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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. Co 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. Co 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.