to be received upon said assessment, and the proceeds of the
sale of bonds to be issued representing unpaid assessments.
SECTION 10: That the Treasurer is hereby further authorized to
establish a Special Reserve Fund, into which the designated amount shall be
transferred and held in trust for the bondholders and used to assist final
discharge by any payment by property owners within the boundaries of the
Assessment District.
Resolution No. 85-96
Page 3
PASSED, APPROVED, and ADOPTED this 20th day of March, 1985.
;". Mikels~ Mayor
ATTEST:
Beverly . Authelet, City Clerk
I, BEVERLY A. AIITItELET, CITY CLERK of the City of Rancho Cucamonga, California,
do hereby certify that the foregoing Resolution, being Resolution No. 85-96,
was duly passed, approved, and adopted by the City Council, at a regular
meeting of said City Council held on the 20tb day of March, 1985, and that the
same was passed and adopted by the following vote:
AYES: Wright, Buquet, MikeIs, Dahl
NOES: None
ABSENT: King
Executed this 21st day of March, 1985 at Rancho Cucamonga, California.
~ver~lyA. ~thelet, City Clerk