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HomeMy WebLinkAbout1986 038 CC RESO1986 038 CC RESO;¢fìú RESOLUTION NO. 86-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 86-1 WHEREAS, in accordance with th provisions of Section 2804 of the California Streets and Highways Code, the owners of more than 60 percent in area of the property subject to assessment for the proposed construction of certain improve- ments, hereinafter described have signed and filed with the Clerk of the City Council a written Petition for the construct- ion in proceedings to be taken by the City Council, pursuant to the Municipal Improvement Act of 1913, and for the issuance of bonds in the proceedings under the Improvement Bond Act of 1915, and by the Petition waived all proceedings required by the pro- visions of Division 4 of said Streets and Highways Code being the Special Assessment Investigation,, Limitation and Majority Protest Act of 1931, Streets and Highways Code Section 2800-3012); and WHEREAS, the City Council of the City of Baldwin Park by its Resolution NO. 86- 37 adopted June 4, 1986, appointed Psomas Associates as Engineer of Work to do and perform all engineering work necessary in and for the proceedings, including the description and improvements to be constructed, estimate of costs, diagram and assessment; and WHEREAS, the public interest and convenience requires the constructin of said improvements; and NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. That the foregoing recitals are true and correct and the City Council so finds and determines, SECTION 2. That the City Council hereby finds and determines that the Petition has been signed by the owners of more than 60 percent in the area of the property subject to assessment for the proposed acquisitions hereinafter described and hereby grants the Petition and hereby determines that the situation described in Clause 3) in Section 2804 of the Streets and Highways Code exits and that the Majority Protest Act of 1931 shall not apply to the proceedings hereinafter provided for. SECTION 3. That the public interest and convenience require the construction and acquisition of the improvements hereinafter described, SECTION 4, That it is the intention of the City Council of the City of Baldwin Park to order the work, acquisi- tions, and improvements to be made for an asessment district hereinafter provdied for) designated Assessment District No. 86-1, the exterior boundaries of which are hereinafter specified and described in Section 5 hereof, the work, acquisitions and improvements being as set forth on Exhibit A" attached hereto. Except as in this resolution otherwise specifically provided, all the acquisitions shall be made and done pursuant to the Municipal Improvement Act of 1913. SECTION 5. That the City Council hereby declares that the territory within the boundaries hereinafter specified and described to be benefited by the work, acquisitions, and improvements to be made and to be assessed to pay the cost and BIB] 37847-U01 1986-U02 038-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO20545-U03 DO20694-U03 C6-U03 RESO-U03 8/13/2003-U04 ROBIN-U04 1986 038 CC RESO;¢fìú Resolution No. 86-38 Page Two expenses thereof; that the expense of the work, acquisitions, and improvements is herby made chargeable upon the district; and that the exterior boundaries of the assessment district are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk of the City of Baldwin Park entitled Proposed Boundaries, Assessment District No. 86-1, City of Baldwin Park," which map indicates by a boundary line the extent of the territory included in the pro- posed district and shall govern for all details as to the extent of the assessment district. On the original and copy of the map of such assessment district on file in the Clerk's Office, the Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The Clerk shall file an original of such map in her office and, within fifteen 15) days after the adoption of the Resolution fixing the time and place of hearing on the formation and extent of the assessment district, the Clerk shall file a copy of such map so endorsed in the records of the Los Angeles County Registrar-Recorder, State of California. SECTION 6. That all public streets, alleys, ease- ments and ways, and all publicly owned property in the assessment district in use in the performance of a public func- tion shall be omitted from the assessment hereafter to be made to pay the cost and expenses of the acquisitions. SECTION 7. That the City Council further declares that it is its intentions to enter into agreements with Southern California Edison Company, Southern California Gas Company, General Telephone Company and Valley County Water District, pursuant to Section 10110 of the Streets and Highways Code, regarding the construction and installation of certain facilities, the cost of which shall be asessed upon the real property benefiting therefrom and title to which shall vest, upon completion, in said utilities. SECTION 8. That notice is hereby given that serial bonds to represent unpaid assessments, and which bear interest at a fixed or variable interest rate of not to exceed twelve 12%) per annum, will be issued hereunder in the manner provided in Division 10 of the Streets and Highways Code the Improvement Bond Act of 1915). The alternate procedure for collecting assessments and advance retirement of bonds as set forth in Part 11.1 of Division 10 of the Streets and Highways Code shall apply herein. Pursuant to Section 8650.1 of said Code, the City Council may determine to issue said bonds so that other than an equal annual proportion of the principal amount shall mature each year. SECTION 9. That the City Council further hereby declares that it is its intention to covenant that, upon default of any assessment payment due and upon written demand of any bondholder affected thereby, it will cause foreclosure proceed- ings to be brought within 150 days of such demand, as permitted by Section 8830 b) of the Streets and Highways Code. SECTION 10. That the City Council further delcares that it is its intention to create a special reserve fund to provide for the purchase of tax delinquent property by the City and for other advances contemplated to be made by the City under Part 13 of Division 10 of the Streets and Highways Code, as permitted by Section 8880-8886 of the Streets and Highways Code. BIB] 37847-U01 1986-U02 038-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO20545-U03 DO20694-U03 C6-U03 RESO-U03 8/13/2003-U04 ROBIN-U04 1986 038 CC RESO;¢fìú Resolution No. 86-38 Page Three SECTION 11. That the City Council hereby finds and determines that if the assessment proposed herein results in a surplus in the improvement fund to be provided for in the proceedings hereafter taken pursuant to this resolution, after the improvements are acquired, the surplus shall be applied as a credit on the assessment, unless the City Council hereafter otherwise provides by resolution/ all in accordance with the provisions of Sections 10427 to 10427,2, inclusive/ of the Streets and Highways Code. SECTION 12. That whenever/ in the Municipal Improvement Act of 1913 or in the Improvement Bond Act of 1915 a notice/ resolution/ order or other matter relative to said proceedings for the work/ acquisitions and improvements in said assessment district is reqired to be published/ the City Clerk is hereby ordered to publish such notice/ resolution/ or other matter in the Highlander/ which is hereby selected by the City Council for that purpose. SECTION 13. That the City Council hereby refers the proposed acquisitions and improvements to the Engineer of Work/ and hereby directs the Engineer to make and file with the City Clerk a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code. SECTION 14. The City Council hereby makes the finding that/ in its opinion/ the public interest will not be served by allowing the property owner to take the contract for construction of the improvements and that the property owner may not elect to take such a contract pursuant to Public Contracts Code Section 20485. /7 APPROVED AND ADOPTED this 4Wday of June/ 1986. a^^UL STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS; CITY OF BALDWIN PARK I, LINDA L. GAIR/ City Clerk for the City of Baldwin Park/ do hereby certify that the foregoing Resolution was duly and regularly aproved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on the 4th day of June/ 1986 by the following vote; AYES: COUNCILMEN GIBSQN. I2ELL, KING, MCNEILL AND MAYOR WHITE NOES: COUNCILMEN j^[£ ABSENT: COUNCILMEN NONE J^^ L.WDA L. GAI^< CITY CLERK BIB] 37847-U01 1986-U02 038-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO20545-U03 DO20694-U03 C6-U03 RESO-U03 8/13/2003-U04 ROBIN-U04 1986 038 CC RESO;¢fìú ASSESSMENT DISTRICT NO. 86-1 DESCRIPTION OF WORK This project will include all services and work associated with the establishment of the Assessment District and the design, financing, construction, testing, inspection and administration of the Littlejohn Street and utility improvements. The nature of the facilities to be constructed will include street, land- scaping, irrigation, sanitary sewer, storm drain, water, traffic signal, telephone, electrical, gas and street light facilities aid all appurtenances thereto. BIB] 37847-U01 1986-U02 038-U02 CC-U02 RESO-U02 LI3-U03 FO2126-U03 FO20545-U03 DO20694-U03 C6-U03 RESO-U03 8/13/2003-U04 ROBIN-U04