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HomeMy WebLinkAboutResolution - 2198 RESOLUTION NO. 2198 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DECLARING THE INTENT OF THE CITY OF SAN JACINTO TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 94-1 (SOBOBA SPRINGS PROJECT) AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, this City Council wishes to consider ordering the construction of certain improvements and the formation of an assessment district to pay the costs thereof under and pursuant to the provisions of the Municipal Improvement Act of 1913 (the "Act"); and WHEREAS, the proposed assessment district, if it is formed, is to be known and designated as Assessment District No. 94-1 (Soboba Springs Project) (the "Assessment District"); and WHEREAS, the proposed boundaries of the Assessment District are shown on a map thereof, which indicates by a boundary line the extent of the territory proposed to be included in the Assessment District, which map is designated "Proposed Boundaries of Assessment District No. 94-1 (Soboba Springs Project)" (the "Map"), and which has been presented to the City Council for approval; and WHEREAS, before ordering the proposed improvements, the City Council is required, under the Act, to adopt a resolution declaring its intention to do so; NOW, THEREFORE, the City Council of the City of San Jacinto DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as follows: SECTION 1. The above recitals, and each of them, are true and correct. SECTION 2. This City Council intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Part 7.5 thereof. SECTION 3. The Map is hereby approved, adopted and declared to describe the proposed boundaries of the Assessment District; and it shall govern for all details as to the extent of the Assessment District. The City Clerk is hereby authorized and directed to endorse on the original and on one copy of the Map her certificate, evidencing the date and adoption of this resolution, and to file the original thereof in her office and the copy in the office of the County Recorder of Riverside County, all in the manner and form provided for in Section 3111 of the Streets and Highways Code. SECTION 4. The improvements which the City Council intends to construct (the "Improvements") generally include the following: STREET IMPROVEMENTS Construction of approximately 2,720 linear feet of Soboba Road fronting the Soboba Springs project and golf course; primarily on the west side of the street centerline. Said construction includes the removal of existing pavement and base, installation of new and widened A.C. pavement and aggregate base, curb and gutter, sidewalks, parkway landscaping, street lights, and appurtenances on the west side of the street. Also included will be paving overlays in certain areas on the east side of the street. Appurtenant improvements include, but are not limited to, catch basins and 18" RCP, fog seal, street monuments, traffic control signs, fire hydrant spotters, guide markets, concrete apron, handicap ramps, concrete 'b" ditch, concrete cross pan, a concrete driveway approach, electric wiring and conduits for street lights, and saw cutting of existing improvements. DRAINAGE IMPROVEMENTS Construction in and near Soboba Road, generally north of the Soboba Springs Project on the west side of the road, includes 84" and 72" RCP storm drains, 10' x 7' box culvert, paved channel, excavation, and appurtenant improvements. Appurtenant improvements include, but are not limited to, wingwalls, headwall, A.C. pavement and aggregate base removal and replacement, sawcutting of existing improvements, 6" chain link fence and gate, rip-rap, and misceIIaneous concrete work. Also included are debris basin improvements including, but not limited to, grading, low flow outlet structure, aggregate base, subgrade preparation, concreted- rock slope protection, RCP storm drain pipe, and rock slope protection. SECTION 5. The public interest and necessity require the acquisition and construction of the Improvements, and the Improvements will be of direct benefit to the properties and land within the Assessment District. The City Council hereby declares its intention to order the Improvements, to make the expenses thereof chargeable upon the area included within the Assessment District, and to form the Assessment District. SECTION 6. The City Council further declares its intention to levy a special assessment upon the land within the Assessment District in accordance with the special benefit to be received by each parcel of land, respectively, from the Improvements. There shall be omitted from special assessment all public streets, alleys and places and all land belonging to the United States of America, the State of California, the County of Riverside, the City of San Jacinto, or any other public agency of the State of California, which land is now in use in the performance of a public function. SECTION 7. The Director of Public Works of the City is appointed as the Engineer of Work for the Assessment District and is authorized and directed to perform all of the duties and functions of said office as said duties and functions are specified in the Act. The Director of Public Works of the City is appointed to act as the Superintendent of Streets for the purpose of this proceeding. The firm of GFB-Friedrich & Assoc. Inc. is appointed assessment engineer, the firm Strad]ing,Yocca, Carlson & Rauth is appointed bond counsel and the firm of Westhoff, Martin & Associates is approved as the underwriter. SECTION 8. The proposed Improvements are hereby referred to the Engineer of Work, and the Engineer of Work is hereby authorized and directed to make and file with the City Clerk a PUBL:1314011141B2048.3 2 written report with regard thereto, which report shall comply with the requirements of Sections 2961 and 10204 of the Streets and Highways Code. SECTION 9. Serial bonds, bearing interest at a rate not to exceed 12 percent per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915 to represent the unpaid assessments. The principal amount of such bonds maturing each year shall not be an amount equal to an even annual proportion of the aggregate principal amount of the bonds, but rather (except as specifically otherwise provided by the City Council in connection with the sale of such bonds), shall be an amount which, when added to the amount of interest payable in each year, will generally be a sum which is approximately equal in each year (with the exception of the first year and any adjustment required with respect thereto). The last installment of such bonds shall mature a maximum of 25 years from the second day of September next succeeding the first 12 months after their date. Such bonds shall be serviced and collected by the District Treasurer or by such fiscal agent, registrar, or paying agent(s) as the City Council may from time to time designate. SECTION 10. The provisions of Part 11.1 of the Bond Act of 1915, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. SECTION 11. Except as specifically otherwise provided for herein, the Improvements shall be made and ordered pursuant to the provisions of the Act. SECTION 12. Any surplus remaining in said Improvement Fund following the completion of the Improvements shall be used as determined by the City Council as provided in Section 10427 of the Streets and Highways Code. SECTION 13. The City Council hereby determines that the City is not obligated to advance available funds from the Treasurer to cure any deficiency which may occur in the bond redemption fund but may do so in its discretion, however, the City may obligate itself to advance available funds from the Treasurer to meet requirements in conjunction with the Reserve Fund. SECTION 14. It is hereby determined that the bonds proposed to be issued in these proceedings may be refunded. Any adjustment to assessments resulting from such refunding shall be done on a pro rasa basis as required pursuant to Section 8571.5 of the Streets and Highways Code. Any such refunding shall be pursuant to the provisions of Division 11.5 (commencing with Section 9500) of the Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the City Council finds that each of the conditions specified in the resolution of intention is satisfied and that the adjustments to assessments are on a pro rata basis, the City Council may approve and confirm the report and any, without further proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the Streets and Highways Code. Any such refunding bonds shall bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds, and the last installment of such bonds shall mature on such date as will be determined by the City Council in the proceedings for such refunding. PURL:13140_1114182048.3 3 SECTION 15. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED on April 19, 1994, by the following vote: Ayes: Councilmembers Leahy, Solorio, Williams, mayor Hafliger Noes: None Absent: None Abstain: None Approved: IL Mayor of the)Citi of an Jac#o (Seal) Attest: 6rt Clerk of the City f San Jacido PuaL:1314011141 B2048.3 4 CITY CLERK'S CERTIFICATE I, Laurie Mora, Deputy City Clerk of the City Council of City of San Jacinto, Riverside County, California, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City duly and regularly and legally held at the regular meeting place thereof on 1994, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present. At said meeting said resolution was adopted by the following vote: Ayes: Noes: Absent: Abstain: I have carefully compared the same with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended, modified or rescinded since the date of its adoption, and same is now in full force and effect. Dated: 1994 Deputy City Clerk of the City of San Jacinto (Seal) PURL:13140_11141B2048.3