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HomeMy WebLinkAboutRES 93-01RESOLUTION NO. 93-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; 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 DIAMOND BAR, CALIFORNIA, DOES RESOLVE AND ORDER that: 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 "Municipal Improvement Act 1913"), to order the installation of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 1 (THE COUNTRY) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The financing of certain public improvements described as the construction of sanitary sewers, including the acquisition of right-of-way and easements necessary in connection with such improvements and all appurtenant structures or facilities to serve and benefit properties located within the boundaries of the Assessment District. B. Said streets, rights-of-way and easements shall be shown upon the plans associated with these proceedings. C. All of said work and improvements are to be installed 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 final plans, profiles and specifications to be made therefor, as hereinafter provided. D. 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 shall be contained on the final plans as contained in the Engineer's "Report" shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT 2. That said improvements and work are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay all costs and expenses thereof, including incidental expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 1, and which map was heretofore approved and which said map or diagram is on file with the documentation of these proceedings, EXCEPTING therefrom the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved and on file. REPORT OF ENGINEER 3. That this proposed improvement is hereby referred to the City Engineer, for the City of Diamond Bar, who is hereby directed to file the report in writing containing the following: A. Plans and specifications of the proposed improvements; sufficient to describe the general nature, location and extent of the improvements. B. An estimate of the cost of the proposed works of improvement, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of E and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Reso- lution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be installed under these proceedings, and acquisition, where necessary. F. An identification of the proposed maximum annual assessment upon each of the several divisions of land to pay costs incurred by the City which result from the administration and collection of assessments or bonds and other related costs. When any portion or percentage of the cost and expenses of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D of this Section. BONDS 4. Notice is hereby given that 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 hereunder in the manner provided in the "Improvement Bond Act of 191511, being Division 10 of the Streets and Highways Code of the State of California, which bonds shall mature a maximum of and not to exceed FOURTEEN (14) YEARS. 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 Treasurer or designated Paying Agent. 3 REFUNDING Any bonds issued pursuant to these proceedings and Division (a) may be refunded, (b) the interest rate on said bonds shall not exceed the maximum interest rate as authorized for these proceedings, and the number of years to maturity shall not exceed the maximum number as authorized for these bonds unless a public hearing is expressly held as authorized pursuant to said Division 11.5, and (c) any adjustments in assessments resulting from any refundings will be done on a pro -rata basis. Any authorized refunding shall be pursuant to the above conditions, and pursuant to the provisions and restrictions of Division 11.5 of the Streets and Highways Code of the State of California, commencing with Section 9500. "MUNICIPAL IMPROVEMENT ACT OF 1913" 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 Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in 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 (5%) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvement; or D. To call bonds. SPECIAL FUND 7. The legislative body 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 4 improvements herein 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. PRIVATE CONTRACT 8. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the installation of the improvements included as part of the final plans and specifications, and that, as authorized by law, no notice of award of contract shall be published. 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: George A. Wentz City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 Telephone: (909) 396-5671 PUBLIC PROPERTY 10. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. COUISITIO 11. That the public interest, convenience and necessity requires that certain land, rights-of-way or easements abe obtained in order to allow the works of improvement as proposed for this Assessment District to be accom- plished. The Engineer's "Report", upon adoption, shall set forth a general description of the location and extent of easements and/or land necessary to be acquired. NO CITY LIABILITY 12. This legislative body hereby further declares not to obligate itself to advance available funds from the Treasury to cure any deficiency which may occur in the bond redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of California, and 5 said determination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 1915". WORK ON PRIVATE PROPERTY 13. If it is hereby further determined to be in the best public interest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. ANNUAL ADMINISTRATIVE ASSESSMENT 14. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related funds. UTILITY IMPROVEMENTS 15. This legislative body further proposes to enter into Agreements with Los Angeles County Public Works and/or Los Angeles County Sanitation District, said Agreements setting forth certain terms and conditions relating to the construction and/or maintenance of the improvements associated with the assessment district, as well as the ownership, management and control of said improvements. A copy of said Agreements shall be, upon approval, on file in the office of the City Clerk. The City clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, ADOPTED AND APPROVED this 20th day of January, 1993. Mayor 6 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of January, 1993, by the following vote: AYES: COUNCIL MEMBERS: Werner, Forbing, MacBride, Mayor Pro Tem Papen, Mayor Miller NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: CiXy Clerk of - e Cl-ty of Diaikand Bar LB:8/04/92 7