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HomeMy WebLinkAbout87-107 - Resolutions RES~UTION NO. 87-107 RES(LUTION OF THE CITY COUI~CT~. OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, CONFIRNINC THE ASSESSMENT, OI/DERINC THE IMPROVEHENTH NADE AND ACOUIUED, AND APPROVING THE ENGINEER' S REPORT (A.qSESSHENT DISTRICT NO, 86-2) WHEREA~, the City Council of the City of Rancho Cucamongn (the "City"), has heretofore adopted its Resolution of Intention, pursuant to the '~funicipal Improvement Act of 1 913', being Division 12 (commencing with Section 10000) of the Streets and Highways Code, for certain public work and improvements and acquisitions, if necessary, generally described es follows: The construction and acquisition of drainage improvements includin$ appurtenances and appurtenant work, acquisition, if necessary, and incidental expenses in connection therewith (the "~mprovements"); and WH~UKAS, the lands to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSHENT DISTRICT NO. 86-2 (the "Assessment District"); and WHEREAS, a public hearing has been noticed and held in the time and manner required by law, on all matters relating to the A~sessment District; and WHEREAS, pursuant to the Resolution of Intention, the Report of the Engineer of Work (the '~eport") was presented, considered and preliminarily approved; and WIlER~, the Report contained all the matters required, pursuant to the Municipal Improvement Act of 1 913; and WHEREAS, notice of the public hearing was posted, mailed and published in the time, for~ and manner required by law and evidenced by affidavits or certificates on file with the transcript of these proceedings; and WHEREAS, the owners of one-half (I/2) sE the area assessed for the cost of the Improvements did not file written protests and, after conclusion of the hearing, the City Council overruled and denied all protests; and WHEREAS, the City Council is no~ satisfied with the assessment and all matters contained in the Report as amended: NO~, THEREFORE, the City Council of the City of Rancho Cucamonga, does hereby EES~.VE, DETEItMINE AND ORDER as follows: SECTION I. The above recitals are all true and correct. SECTION 2. The Report, consisting of the assessment and diagram for the Improvements, is hereby confimed. SECTION 3. The public interest and convenience require the Improvements to be made and acquired and it is hereby ordered that the Improvements be made and acquired in the A~sessment District, ss set forth £n the Resolution of Intention and the Report. SECTION 4. The assessment contained in the Report is hereby levied upon the respective subdivisions of land in the A~sessment District as set forth in the Report. Resolution No. 87-107 Page 2 SECTION 5. The Engineer of Work shall deliver the diagram and assessment to the Superintendent of Streets, together with the diagram attached thereto and made a part thereof with his certificate of confirmation attached and the date thereof. The Superintendent of Streets shall then record the diagram and assessment in his office in a suitable book to be kept for that purpose, with his certificate attached and the date of recording. SECTION 6. Upon recordation of the diagram and assessment, the Superintendent of Streets shall mail to each o~ner 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 addressee if the address is not the same, or to General Delivery when no address so appears, a Notice of Recordation of Assessment containing: (a) A designation by street nunber or other description of the property assessed sufficient to enable the owner to identify the same; (b) The amount of the assessment; (c) The date of recordation of the assessment; (d) The time and place of payment of the assessment and the effect of failure to pay within such time; and (e) A statement of the fact that bonds will be issued representing unpaid assessments pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code. SECTION 7. Upon recordation of the diagram and assessment, the Superintendent of Streets shall publish a Notice of Recordation of Assessment specifying that: (a) The assessment has been recorded in his office and all assessed therein are due and payable immediately; (b) The payment of all s~s assessed is to be made within thirty (30) days after the date of recordation which date shall be so stated in the notice; and (c) Bonds will be issued representing all assessments re~aining unpaid within the 30-day period, pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code. SECTION 8. The 30-day period and the requirements for mailint a:nd publishing Notice of recordation of Assessment, as prescribed in Section 6 and Section 7, may be waived upon the written consent by 100Z of the owners of property assessed within the Assessment District. SECTION 9. Upon recordation of the diagram and assessment, a certified copy of the diagram shall be filed in the office of the County Recorder. Thereafter, a copy of the notice of assessment shall be recorded in the office of the County Recorder pursuant to Section 3114 of the Streets and Highways Code. SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute entry of the passage and adoption thereof in the record of the proceedings of the City Council and in the minutes of the meeting at which the same is passed and adopted. SECTION 11. This resolution shall take effect upon adoption. PASSED, APPROVED, and ADOPTED this 4th day of ltarch, 1987. Resolution No. 87-107 Page 3 AYES: Brown, guquet, Stout, Wright NOWa: None ABS~qT: ~ing Dennis L. Stout, Mayor ATTEST: Beverly A/Authelet, City Clerk I, BEVEi~LY A. AUTH~ET, CITY CL~ of the City of ~ancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of ~ancho Cucamonga, California, at a regular meeting of said City Council held on the 4th day of March, 1 987. l~xecuted this 5th day of March, 1957 at ~ancho Cucamonsm, California. Beverly A./Authelet, City Clerk