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HomeMy WebLinkAbout87-038 - Resolutions RESOLUTION 87-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION OF INTENTION NO. 86-93; DECLARING INTENTION TO ORDER THE CONSTRUCTION AND ACQUISITION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE '~UNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE IMPROVEMENTS TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS (ASSESSMENT DISTRICT NO. 86-2) WHEREAS, the City Council of the City of Rancho Cucamonga (the '~ity") is considering the formation of an assessment district, pursuant to the '~unicipal Improvement Act of 1913", being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, for certain public works and improvements and acquisitions (the '~mprovements"); and WHERFAS, the City has heretofore adopted Resolution of Intention No. 86-93 declaring its intention to order construction of the Improvements; and WHEREAS, the construction of portions of the Improvements have been substantially completed by certain property o~ners under A~reements for Acquisition and Financing authorized by the City, pursuant to Section 66462 of the Government Code; and WHEREAS, it is not necessary to amend Resolution of Intention No. 86-93 in order for the City to declare its intention to order construction of the unconstructed portion of the Improvements and to order acquisition of the constructed portion of the Improvements, declare the Improvements to be of more than local or ordinary benefit, describe the lands to be assessed to pay the costs and expenses of the Improvements, provide for the issuance of bonds and make other determinations: NO~, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby RESOLVE, DECLARE AND ORDER as follows: DECLARATION OF INTENTION SBCTION 1. The public interest and convenience require, and it is the intention of the City, pursuant to the '~unicipal Improvement Act of 1913", to order construction and acquisition of the Improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-2 (the '~ssessment District"). DESCRIPTION OF IMPROVEMENTS SECTION 2. (a) The Improvements are generally described as follows: The construction and acquisition of drainage improvements together with appurtenances and appurtenant work, acquisition of interests in real property, if necessary, and incidental expenses in connection therewith The Improvements shall be located in certain public streets and rights-of-way in the Assessment District. For further particulars, reference is hereby made to a Map of the Assessment District previously adopted. Resolution No. 87-38 Page 2 (b) The streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be filed with these proceedings. (c) All of the Improvements shall be iu 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 prepared therefor. (d) The description of the Improvements and the termini thereof contained in this Resolution are general in nature. The Improvements do not necessarily extend for the full length of the description thereof. The plans and profiles of the Improvements contained in the Engineers Report shall be controlling as to the correct and detailed description thereof. (e) Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways are included to the extent that Improvements to be done therein are shown on the plans. (f) Notice is hereby given of the fact that in many cases the Improvements will bring the finished grade to a grade different from that formerly existing and, to that extent, the grades are hereby changed and the Improvements wiII be done to the changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 3. The Improvements are of direct benefit to the properties and land within the Assessment District and the City hereby makes the costs and expenses of the Improvements chargeable upon the Assessment District which is hereby declared to be the Assessment District benefited by the Improvements and to be assessed to pay the costs and expenses of the Improvements. The Assessment District is described as follows: All that territory in the Assessment District included within the exterior boundary lines shown on the Map exhibiting the property benefited by and to be assessed to pay the costs and expenses of the Improvements in the Assessment District, which Map is titled and identified as '~ROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-2" and which map was heretofore approved and is on file with the transcript of these proceedings, EXCEPTING from the area shown within and delineated upon the l/ap, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to the Map and for a complete description of the Assessment District, the Map on file shall govern. REPORT OF ENGINEER SECTION 4. The proposed Improvements are hereby referred to the Engineer of Work who is directed to prepare and file a written report (the 'Report") which shall contain: (a) Plans and specifications of the Improvements; Resolution No. 87-38 Page 3 (b) An estimate of the cost of the Improvements, including the incidental expenses in connection therewith; (c) A diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within the Assessment District, as the same existed at the time of the passage of the Resolution of Intention (the "Diagram"). Each subdivision shall be given a separate number upon the Diagram; (d) An assessment of the total amount of the assessable costs and expenses of the Improvements upon the several subdivisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from the Improvements (the '~ssessment"). The Assessment shall refer to the subdivisions upon the Diagram by the respective numbers thereof; and (e) A description of the Improvements and acquisition of interests in real property, where necessary. When any portion or percentage of the cost and expenses of the Improvements 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 the Improvements and the Assessment shall include only the remainder of the estimated costs and expenses. BONDS SECTION 5. Notice is hereby given that serial bonds (the 'bonds") to represent unpaid assessments, and bearing interest at the rate of not to exceed the current legal maximum rate of 12~ per annum, will be issued pursuant to the "Improvement Bond Act of 1915", being Division 10 (commencing with Section 8500) of the Streets and Highways Code of the State of California. The last installment of the Bonds shall mature a maximum of and not to exceed nineteen (19) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the Streets and Highways Code, which provides an alternative procedure for the advance payment of assessments and the calling the 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, viii be an amount that is approximately equal each year, except for an adjustment in the first years assessment. DEFICIENCIES IN REDEMPTION FUND SECTION 6. No Obligation to Advance Funds. The City shall not be oblisated to advance any lawfully available funds to cure any deficiency which may occur in the Redemption Fund; provided that this determination shall not prevent the City, in its sole discretion, from so advancing such funds. SECTION 7. Title of Bonds. The determination not to advance lawfully available funds to cure deficiencies in the Redemption Fund shall be clearly stated in the title of any Bonds issued representing unpaid assessments, pursuant to Section 8769 of the Streets and Highways Code. BOND REDEMPTION SECTION 8. The City Council elects that the Bonds, upon redemption prior to maturity, shall provide a premium of five percent (5~) on the unmatured principal and that language shall be added to the redemption clause in the bond form to require the property owner to pay the premium in order to discharge the obligation of the lien prior to maturity. Resolution No. 87-38 Page 4 SPECIAL FUND SECTION 9. The City Council establishes a special fund designated IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 86-2 into which moneys may be transferred at any time to expedite the construction or acquisition of the Improvements. The moneys are a loan and shall be repaid out of the proceeds of the sale of the Bonds as authorized by law. SURPLUS FUNDS SECTION 10. If any surplus remains in the Improvement Fund for the Assessment District, after completion of the Improvements and payment of all claims, it may be used. (a) As a credit upon the reassessment as provided in Section 10427.1 of the Streets and Highways Code; or (b) As otherwise provided in Section 10427 of the Streets and Highways Code. '~UNICIPAL IMPROVEMENT ACT OF 1913" SECTION 11. Except as otherwise provided for the issuance of the Bonds, all of the Improvements shall be made, acquired and ordered pursuant to the '~unicipal Improvement Act of 1913". PUBLIC PROPERTY SECTION 12. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION SECTION 13. The public interest, convenience and necessity require: (a) That certain land, rights-of-way or easements be acquired in order to alloy the Improvements for this Assessment District to be accomplished; and (b) That the portion of the Improvements constructed by property o~ners under AEreements for Acquisition and Financing be acquired. For a general description of the location and extent of the easements or land to be acquired and the Improvements to be acquired, reference is hereby made to maps on file with the transcript of these proceedings. GRADES SECTION 14. Notice is hereby given that the grade to which the Improvements shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The Improvements 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 Improvements shall be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. Resolution No. 87-38 Page 5 GRADE ADJUSTMENT PRIVATE PROPERTY SECTION 15. The City Council determines that it is in the public interest and more economical to do certain work on private property to eliminate any disparity in level or size between the Improvements and private property and to add the actual cost of such work to the Assessment of the property to which such work was done; provided that no work of this nature shall be performed until and unless the written consent of the owner of property is first obtained. PRIVATE CONTRACT SECTION 16. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the construction of the Improvements and that, as authorized by law, no notice of award of contract shall be published. PROCEEDINGS INQUIRIES SECTION 17. All inquiries for any and all information relating to these proceedings, including information relating to protest procedures, should be directed to: Jerry Fulwood, Assessment Rtweuue Coordluator City of l~ncho Cucamonga 9161 Baseline Road Rancho Cucamonga, California 91730 (714) 989-1851 EFFECTIVE DATE SECTION 18. This resolution shall be effective upon its adoption. PASSED, APPROVED, and ADOPTED this 21st day of January, 1987. AYES: Brown, Buquet, Stout, King, Wright NOES: None ABSI~T: None D~nnis L. Stout, Mayor ATTEST: ~everly A~ Authelet, City Clerk I, BEVEI~Y A. AUTRI~ET, 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 21st day of January, 1987. Resolution No. $7-35 Page 6 Executed this 22nd day of January, 1987 at Rancho Cucamonga, Ca 1 if omi a. Beverly A~/AU~helet, City Clerk