HomeMy WebLinkAbout1999 079 CC RESO1999 079 CC RESO¹òw @˜ @ RESO 99-79 SEP 15 1999H0õ8 RESOLUTION NO. 99-79
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.99-1
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 Bogart 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 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 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 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.99-1, 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 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
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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 noted*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 yearn 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 pal 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.
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.
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1999 079 CC RESO¹òw @˜ @ RESO 99-79 SEP 15 1999H0õ8Resolution 99-79
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SECTION 14. The bonds to be issued pursuant hereto under the Improvement Bond Act of
1915 be refunded pursuant to the Refunding Act of 1984 at the maximum interest rate and tern' 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 Re Resolution.
APPROVED AND ADOPTED on September 15, 1999
MAYOR MANUEL LOZANO
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, City Clerk/Deputy of the City of Baldwin Park, hereby certify that Resolution No.99-79 was duly passed and
adopted at a regular meeting of the City Council held on September is, 1999, and said Resolution was
passed and adopted by the following vote:
AYES: COUNCILMEMBERS: Pacheco, Gair, Van Cleave and Mayor Lozano
NOES: None
ABSENT None
ABSTAIN: None
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1999 079 CC RESO¹òw @˜ @ RESO 99-79 SEP 15 1999H0õ8 EXHIBIT A"
Bogart Avenue Improvement between Olive Street to Cul-De-Sac
This project includes installation of curb and gutter, sidewalk, driveway approach; access
ramp, 3" asphalt concrete over 4" aggregate base and sanitary sewer laterals
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