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HomeMy WebLinkAbout89-240 - Resolutions RESOLUTION NO. 89-240 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING APPOINTMENTS AND APPROVING AGREEMENTS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the City Council of the City of Rancho Cucamonga, California, is considering the formation of a special assessment district, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement, together with appurtenances and appurtenant work, said special assessment district to be known and designated as ASSESSMENT DISTRICT NO. 89-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time, this legislative body is desirous of making the required appointments and designating persons to perform certain duties, in order to allow the proceedings to go forward to completion in accordance with the provisions of law. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: Section 1. That the above recitals are all true and correct. Section 2. That the CITY ENGINEER is hereby appointed to perform all of the duties and functions of the Superintendent of Streets as said duties are specified and designated in the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the above-referenced Assessment District. Section 3. That the place for recordation of the assessment roll and diagram shall be in the Office of the Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. Section 4. That THE DAILY REPORT is hereby designated as the newspaper for all publications as required by law and as necessary for completion of this Assessment District. Section 5. That NBS/LOWRY is hereby appointed the Assessment Engineer for said proceedings, and said Assessment Engineer shall perform all of the duties and responsibilities as set forth by law as they relate to said Assessment District, pursuant to the terms and conditions of an Agreement submitted herewith, which Agreement is hereby accepted and approved for execution. Section 6. That BROWN & DIVEN, Attorneys at Law, is hereby appointed to act as Bond Counsel for the purposes of preparing proceedings and issuing an approving opinion attesting to the validity of the proceedings and the enforceability of the bonds, pursuant to the terms and conditions of a Special Counsel Agreement submitted herewith, which Agreement is hereby accepted and approved for execution. Resolution No. 89-240 Page 2 Section 7. That FIELDMAN, ROLAPP & ASSOCIATES is hereby appointed as Financial Consultant for these proceedings, pursuant to the terms and conditions of an Agreement submitted herewith, which Agreement is hereby accepted and approved for execution. Section 8. That STONE & YOUNGBERG is hereby appointed as the Underwriter for these proceedings and bonds to be issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. Section 9. That a REIMBURSEMENT AGREEMENT by and between the City and RCDC Associates, a California limited partnership, is submitted herewith, which Agreement is hereby accepted and approved for execution. Section 10. That this legislative body hereby establishes a special IMPROVEMENT FUND designated by the name and number of the Assessment District, and into said fund shall be placed all proceeds from the sale of bonds and cash collections. In order to expedite the improvements or acquisition under these proceedings and as authorized by law, funds from any available source may be transferred into said special fund. Any funds transferred are a loan to the fund and shall be repaid out of the proceeds of the sale of bonds, including authorized incidental expenses, as well as costs for the construction of the authorized public improvements, all as required and authorized by law, and specifically Section 10210 of the Streets and Highways Code of the State of California. PASSED, APPROVED, and ADOPTED this 17th day of May, 1989. AYES: Alexander, Brown, Buquet, Wright NOES: None Dennis L. Stout, Mayor ATTEST: Beverly A. ~uthelet, City Clerk £ I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 17th day of May, 1989. Resolution No. 89-240 Page 3 Executed this 18th day of May, 1989 at Rancho Cucamonga, California. Beverly ~. Authelet, City Clerk