HomeMy WebLinkAbout2005 012 CC RESO2005 012 CC RESOåK § RESOLUTION NO. 2005-012
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK DECLARING ITS
INTENTION TO ORDER THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS IN PROPOSED
CRAGMONT STREET, ASSESSMENT DISTRICT NO.
2005-0 1
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 Cragmont Street 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.
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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. 2005-01. 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.
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.
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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 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.
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2005 012 CC RESOåK § Resolution No. 2005-012
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th
APPROVED AND ADOPTED this 16"' day of February, 2005.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
ss:
I, Rosemary M. Ramirez, Chief Deputy City Clerk of the City of Baldwin Park,
hereby certify that Resolution No. 2005-012 was passed and adopted at a regular
meeting of the City Council held February 16, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Marten Garcia, David J. Olivas, Bill Van Cleave,
Mayor Pro Tern Ricardo Pacheco and Mayor
ManuelLozano
NONE
NONE
NONE
ROSEMARY MJ^AMIREZ, CMC
CHIEF DEPUTY CITY CLERK
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2005 012 CC RESOåK § EXHIBIT A"
CRA GMONT STREET
ASSESMENT DISTRICT 2005-01
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