HomeMy WebLinkAbout86-93 - ResolutionsR~-SOLUTIO~ NO. 86-93
RESOLUTION OF THE CITY COUHCIL OF THE CITY OF RANCHO
CUCAJ40!~&, CALIFORHIA, DECLARING IHTENTIO~ TO ORDER THE
CONSTRUCTION OF CERTAIN IMPROVEMENTS TOCETHER WITH
APPURTENANCES IN A PROPOSED ASSESSMIiIT DISTRICT PURSUANT TO
THE PROVISIONS OF THE 'NURICIPAL IMPROVEMENT ACT OF 1913";
DECLARING TaB WOK TO BE OF MORE THA~ LOCAL OR ORDINARY
B~MEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE
COSTS ABD HIPEaSES THEREOF; AND PROVIDING FOR THE ISSUANCE
OF BON1}~
( A,qS~qSameT DISTRICT NO. ~6 -1 )
WHEREAS, the City Council of the City of Rancbo Cucamonga (the
"Cit~") is considering Cbe formation of an assessment district, pursuant to Cbe
"Municipal Improvement Act of 1913", being Division 12 (coMmuting with Section
10000) of the California Streets and Highways Code, for certain public works
and improvements and acquisitions (the "Improvements"); and
WHEREAS, the Cit-y desires to declare its intention to order the
construction of the Improvements, declaring the work to be of more than local
or ordinary benefit, describing the lands to be assessed to pay the costs and
expenses of the Isprovesmnts, providins for the issuance of bonds and making
other determinations:
ROe, TREREFORB, the Ci~ Council of the tit7 of Ranthe Cucamonga does
hereby RESQLVE, DECLARE A~D 0~ms folios:
Dtf~.amATlrm OF TMTleNTIO[~
SECTION 1: The public interest and convenience require, end it is
ibm intention of the City, pursuant co the provisions of the '*Municipal
Imprnvemsnt Act of 1913", to order conatruction~ of the Improvements in a
special assessment district known and designated as
ASSESSMasT DISTRICT Re. 86-1
(the '&seesomens District").
DESCRIPTION OF I~PROVKqlmTS
SECTION 2:
(e)
The construction of the Improvements, Cogether with
appurtenances and appurtenant work and acquisition, if
necessary, in certain public streets and rights-of-way in the
Assessment District, is generally described as follows:
The construction and installation of drainnge
improvements together with appurtenances and
appurtenant york, acquisition, if necessary, and
incidental expenses in connection therewith
For further particulars, reference is hereby made Co a Map of
the Assessment District previously adopted.
Cb)
Cc)
The streets, rights-of-way and easements shall be shown upon the
plans herein referre~ to and Co be filed with these proceedings.
All of the Improvements are to be constructed at the places and
in the particular locations, of the form, sizes, dimensions and
materials, and at the lines, grades and elevations as shown and
delineated upon the plans, profiles and specifications co be
made therefor, as hereinafCer provided.
Resolution No. 86-93
Page 2
(d)
(e)
(f)
The description of the Improvemn=s and the Cerminl of ~he work
contained in this Resolution are general in nature. All iCeam
of work do not necessarily extend for ~be full length of the
description thereof. The plans and profiles of the work as
contained in the Engineers Report sbsll be controlling as ~o ~be
correct and detailed description thereof.
Whenever any public why is herein referred to es running between
t~fo public ways, or from or to any public way, the intersections
of the public ways referred co are included to the extent Chat
work shall be shown on the plans to be done therein.
Notice is hereby given of the fact that in uny cases the
Iaprovements will brinK the finished work Co a grade different
free that formerly existing, and to chat extent, the grades are
hereby changed and the work will be done to the changed grades.
D!~CRIPTIcm OF AaSEsaSMlosT DISTRTCT
SECTICe 3: The Improvements ere of direct benefit to tbe properties
and land within the Assessment District, and the City hereby mes the expenses
of the Improvesmuts chargeable upon the Assessment District, which Assessment
District is hereby declared to be the Assessment District banefired by the
Isprovements and to be assessed Co pay the costs and expenses of the
IRprovemenCs, including incidentgel costs end expenses. The Assesssmut District
is described as follows:
&ll tbat territory in the Assessment District included
witbin the exterior boundary lines shown on cbe Map
exbibltin2 the property affected or bonnfired by or to
be assessed co pay the costs and expenses of the
lnprovements in the Assessment District, said amp
titled and identified as
'PROPOgKDBOUIDIIIU OF
ASSUSHBIT DISTIICT N0. 86-1~
and which map wag heretofore approved and is on file
with Cbe transcript of Obese proceedings, KXCEPTIBG
from the area shown within and delineated upon the
map, the area of all public streets, public avenues,
public lanes, public roads, public drives, public
courts, public allays, and all eaaeamncs and
rights-of-way therein contained belonSins co the
public. For all particulars as to the boundaries of
the Assessment District, reference is hereby amde Co
the Rap and for a complete description of the
Assessment District, the boundary Rap on file shall
gOVern.
REPORT OF enGINEER
SBCTIQH 4: The proposed ImprOVements are hereby referred Co the
Engineer of Work who is directed to prepare end file s written report (the
*'bport") which shall contain:
(a) Plans and specifications of the Improvesmote;
(b) An estimate of the cost of the ImprOVesmats, including the
incidental expenses in connection therewith;
Resolution No. 86-93
Page 3
(c)
(d)
A diagram showing the Assessment District and the boundaries and
dimensions of the respective subdivisions of land viCbin ~be
Assessment District, as the same existed at the time of ~he
passage of the lesolution of Intention (the "DiaSras"). Each
subdivision shall be given a separate number upon the Diagram;
An assessment of the total ameunC of the assesssble several
subdivisions of land in proportion to the estimated benefits Co
be received by such subdivisions, respectively, from the
Improvements (the "&ssessment"). The Assessment shall refer co
the subdivisions upon the DinSram by the respective numbers
thereof; and
(e) A description of the Improvements and acqulsi~ion, where
nncessazT.
When any portion or percentqe of the cost and expenses of cbe
IsprovemenCs is to be paid from sources other than sssessmeats, the asoun~ of
such portion or percsn~qe shsll first be deducted from ths total estimated
costs and expenses of the Improvements and the Assessment shall include only
the re--inder of the estimated costs and expenses.
BOeDB
SECTION 5: Betice is hereby Siren that serial bonds (the "Bonds") to
represent unpaid assessments, and beariq interest at the race of not to exceed
the curren~ legal mimem race of 12Z per annus, will be issued in the m~nner
provided in ~be "Improvement Bond Act of 1915", being Division 10 (commencing
vith Section 8500) of the Streets and Bigbrays Cede, the last installment of
vhicb Bonds shall mature · mimes of and not to exceed nineteen (19) years
from the second day of September next succeeding evelyn (12) menthe from their
dace. The provisions of Part 11.1 of the S~reets and Highrays Code, providing
an alternative procedure for ~be advance payment of assessants and ~be calling
the Bonds shall apply.
The principal amount of the Bonds --Curing each year shall be other
than an amount equal to an even annual proportion of ~he aSSreBate principal of
the Bonds, and the amoun~ of principal maturing in each year, plus the amount
of interest payable in that year, will be an amount that is approximately equal
each year, excep~ for an adjustsent in the first years assessment.
BOND nEnxMPTION
SECTION 6: The LeSislative Body elects co provide tba~ the Bonds,
upon redemption prior to maturity, shall provide a premium of five percent (5%)
on the unmetured principal, and thaC languaSe shall be added ~o the redemption
clause in the bond fore to requlrs ~he propert7 owner to pay ~he premium in
order to discharge the obligation of the lien prior to maturity.
SPNCIAt FUND
SECTION 7: The Legislative Body establishes a special fund
designated
IMPROVEMENT FUND FOR
ASSBSSMgT DISTRICT NO. 86-1
into which monies may be transferred at any time to expedite the making of ~he
Improvements herein authorized, and said monies are a loan and shall be repaid
ouC of the proceeds of the sale of the Bonds as authorized by lay.
Resolution No. 86-93
Page/~
SURPLUS FUHDS
SECT10B 8: If any excess shall be realized from the Assessment, it
shall be used, in such amounts as the Legislative Body my determine,
accordance with the provisions of law for one or more of the following
purposes:
(a)
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 (SX) of the total amount
expanded from the Improvement Fund;
(b) As a credit upon the assessment and any supplemental assessment
as provided in Section 10427.1; or
(c) For the maintenance of the Improvements.
"MUBICIPAL TMPROVnfmsT AcT OF 1913"
SgCTIOB 9: Except as herein otherwise provided for the issuance of
the Bonds, all of the Improvements shall be made and ordered pursuant to the
provisions of the "Municipal Improvement Act of 1913u,
PUBLIC pROpERTY
SEtTles lO: All public property in the use and
public function shall be omitted from assessment in these
expressly provided and listed herein.
performance of a
proceedings unless
AnOUISITI(II
SECTI~II: The public interest, convenience and necessity may
require that certain land, rights-of-way or easements be obtained in order to
allo~ the Improvements for this Assessment DietticS to be accomplished. For a
general description of the location and extent of the easements or land
necessary to be acquired, if any, reference is hereby made to maps on file with
the transcript of these proceedinKs.
SECTIm 12: Notice is hereby given that the grade to which the work
shall be done is to be shown on the plans and profiles therefor, which grade
may vary from the existin2 grades. The work herein contemplated shall be done
to the grades as indicated on the plans and specifications, to which reference
is made for a description of the 2redo 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.
tRADE AIMUSTM~BT
PRIVAT~ PROPERTY
SECTleg 13: The Legislative Body 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
prepare7 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
prepare7 is first obtained.
PRIVATE CCIITgAnT
SEtTIes 14: Rotice is hereby given that the public interest viII not
be served by allowing the property owners to take the contract for the
construction of the Improvements, and ~bat, as authorized by law, no notice of
award of contract shell be published.
Resolution No. ~-93
Page 5
PROCEEIIlEGS INOUIRIE8
SECTION 15: All inquiries for any and all information relating to
these proceedings, including information relating to protent procedures, should
be directed to:
Lloyd Hubbn, City Engineer
City of Rancho Cucamonga
9161 Baneline Road
Rancbo CucasonSa, Ca1 ifornia 91730
(714) 989-1851
EFFECTIVE DATE
SECTION l&: This resolution shall be effective upon its adoption.
PASSED, AFPROVED, sad ADOPTED this 2ad day of April, 1986.
AYES: Mikels, Buquet, King, Dabl
NOES: None
ABSmmT: Wright
ATTEST:
I, BUBBLY A. ASTRKLET, 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 reSular mae~inE of said City Council held on the 2nd day of
April, 1986.
Executed thin 3rd day of April, 1986 at Rancho Cucamonga, California.
Authelet, City Clerk