HomeMy WebLinkAbout89-241 - Resolutions RESOLUTION NO. 89-241
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, MAKING FINDINGS ON PETITION
WHEREAS, the City Council of the City of Rancho ~ucamonga, California, has
been presented by certain property owners an executed Petition requesting the
construction of certain public improvements, together with appurtenances and
appurtenant work in connection therewith, said improvements to be constructed
pursuant to the terms and provisions of the "Municipal Improvement Act of 1913",
being Division 12 of the Streets and Highways Code of the State of California,
in a special assessment district known and designated as ASSESSMENT DISTRICT NO.
89-1 (hereinafter referred to as the "Assessment District"); and,
WHEREAS, it has been reported that said Petition contains the signatures
of more than sixty percent (60%) of the property owners of the assessable area
of the property to be subject to assessment for the proposed works of
improvement. Said Petition meets the requirements of Section 2804 of Division
4 of the Streets and Highways Code of the State of California.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
Section 1. That the above recitals are all true and correct.
Section 2. That it is hereby found that said Petition has been signed by
owners owning land constituting more than sixty percent (60%) of all assessable
land within the boundaries of the proposed Assessment District.
Section 3. That said Petition shall be filed with the transcript of these
proceedings and shall remain open to public inspection.
Section 4. That said Petition meets the requirements of Section 2804 of
Division 4 of the Streets and Highways Code of the State of California, and
further proceedings and limitations under the provisions of the "Special
Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not
be applicable to these proceedings.
Section 5. This legislative body hereby further finds and determines,
based on written evidence submitted, that the total estimated amount of the
proposed assessments will not exceed seventy-five percent (75%) of the estimated
fair market value of the land proposed to be assessed after the proposed public
improvements shall have been constructed.
Section 6. That it is hereby further determined and found that said
Petition has been signed by not only the property owners, as specified in
Section 2804 of the Streets and Highways Code, but also any mortgagee or
beneficiary under any such existing mortgage or deed of trust, as required by
Section 2804.2 of the Streets and Highways Code of the State of California.
Resolution No. 89-241
Page 2
Section 7. This legislative body does hereby further find and determine
that the property owner has waived all rights which property owner may have
under Streets and Highways Code Sections 5896.5 and 5896.6 pertaining to the
initiation of proceedings pursuant to the "Municipal Improvement Act of 1913"
'for the conversion of existing overhead electric and communication facilities
to underground locations.
PASSED, APPROVED, and ADOPTED this 17th day of May, 1989.
AYES: Alexander, Brown, Buquet, Wright
NOES: None
Denn~s L Stout, Mayor
ATTEST:
Beverly ~. A~thelet, 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 regular meeting of said City Council held on the 17th day of
May, 1989.
Executed this 18th day of May, 1989 at Rancho Cucamonga, California.
Beverly/. Authelet, City
Clerk