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HomeMy WebLinkAbout85-153 - ResolutionsRESOLUTION NO. 85-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCRO CUCAMONGA, CALIFORNIA, ORDERING IMPROVEMENTS, FORMING ASSESSMENT DISTRICT AND CONFIRMING DIAGRAM AND ASSESSMENT WHEREAS, the City Council of the City of Rancho Cucamonga, California, has initiated proceedings for the formation of a special assessment district pursuant to the terms and provisions of the '~andscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, and the issuance of bonds pursuant to the provisions of the "Improvement Bond Act of 1915, being Division 10 of said Code, said special assessment district known and designated as PARK AND RECREATION IMPROVEMENT DISTRICT (HERITAGE AND RED HILL COMMUNITY PARK) (hereinafter referred to as the '~ssessment District"); and WHEREAS, at this time a public hearing has been held in the manner and form as required by law, and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Engineer's 'Report" as now submitted for final consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. FORMATION AND CONFI~atATION SECTION 2: That the final Engineer's "Report", consisting of the final submitted assessment and diagram for the proceedings, is hereby approved and confirmed. SECTION 3: That the public interest and convenience requires, and this legislative body does hereby order the improvements to be made as said improvements are set forth in the Engineer's 'Report" and as previously declared and set forth in the Resolution of Intention. SECTION 4: That the assessments contained in said 'Report" are hereby ordered to be levied and confirmed upon the respective subdivision of land in the Assessment District in the amounts as set forth in said final 'Report". ASSESSMENTS SECTION 5: That it is hereby ordered as follows: That the annual levy of assessments for the maintenance and/or servicing of the improvements are hereby confirmed and levied for the next fiscal year. It is further determined that the costs and installation of the park and recreational improvements is greater than can be conveniently raised from a single annual assessment, and it is hereby determined, authorized and ordered that the costs of these improvements be financed through the issuance of bonds, which shall be paid by assessments levied and collected in installments over a period not to exceed Twenty (20) years, or until all bonds have been discharged. Resolution No. 85-153 Page 2 BONDS SECTION 6: That it is hereby determined that serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12I 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, the last installment of which bonds shall mature a maximum of and not to exceed Nineteen (19) years from the second day of July next succeeding ten (10) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and 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 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. That said annual assessment to pay the principal and interest on the bonds shall be levied each year in the amount sufficient to pay said principal and interest on the bonds, and shall be levied until all bonds have been discharged. FILING AND RECORDING SECTION 7: The City Clerk shall immediately accomplish the following: Bs Deliver to the Superintendent of Streets the assessment, together with the diagram attached thereto and made a part thereof, as confirmed with a Certificate of Confirmation attached and the date thereof. Said Superintendent of Streets shall then immediately place for record said diagram and assessment in his office in a suitable book as a permanent record and attach a Certificate of Recordation. Cause to be filed a certified copy of the diagram and assessment with the County Auditor, said filing to be completed no later than the 3rd Monday in August. Cause to be filed a certified copy of the assessment diagram with the County Recorder. Cause to be recorded a Notice of Assessment in the Office of the County Recorder, and attached to said Notice shall be a list indicating the names of all assessed owners. COLLECTION AND PAYMENT SECTION 10: That the above confirmed assessment shall be collected at the same time and in the same manner as County property taxes are collected, and all laws providing for the collection and enforcement of County taxes shall be applicable to the collection and enforcement of these assessments, except that assessments levied for which bonds are to be issued may be discharged within thrity (30) days after the date the County Auditor has entered the assessments on the County assessment roll. Resolution No. 85-153 Page 3 IMPROVI~IENT FUND SECTION 11: That the Treasurer is hereby authorized and directed to establish a special Improvement Fund to be designated by the name of this Assessment District, and into said fund shall be placed all payments received upon any assessment paid and the proceeds received from the sale of bonds. PUBLIC AND UTILITY PROPERTY SECTION 12: That it is hereby determined that public property owned by any public agency and in the use and performance of a public function and which are included within the boundaries of this Assessment District shall be omitted and exempt from any assessment made under these proceedings. If any railroad, gas, water or electric utility right-of-way shall be included within the boundaries of the Assessment District and subject to assessment, in determining the extent of benefit it shall be presumed that its use as a utility shall be permanent. PASSED, APPROVED, and ADOPTED this 17th day of May, 1985. AYES: .Wright, Buquet, Hikels, Dahl, King NOES: None ABSENT: None ATTEST: Beverly ~/. Authelet, 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 special meeting of said City Council held on the 17th day of May, 1985. Executed this 20th day of May, 1985 at Rancho Cucamonga, California. Beverly i. Authelet, City Clerk