Loading...
HomeMy WebLinkAbout85-39 - ResolutionsRESOLUTION NO. 85-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS, TOGETHER WITH APPURTENANCES, IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE '~UNICIPAL IMPROVEMENT ACT OF 1913"; 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 '~unicipal Improvement Act of 1913"), to order the construction of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 84-2 (ALTA LOMA CHANNEL IMPROVEMENTS) (hereinafter referred to as the '~ssessment District"). DESCRIPTION OF IMPROVEMENTS Ae The proposed works of improvement are generally described as the construction and installation of certain storm drainage channel improvements, including a debris dam and spillway improvements, box culverts and road crossing improvements, together with appurtenances and appurtenant work, 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. Ce All of said work and improvements are to be constructed at the places and in 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 made therefor, as hereinafter provided. De The description of the improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. 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. 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 referred to are included to the extent that work shall be shown on the plans to be done therein. Resolution No. 85-39 Page 3 E. The description of the works of improvement to be constructed under these proceedings, and acquisition, where necessary. BONDS SECTION 4: Notice is hereby given that serial 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 her.under 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 fourteen (14) 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 the assessments and the callinS 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 designated Paying Agent. '~UNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5: That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the '~unicipal 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 City Council may determine, in accordance with the provisions of law for one or more of the following purposes: Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($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; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7: The City Council 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 making of the improvements her.in 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. Resolution No. 85-39 Page 4 PRIVATE CONTRACT SECTION 8: 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 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: Lloyd B. Nubbs, City Engineer City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91730 Telephone: (714) 989-1851 PUBLIC PROPERTY SECTION 10: All public property in the use and public function shall be omitted from assessment in these expressly provided and listed herein. PETITION performance of a proceedings unless SECTION 11: That a petition signed by property owners representing more than 601 in area of the property subject to assessment for said improvement has been signed and filed with the City Council, and said written petition expressly contains a waiver of any of the proceedings and limitations as set forth under Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitations and Majority Protest Act of 1931". PASSED, APPROVED, and ADOPTED this 6th day of February, 1985. AYES: Wright, Buquet, Mike1,, Dahl, King NOES: None ABSENT: None · , or ATTEST: Beverly ATA~thelet, City Clerk