HomeMy WebLinkAbout2004 073 CC RESO2004 073 CC RESO ¬Ù € : RESOLUTION NO. 2004-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK DECLARING ITS INTENTION TO ORDER
THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN
PROPOSED CALINO AVENUE ASSESSMENT DISTRICT
NO. 2004-01
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 Calino Avenue Improvements 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 Streets 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 City 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 the 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. 2004-01, 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.
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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 Proposed 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 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 or variable interest rate of not-to-exceed
eight 8%) 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 8. 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.
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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 discretion, advancing
funds for such purpose as otherwise provided in the Improvement Bond Act of 1915.
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.
PASSED AND APPROVED this 20th day of October, 2004.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
SS.
I, KATHLEEN SESSMAN, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing resolution was duly and regularly approved and adopted by the City
Council of the City of Baldwin Park at a regular meeting of the City Council on October 20,
2004, by the following vote:
AYES:
COUNCILMEMBERS:
Marlen Garcia, David Olivas, Ricardo Pacheco,
Mayor Pro Tern Bill Van Cleave and Mayor
ManuelLozano
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ll^Aa^JL.
KAfHLEENRfSESSM/i
AaA-.^jL^^a^J
HLEENR. SESSMAN
DEPUTY CITY CLERK
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2004 073 CC RESO ¬Ù € : ATTACHMENT A"
CALINO AVENUE IMPROVEMENT
ASSESMENT DISTRICT 2004-01
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2004 073 CC RESO ¬Ù € : /
NAME OF PETITIONER
AND RESIDENT ADDRESS
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SIGNATURE.
STREET ADDRESS OH OTHER
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PROPOSED FOR INCLUSION
IN THE PROPOSED SPECIAL
ASSESSMEW_DISTRICT_
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