Res 124RESOLUTION NO. 124
RESOLUTION OF THE CITY COUNCIL DECLARING
INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A
PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE
PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT
OF 1913"; DECLARING THE WORK TO BE OF MORE THAN
LOCAL OR ORDINARY BENEFIT~ DESCRIBING THE DIS-
RICT TO BE ASSESSED TO PAY THE COSTS ~D EXPENSES
THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS.
THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA (hereinafter referred to as
"Agency") DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and it is the intention
of this body, pursuant to the provisions of Division 12 of the
Streets and Highways Code of the State of California (the "Municipal
Improvement Act of 1913"), to order the construction of certain
public improvements, together with appurtenances and appurtenant
work, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 79-1
(hereinafter referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENTS
Ao
The construction of certain improvements, together with
appurtenances and appurtenant work and acquisition, if
necessary, in certain public streets and rights-of-way in the
Assessment District, as set forth in Exhibit "A" attached
hereto, incorporated and so referenced. For further
~articulars, reference is hereby made to a map of said
Assessment District previously adopted.
Said streets, rights-of-way and easements shall be shown upon
the plans herein referred to and to be filed with these
proceedings.
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All of said work and improvements are to be constructed at the
places and in the particular locations, of the forms, sizes,
dimensions and materials, and at the lines, grades and
elevations as shown and delineated upon the plans, profiles and
specifications to be made therefor, as hereinafter provided.
The description of the improvements and the termini of the work
'contained in this Resolution are general in nature. All items
of work do not necessarily extend for the full length of the
description thereof. The plans and profiles of tile work as
contained in the Engineer's "Report" shall be controlling as to
tile correct and detailed description thereof.
RESOLUTION NO. 124
Page Two
SECTION 2.
SECTION 3.
Eo
'F.
Whenever any public way is herein referred to as running between
two public ways, or from or to any public way, the intersections
of the public ways referred to are included to the extent that
work shall be shown on the plans to be done therein.
Notice is hereby given of the fact that in many cases said work
and improvement will bring the finished work to a grade
different from that formerly existing, and that to said extent,
said grades are hereby changed and said work will be done to
said changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
That said improvements and work are of direct benefit to the
properties and land within the Assessment District, and Agency
hereby makes the expenses of said work and improvement chargeable
upon a district, which said Assessment District is hereby declared
to be the Assessment District benefited by said work and
improvements and to be assessed to pay the costs and expenses
thereof, including incidental expenses and costs and which is
described as follows:
All that certain territory in the District included within the
exterior boundary lines shown on the plat exhibiting the property
affected or benefited by or to be assessed to pay the costs:and
expenses of said work and improvements in the Assessment District,
said map titled and identified as
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 79-1"
and which said map was heretofore approved and which said :nap or
diagram is on file in the Office of Agency, EXCEPTING from the area
shown within and delineated upon said map or plat hereinabove
referred to, the area of. all public streets, public avenues, public
lanes, public roads, public drives, public courts, public alleys,
and all easements and rights-of-way therein contained belonging to
the public. For all particulars as to the boundaries of the
Assessment District, reference is hereby made to said boundary map
heretofore previously approved, and for a c~nplete description of
said Assessment District, the said- plat and proposed boundary on
file shall govern.
REPORT OF ENGINEER
That this proposed improvement is hereby referred to BOYLE
ENGINEERING CORPORATION, the Engineer of Work, who is hereby
directed to make and file the report in 'writing containing the
following:
A. Plans and specifications of the proposed !mprovements;
B. An estimate of the cost of the proposed works of improvement,
including the cost of the incidental expenses in connection
therewith.
RESOLUTION NO. 124
Page Four
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SURPLUS FUNDS
That if any excess shall be realized from the assessment, it shall be
used, in such anounts as the Agency may determine, in accordance with
the provisions of law for one or more of the following purposes:
A. Transfer to the general fund of the Agency; provided that the
amount of any such transfer shall not exceed the lesser of One
Thousand Dollars ($1,000.00) or five percent (5%) of the total
from the Improvement Fund;
B. As a credit upon the assessment and any supplemental assessment;
or
C. For the maintenance of the improvement.
SPECIAL FUND
That the legislative body of Agency hereby establishes a special fund
designated
IMPROVEMENT FUND FOR
ASSESSMENT DISTRICT NO. 79-1
into which funds may be transferred at any time to expedite the
making of the improvement herein authorized, and said funds are a
loan and shall be repaid out of the proceeds of the sale of
assessments as authorized by law.
PRIVATE CONTRACT
Notice is hereby given that the public interest will not be served by
allowing the property owners to take the contract for the construction
of the improvements, and that, pursuant to Section 10502.4 of the
Streets and Highways Code of the State of California, no notice of
award of contract shall ~e published.
GRADES
That notice is hereby given that the grade to .which the work shall be
done is to be shown on the plans-~nd profiles therefor, which grades
may vary from the existing grades. The work herein cont~nplated shall
be done to the grades as indicated on the plans and specifications, to
which reference is made for a description of the grade at which the
work is to be done. Any objections or protests to the proposed grade
shall be made at the public hearing to be conJucted under these
proceedings.
RESOLUTION NO. 124
Page Five
SECTION 10.
PROCEEDINGS INQUIRIES
For any and all information relating to these proceedings,
including information relating to protest procedure, your
attention is directed to the below designated person at the
department indicated:
JOHN T. SHUGERT
BOYLE ENGINEERING CORPORATION
7807 CONVOY COURT, SUITE 200
SAN DIEGO, CALIFORNIA 92111
TELEPHONE: (714) 268-8080
SECTION ll.
PUBLIC PROPERTY
All public property in the use and performance of a public
function shall be omitted from assessment in these proceedings
unless expressly provided and listed herein.
SECTION 12.
ACQUISITION
That the public interest, convenience and necessity requires that
certain land, rights-of-way or easements be obtained in order to
allow the works of improvement as proposed for this Assessment
District to be accomplished. For a general description of the
location and extent of the easements or land necessary to be
acquired, reference is hereby made to maps on file in the Office
of Agency.
SECTION 13.
PETITION
That a petition signed by property owners representing more than
60% in area of the property subject to assess:lent for said
improvement has been signed and filed with Agency, and said
written petition expressly contains a waiver of any of the
proceedings and limitations as set Forth under Division 4 of the
Streets and Highways Code of the State if California, the "Special
Assessment Investigation, Limitation anJ Majority Protest Act of
1931".
RESOLUTION NO. 124
Page Six
SECTION 14.
CONTRIBUTION
That this Agency does intend to make a contribution to pay for
certain of the costs and expenses of these proceedings for this
Assessment District, said contribution described as follows:
Estimated ~bnount of Contribution: $ 43,000.00
Purpose: To pay for land acqusition and a portion of the costs
and expenses.
Source of Funds: City of Poway ~ater Fund
APPROVED and ADOPTED this 14th
day of July, 1981
MAYO~
CITY OF POWAY
STATE OF CALIFORNIA
ATTEST:
CITY CLE~
CITY OF ~(~WAY
STATE OF~{~ALIFORNIA
RESOLUTION NO. 124
CITY OF POWAY
ASSESSMENT DISTRICT NO. 79-1
EXHIBIT "A"
The construction and installation of certain water improvements, together ~th
appurtenances and appurtenant work, including the construction and installation
of pump station improvements, reservoir site work, and the installation of a
steel tank, together with the construction of water pipeline improvements,
together with appurtenances and appurtenant work, including the acquisition of
easements necessary in order to accomplish said improvements, all to serve and
benefit the properties within the boundaries of what is designated as
ASSESSMENT DISTRICT NO. 79-1. '
For a general description of the area of benefit, reference is made to the
previously approved boundary map showing the boundaries and parcels within the
boundaries of the Assessment District. For a full and complete description of
the works of improvement, reference is made to the plans and specificati6ns
which are to be a part of the Engineer's "Report" for these proceedings.
RESOLUTION NO. 124
Page Three
SECTION. 4
SECTION 5.
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A diagram showing the Assessment District above referred to,
which shall also show the boundaries and dimensions of the
respective subdivisions of land within said Assessment District,
as the same existed at the time of the passage of the Resolution
of Intention, each of which subdivisions shall be given a
separate number upon said Diagram;
A proposed assessment of the total amount of the assessable
costs and expenses of the proposed improvement upon the several
divisions of land in proportion to the estimated benefits to be
received by such subdivisions, respectively, from said
improvement. Said assessment shall refer to such subdivisions
upon said diagram by the respective numbers thereof;
The description of the works of improvement to be constructed
under these proceedings, and acquisition, where necessary.
When any portion or percentage of the cost and expenses of the
improvements is to be paid from sources other than assessments, the
amount of such portion or percentage shall first be deducted from
the total estimated costs and expenses of said work and
improvements, and said assessment shall include only the remainder
of the estimated costs and expenses. Said assessment shall refer
to said subdivisions by their respective numbers as assigned
pursuant to Subsection D. of this Section. ~
BONDS
Notice is hereby given that serial bonds to represent the unpaid
assessments, and bear interest at the rate of not to exceed the
current legal maximum rate of 10% per annum or tile maximum allowed
by law at the time of sale, whichever is higher, will be issued
hereunder in the manner provided in the "Improvement Bond Act of
1915", being Division lO of the Streets and Highways Code of the
State of California, the last installment of which bonds shall
mature a maximum of and not to exceed FOURTEEN (14) YEARS from the
second day of July next succeeding ten (10) months from ttleir date.
The provisions of Part ll.1 of said Act, providing an alternative
procedure for the advance payment of assess~ents and the calling of
bonds shall apply.
The principal amount of the bonds maturing eactl year shall be other
than an amount equal to an even annual proportion of the aggregate
principal of the bonds, and the amount of principal maturing in
each year, plus the amount of interest payable in that y~ar, will
be generally an aggregate anount that is equal eact~ year, except
for the first year's adjustment.
"MUNICIPAL IMPROVEMENT ACT OF 19t3"
That except as herein otherwise provided for the issuance of bonds,
all of said improvements shall be made and ordered pursuant to the
provisions of the "~,lunicipal Improvement Act of 1913", being Division
12 of tile Streets and Highways Code of the State of California.