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HomeMy WebLinkAbout97-013 - ResolutionsRESOLUTION NO. 97-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK 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 THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913"), to order the acquisition of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS The acquisition of public improvements described as certain street improvements on Foothill Boulevard, Masi Drive and Rochester Avenue, including but not limited to installation of base, paving, installation of curbs, gutters, sidewalks, landscaped medians, driveway cuts, sidewalk drains, street lighting, street trees, landscaping, signage and striping; drainage improvements; a traffic signal at Foothill Boulevard and Masi Drive; sewer and water facilities; public utilities; together with appurtenances and appurtenant work, as well as acquisition of necessary rights-of-way, to serve and benefit properties within the boundaries of the Assessment District. Said streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be filed with these proceedings. All of said work and improvements have been installed at the places and in the particular locations, and to the sizes, dimensions and materials, to the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications, all to be made a part of the Engineer's Report. The description of the improvements contained in this Resolution is general in nature, and the plans and profiles of the work as contained in the Engineer's "Report" shall be controlling as to the correct and detailed description thereof. Resolution No. 97-013 Page 2 DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2: That said improvements are of special benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of the acquisition of said work and improvement chargeable upon the Assessment District, which is described as follows: All that certain territory in the Assessment Distdct included within the exterior to pay the costs and expenses of the acquisition of said work and improvements in the Assessment District, said map titled "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA)", and which map was heretofore approved and which said map is on file with the transcript of these proceedings, EXCEPTING therefrom the area shown within the area of all public streets, easements or public rights-of-way. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said previously approved boundary map. REPORT OF ENGINEER SECTION 3: That this proposed improvement is hereby referred to GFB- FRIEDRICH & ASSOCIATES, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the improvements proposed to be acquired;. An estimate of the cost of the proposed acquisition of the works of improvement, including the cost of the incidental expenses, in connection therewith; A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; A proposed assessment of the total amount of the assessable costs and expenses of the proposed acquisition of the improvement upon the several divisions of land in proportion to the estimated special benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be acquired under these proceedings, and acquisition, where necessary. Resolution No. 97-013 Page 3 VVhen any portion or percentage of the cost and expenses of the acquisition of the improvements is to be paid from sources other than assessments, the amount the acquisition of such portion or percentage shall first be deducted from the total estimated costs and expenses of the acquisition of such work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D, of this Section. BONDS SECTION 4: Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% 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, which bonds shall be issued not to exceed the legal maximum term as authorized by law, THIRTY-NINE (39) YEARS from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, providing an altemative procedure for the advance payment of assessments and 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. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer or designated Paying Agent. "MUNICIPAL IMPROVEMENT ACT OF !913" SECTION 5: That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be acquired pursuant to the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS SECTION 6: That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: Resolution No. 97-013 Page 4 A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollare ($1,000.00) or five percent (5%) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvement; or D. To call bonds. SPECIAL FUND SECTION 7: The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the acquisition of the improvements herein authorized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. GRADES SECTION 8: That notice is hereby given that the grade to which the work was done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The work herein contemplated has been 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 work is to be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES SECTION 9: For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: WILLIAM J. O'NEIL, CITY ENGINEER CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91729 TELEPHONE: (909) 477-2700, EXT. 2301 Written protests should be addressed to the City Clerk and mailed to the address listed above. Resolution No. 97-013 Page 5 ACc~UISITION SECTION 10: That the public interest, convenience and necessity requires that certain land, rights-of-way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be acquired. The Engineer's "Report," upon adoption, shall set forth a general description of the location and extent of easements and/or land necessary to be acquired. NO CITY LIABILITY SECTION '1 !: This legislative body hereby further declares not to obligate itself to advance available funds from the Treasury to cure any deficiency which may occur in the bond redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of California, and said determination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 1915." PETITION SECTION 12: That a petition signed by property owners representing more than 60% in area of the property subject to assessment for the acquisition of the improvement has been signed and filed with the legislative body, and no further proceeding or actions will be required under Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ." WORK ON PRIVATE PROPERTY SECTION 13: It is hereby further determined to be in the best public interest and convenience and more economical to include in the acquisition price certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be added to assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 14: It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related funds. Resolution No. 97-013 Page 6 UTILITY IMPROVEMENTS SECTION !5: It is the intention of this legislative body to enter into agreements with certain public utility companies or public agencies where facilities to be assessed will be owned, managed and controlled by a utility or agency other than this legislative body. For particulars, reference is made to said Agreements which shall be on file and open for public inspection, which said Agreements will be approved prior to the ordering the acquisition of any work. All Agreements are authorized by and shall be consistent with the provisions of Streets and Highways Code Section 10110. PASSED, APPROVED, AND ADOPTED this 19th day of February, 1997. AYES: Alexander, Biane, Curatalo, Gutierrez, Williams NOES: None ABSENT: None ATTEST: Debra J. AdalYr~, CMC, City Clerk William J./~xander, Mayor I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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 19th day of February, 1997. Executed this 20th day February, 1997, at Rancho Cucamonga, California. Debra J. Adams,~C. City Clerk