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Home My WebLink About1997 079 CC RESO1997 079 CC RESO(Ìì³d4' RESOLUTION NO.97-79 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. WHEREAS, in accordance with the 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 collection of fees for certain improvements, hereinafter described have signed and filed with the clerk of the City Council a written Petition for the construction of a sanitary sewer and individual connecting laterals 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 Act of 1911 or the Improvement Bond Act of 1915 and by the Petition waived all proceedings required by the Provisions of Division 4 of said Street and Highways Code being the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Streets and Highways Code Sections 2800-3012); and WHEREAS, the City Council of the City of Baldwin Park appoints the Director of Public Works as Engineer to 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 and assessment; and WHEREAS, the public interest and convenience requires the construction of said improvements; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. 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 fee collections hereinafter described and hereby grants the Petition and hereby determines that he situation described in Clause 3 of Section 2804 of the Streets and Highways Code exists and that the Majority Protest Act of 1931 shall not apply to the proceedings hereinafter provided for. SECTION 3. The public interest and convenience require the construction of the improvements hereinafter described. SECTION 4. It is the intention of the City Council of the City of Baldwin Park to order the work, acquisitions and improvements to be made for an assessment district hereinafter provided for) designated Assessment District No. 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 work and improvements shall be made and done pursuant to the Municipal Improvement Act of 1913. SECTION 5. The City Council hereby declares that the territory within the boundaries hereinafter specified and described is the district to be benefited by the work, acquisitions and improvements is hereby made chargeable upon the 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 Proposal Boundaries Assessment District City of Baldwin Park", which map indicates by a boundary line the extent of the territory included in the proposed 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 the resolution. The Clerk shall file the original of such map in her office and, within fifteen 15) days after the adoption of the formation and extent of the BIB] 37650-U01 1997-U02 079-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1277-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-79-U05 DEC-U05 17-U05 1997-U05 1997 079 CC RESO(Ìì³dResolution 97-79 Page 2 of 3 assessment district, the Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Los Angeles, State of California. SECTION 6. All public streets, alleys, easements and ways, and all publicly owned property in the assessment district in use in the performance of a public function shall be omitted from the assessment hereafter to be made to pay the cost and expense of the acquisitions. SECTION 7. Notice is hereby given that serial bonds to represent unpaid assessments, and which bear interest at a fixed variable interest rate of not to exceed twelve 12%) per annum, or such higher maximum interest rate as may be provided in the resolution of issuance, will be issued hereunder in the manner provided in either Division 7 of the Streets and Highways Code Improvement Act of 1911) or in Division 10 of the Streets and Highways Code Improvement Bond Act of 1915) and the last installment of such bonds shall mature in not-to-exceed 39 years from the second of September next succeeding 12 months from their date. 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 6. The City Council further hereby declares that it is its intention to covenant that, upon default of any assessment payment due it will cause foreclosure proceedings to be brought within 150 days of such default, as permitted by Section 8830 b) of the Streets and Highways Code. SECTION 9. The City Council further declares 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. SECTION 10. The City Council hereby finds and determines that if the assessment proposed herein results in a surplus from the proceedings to be provided for in the proceedings hereafter taken pursuant to this resolution, after the improvements are acquired, the surplus shall be applied to call debt or 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 11. 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 required to be published, the City Clerk is hereby ordered to publish such notice, resolution or other matter in the bulletin which is hereby selected by the City Council for that purpose. SECTION 12. 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 13. Pursuant to Streets and Highways Code Section 8769, this Council hereby determines 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; provided, however, this determination shall not prevent the City from, in its sole descretion, advancing funds for such purpose as otherwise provided in the Improvement Bond Act of 1915. BIB] 37650-U01 1997-U02 079-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1277-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-79-U05 DEC-U05 17-U05 1997-U05 1997 079 CC RESO(Ìì³dResolution 97-79 Page3of3 SECTION 14. The bonds to be issued pursuant hereto under the Improvement Bond Act of 1915 may be refunded pursuant to the Refunding Act of 1984 at the maximum interest rate and term permitted by law and any reassessment for refunding shall be done on a pro rata basis. SECTION 15. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED on December 17,1997. AYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES 55: CITY OF BALDWIN PARK LINDA L. GAIR, City Clerk of the City of Baldwin Park, hereby certify that Resolution No.97- was duly passed and adopted at a regular meeting of the City Council held on December 17,1997, and said Resolution was passed and adopted by the following vote: AYES: LOWES 1([1SE PACHECO VAN CLEAVE & MAYOR LOWES NOES: NONE ABSENT: NONE ABSTAIN: NONE C Z BIB] 37650-U01 1997-U02 079-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1277-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-79-U05 DEC-U05 17-U05 1997-U05 1997 079 CC RESO(Ìì³d PROPOSED BOUNDARY FOR ASSESSMENT DISTRICT 97-1 CITY OF BALDWIN PARK SEE ORIGINAL FOR THIS PAGE BIB] 37650-U01 1997-U02 079-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1277-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-79-U05 DEC-U05 17-U05 1997-U05