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HomeMy WebLinkAboutResolution - 1679 San Jacinto 60,035-3-4 RESOLUTION NO. 1679 „ RESOLUTION OF THE ;CITY COUNCIL OF THE CITY of SAN JACINTO, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ACQUISITION AND INSTALLATION OF CERTAIN IMPROVEMENTS WITHIN A PORTION OF THE CITY DESIGNATED "ASSESSMENT DISTRICT NO. 87-111; DESCRIBING THE LOCATION OF THE IMPROVEMENTS; DESCRIBING THE AREA TO BE BENEFITED BY THE ACQUISITION AND INSTALLATION of THE IMPROVE- MENTS; DESCRIBING THE BONDS TO BE ISSUED TO REPRESENT :UNPAID :'ASSESSMENTS; PROVIDING FOR THE DISPOSITION OF SURPLUS REMAINING IN THE IMPROVEMENT FUND; DIRECTING THE ENGINEER OF WORK TO PREPARE AND PRESENT HIS REPORT IN THE FORM AND MANNER DESCRIBED IN THE MUNICIPAL IMPROVEMENT ACT OF 1913, DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA; AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CON- NECTION THEREWITH (ASSESSMENT DISTRICT NO. 87-1) WHEREAS, the City Council has been presented with a petition requesting that, among other matters, proceedings be taken under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "Code") , for the acquisition of the improvements (the "Improvements") described in Exhibit 1 attached to this Resolution and incorporated in this Resolution by this reference, and, with respect to the Improvements, all neces- sary appurtenances and appurtenant works within, and as necessary to provide;access and services to, Assessment District No. 87-1 (defined below) , including limitation, all engineering and design, appraisal, legal, accounting and financial consulting fees, land and right-of-way acquisition, capitalized interest, reserve funds and expense of financing Assessment District No. 87-1 and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto; and -1- D0074:489.11 01-27-67 (JASold) San Jacinto 60,035-3-4 WHEREAS, said petition was signed by all of the owners of the land within Assessment District No. 87-1; and WHEREAS, "Assessment District No. 87-1" means and refers to the area of the City of Jacinto, County of River- side, California described in Exhibit 2 attached to this Resolution and incorporated in this Resolution by this reference, the boundaries of which are also specified and set forth on the map (the "Assessment District No. 87-1 Map") on file with the City Clerk of the City of San Jacinto, which map, Is designated "Proposed Assessment District, San Jacinto, California." NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AS FOLLOWS: Section 1. That the recitals set forth above are true and correct. Section 2. That the public interest and conve- nience require, and it is the intention of the City Council to take proceedings for the acquisition of the Improvements and all necessary appurtenances and appurtenant works within, and as necessary to provide access and services to, Assess- ment District No. 87-1, including without limitation, all engineering and design, appraisal, legal, accounting and financial consulting fees, land and right-of-way acquisition, capitalized interest, on the bonds, reserve funds and expenses of financing Assessment District No. 87-1 and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto. The Improvements -2- D0074:489.11 01-27-87 (JASold) San Jacinto 60,035-3-4 and all such necessary appurtenances and appurtenant works shall be collectively referred to in this Resolution as the "Improvements". Section 3. That City Council find that the Improvements will convey_direct and special benefit to Assessment District No, 87-1. The Assessment District No. 87-1 Map, which is on file in the office of the City Clerk, indicates by a boundary lire the extent of the territory included in Assessment District No. 87-1 and shall govern for all details as to the extent of Assessment District No. 87-1. Section 4. That notice is hereby given that serial bonds (the "Bonds",) to represent unpaid assessments, and to bear interest at the rate of not to exceed twelve percent per annum (12%) will be issued hereunder in the manner provided by (Division 10 of the California Streets and Highways Code) , the Improvement Bond Act of 1915, and the last installment of such bonds shall mature no later than. 39 years from the second day of September next succeeding 12 months from their date. The Bonds shall mature serially in such amounts per year so that the combined payments of principal and interest coming due on the Bonds in any such year shall be approxi- mately equal. The above provisions notwithstanding, the City Council may issue the Bonds on such other terms as may be provided by law in effect at the time the Bonds are issued. The City Council shall also provide at the time of issuance cf the Bonds, and shall make a covenant to that effect with the bondholders, that it will commence judicial foreclosure Within 120 days of delinquency of any installment as to any '_ot or parcel of property assessed and as to which any installment of any unpaid assessments becomes delinquent. -3- D0074:489. 11 01-27-87 (JAS:ld) San Jacinto 60,035-3-4 Section 5. - It is proposed by the City Council that, _n providing for advance payments of unpaid assess- ments, the City shall proceed in accordance with the pro- visions in Section 8760 et seq. of the Code. Section 6. That, in accordance with the provisions of Section 10427 of the Code, the City Council declares that any surplus remaining in the improvement fund to be estab- lished to pay the costs and expenses of the construction, installation and acquisition of the Improvements following completion of such construction, installation and acquisition shall be used, in such amounts as the City Council may determine, for one or more of the following purposes: (i) for transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of one thousand dollars ($1,000) or five percent (5%) of the total amount expended from such improvement fund, (ii) for the maintenance of the Improvements, or (iii) for transfer to the Bond redemption fund as will be hereinafter established, to be used for the payment, at or prior to maturity, of the Bonds, the interest thereon and the prepayment penalty, if any. Section 7. That, pursuant to the provisions of Sections 10109 through 10111, inclusive, of the Code, the City is hereby authorized to enter into agreements as pre- scribed therein with each of the following entities: Southern California Edison Company, Eastern Municipal Water District, the City of San Jacinto, Southern California Gas Company and General Telephone Company of California. -4- D0074:489.11 01-27-87 (JAS:ld) San Jacinto 60,035-3-4 Section 8. That the City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the Bond redemption fund. This determination not to ,obligate itself shall not prevent the City from, in its sole discretion, so advancing funds. Section 9. That the proceedings for the construc- tion, installation and acquisition of the Improvements and for the assessment of.benefited properties shall be carried out pursuant to such Municipal Improvement Act of 1913 and such proceedings for the issuance of the Bonds as are to be issued to represent unpaid; assessments shall be carried out pursuant to such Improvement Bond Act of 1915. Section 10. That the Citv council finds that the petition referred to in the recitals of this Resolution expressly waives the application to these proceedings of the Special Assessment Investigation, Limitation And Majority Protest Act of 1931, Division 4 of the Code, and no further proceedings under said Act shall be taken. Section 11. That such lots or parcels, or any of them, within Assessment District No. 87-1, which are publicly owned and which are in use in the performance of any public function, shall be omitted from the assessment hereafter made to cover the costs and expenses of the work, and no assess- ment shall be levied against any property which is to be acquired by or pursuant to these proceedings and thereby made publicly-owned property. Section 12. If the written consent of the owner of the property is first obtained, work may be done on private -5- D0074e489.11 01-27-87 (JAS:ld) San Jacinto 60,035-3-4 property to: ' (i) eliminate any disparity in level or size between the Improvements and private property, or (ii) to aid in the drainage of the Improvements or the private property, or (iii) to eliminate damage to such private property caused by the acquisition and installation of the Improvements, or (iv) as otherwise reasonably requested by such owner of property as a condition of his consent; including in the foregoing, without limitation, clearing and grobbing, dumping fill material, compacting to grade and grading; and it is hereby determined that it is in the public interest to do such work on private property. The cost of such work may be added to the assessment of the lot on which work is done. Section 13. That Brian McNabb, Director of Community Development of the City (sometimes referred to as "Engineer of Work") , is authorized and directed to make and file with the City Clerk a report in writing (sometimes referred to as the "Engineer's Report") , as defined and described in Section 10204 of the Code. -6- D0074:489.11 01-27-87 (SAS:ld) San Jacinto 60,035-3-4 Section 14. This Resolution shall take effect immediately upon adoption. MOVED, PASSED AND ADOPTED this 3rd�_ day of Fphruary , 1987, by the following roll call vote: AYES: Councilmen Divine, Ford, Redding, Stevens and Stuart NOES: _clone ABSENT: _Hone ABSTAIN: jov4ed: t•San Jacinto Attest, / 7 % De u y, ity Clerk CFRTIFICATE I hereby certify that the foregoing is certified to be a true copy of Resolution No. 1679 duly adopted by the said City Council of the Gify of San Jacinto on the date set forth therein. i Deputy City Clerk -7- D0074:489.11 O1-e7-87 (JAS:ld) San Jacinto 60,035-3-4 EXHIBIT 1 IMPROVEMENTS Streets, sidewalks, sewers, water mains, curbs, gutters, paving, underground electrical wiring, street lights, underground telephone lines and drainage facilities. -8- 00074:489,11 01-27-87 (JAS:ld) San Jacinto 60,035-3-4 EXHIBIT 2 LEGAL DESCRIPTION OF ASSESSMENT NO. 87-1 Parcels l though 9, inclusive, of Parcel Map 20795 in the City of San Jacinto, County of Riverside, State of California as recorded in the records of the County of Riverside, Book 131, pages 60-63. -9- D0074:489. 11 O1-27-87 (JAS:ld)