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HomeMy WebLinkAbout1999-01-12 - RESOLUTIONS - ACQUISITION OF RIGHTS OF WAY (2)RESOLUTION NO. 99-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION OF RIGHTS-OF-WAY AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED IMPROVEMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; DETERMINING TO PROCEED PURSUANT TO THE PROVISIONS OF PART 7.5 OF THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931; AND PROVIDING FOR THE ISSUANCE OF BONDS WHEREAS, the City Council (the "Council") of the City of Santa Clarita (the "City") is considering the formation of an improvement district, pursuant to the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000 ) of the California Streets and Highways Code, for the construction of certain public work and improvements and acquisitions of rights-of-way, if necessary; and WHEREAS, the City desires to declare its intention to order the construction of said improvements and acquisition of said rights-of-way, to describe the lands to be assessed to pay the costs and expenses of said improvements, and to provide for the issuance of bonds; and WHEREAS, the City intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the "1931 Act") by proceeding under Part 7.5 thereof; and WHEREAS, the City directs that the following information be included in the Engineer's Report as described in Section 3 hereof (the "Engineer's Report"): (1) The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, which would require an investigation and report under this division against the total area proposed to be assessed. (2) The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed. Total true value may be estimated as the full cash value of the parcels as shown upon the last equalized assessment roll of the County. Alternatively, total true value may be determined by other reasonable means, including, but not limited to, by adjusting the value shown on the last equalized assessment roll to correct for deviations from market value due to Article XIII A of the California Constitution; and RESOLUTION NO. 99-9 January 12, 1999 — Page 2 WHEREAS, the City will include in the notice sent pursuant to the law, including Section 10307 of the Act, a statement of the total principal amount of unpaid assessments already levied against all the property proposed to be assessed, as computed in the Engineer's Report; and WHEREAS, before confirming the assessment pursuant to Section 10311, of the Act, the legislative body shall find that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, as computed pursuant to paragraph (1) plus the principal amount of the special assessment proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the parcels proposed to be assessed, as computed pursuant to paragraph (2). The finding and determination of the legislative body shall be final and conclusive in the absence of fraud; NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Description of Improvements. The public interest and convenience require, and it is the intention of the Council, pursuant to the provisions of the applicable law, including the Act, to order the acquisition of rights-of-way and construction of certain improvements in an improvement district designated: ASSESSMENT DISTRICT NO. 99-1 (VERMONT DRIVE, EVERETT DRIVE IMPROVEMENTS) (Hereinafter referred to as the "Improvement District"), said improvements generally described as follows: Installation of new pavement and base, curbs and gutters, sanitary sewer system, local storm drain collection system within City right-of-way, including appurtenances and the acquisition of necessary public right-of-way or public easement areas related thereto, together with incidental costs and costs of issuing assessment bonds (hereinafter referred to as the "Improvements"), located in Everett Drive from approximately Powell Drive south to the terminus of Everett Drive with Vermont Drive. For further particulars, reference is hereby made to the Map of the Improvement District entitled "Proposed Boundaries Assessment District No. 99-l" (Vermont Drive, Everett Drive Improvements) adopted by resolution and on file with the City Clerk and to the following additional provisions: a) All of said Improvements and work 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 therefore, as hereinafter provided. RESOLUTION NO. 99-9 January 12, 1999 — Page 3 b) The description of the Improvements and the extent thereof as 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 the work to be prepared subsequent to the filing of the Engineer's Report shall be controlling as to the correct and detailed description thereof. c) 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. d) Notice is hereby given that the Improvements and work to be constructed may bring the finished work to a grade different from that which formerly existed, and to that extent, said grades are hereby changed and the work done to the changed grades, as more particularly described below. SECTION 2. Description of Imi)rovement District. Said Improvements and work are of direct and special benefit only to the properties and land within the Improvement District, and the general benefit of such improvements and work has been determined, quantified, and excluded from the proposed assessment. The City hereby makes the expense of said Improvements and work chargeable upon all properties, receiving such special benefit, which properties are hereby declared to constitute the Improvement District to be assessed to pay their related portion of the costs and expenses thereof, including incidental costs and expenses described as follows: All that certain territory included within the exterior boundary lines shown on the plat exhibiting the property specially affected or benefited by or to be assessed to pay their related portion of the costs and expenses of said Improvements and work in the Improvement District, said map titled and identified as: PROPOSED BOUNDARIES ASSESSMENT DISTRICT NO. 99-1 (VERMONT DRIVE, EVERETT DRIVE IMPROVEMENTS) and which map was heretofore approved by resolution and is on file with the City Clerk. For all particulars as to the boundaries of the Improvement District, reference is hereby made to said map and for a complete description of said Improvement District, said map on file with the City Clerk shall govern. SECTION 3. Report of Enzineer. Pursuant to Section 10203 of the Act and Part 7.5 of the 1931 Act under which the Council intends to proceed, the Council hereby refers the proposed Improvements to the Engineer of Work of the Improvement District, previously designated by resolution, who is hereby directed to make and file a report in RESOLUTION NO. 99-9 January 12, 1999 — Page 4 writing in the form described in Section 10204 of the Act and Section 2961(b) of the 1931 Act, containing the following: a) Plans and specifications of the proposed improvements. b) A general description of the nature, location and extent of the proposed Improvements to be constructed or acquired under these proceedings; c) An estimate of the costs of the proposed Improvements and Work, and of the costs of lands, rights-of-way, easements and incidental expenses as enumerated in said report in connection therewith; d) A diagram showing, as they existed at the time of the passage of this resolution, the exterior boundaries of the Improvement District, the boundaries of any zones within the district, and the lines and dimensions of each parcel of land within the Improvement District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivision shall be given a separate number upon said diagram; e) A proposed assessment of the total amount of the cost and expenses of the proposed Improvements, including, but not limited to, environmental impact reports, if any, feasibility studies, engineering plans, cost estimates and legal expenses, upon the several subdivisions of land in the Improvement District in proportion to the estimated benefits to be received by each such subdivision, respectively, from the Improvements. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof, f) An annual assessment, in an amount not to exceed fifty dollars ($50) per parcel, shall be assessed upon each of the parcels of land upon which there is an unpaid assessment in the Improvement District to pay costs incurred by the City, and not otherwise reimbursed, which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds administered under the proceedings, as provided in Section 10204(f) of the Act; such costs shall be in addition to any costs collected pursuant to Section 8682 and 8682.1 of the Bond Law (as defined in Section 4 hereof); and g) The information required to be included in the report pursuant to Section 2961(b) of the 1931 Act. SECTION 4. Bonds. Notice is hereby given that serial or term bonds in one or more series to represent the unpaid assessments, and bearing interest at rates not to exceed twelve percent per annum, will be issued and payable in the manner provided in RESOLUTION NO. 99-9 January 12, 1999 — Page 5 the "Improvement Bond Act of 1915" (the "Bond Law"), being Division 10 (commencing with Section 8500) of the California Streets and Highways Code, the last installment of which bonds shall mature a maximum of twenty-nine years from the second day of September next succeeding twelve months following the date of the bonds. The Council hereby further determines and notice is hereby further given that such bonds may be refunded upon determination by resolution of the Council to do so, provided, there will be a reduction in the interest cost to maturity by reason of the refunding of such bonds, and that the refunding bonds shall bear interest at a maximum rate and years to maturity, respectively, then permitted by law, and any adjustment to assessments resulting from the issuance of the refunding bonds will be done on a pro rats. basis. The provisions of Part 11. 1 of the Bond Law (commencing with 8760), providing an alternate procedure for the advance payment of assessments and the calling of bonds, shall apply. The principle amount of bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal amount of the bonds; the amount of principal maturing in each year plus the amount of interest payable in that year, will be as provided in the resolution authorizing issuance of the bonds. As an additional expense of the proceedings, an amount not in excess of ten percent of the proceeds of the bonds shall be included as a special reserve fund for the bonds, as authorized by Section 8880 of the Bond Law. SECTION 5. Authority for Proceedinos. Except as herein otherwise provided for the issuance of bonds, all of the Improvements shall be made and ordered pursuant to the provisions of the Act. SECTION 6. Surplus Funds. If any excess shall be realized from the assessment after completion of the Improvements and payment or provision for the payment of all costs and expenses in connection with the Improvement District, such excess shall be used, in such amounts as this Council may determine, in accordance with Section 10427 of the Act. SECTION 7. Special Fund. The Council hereby establishes a special fund designated: IMPROVEMENT FUND ASSESSMENT DISTRICT NO. 99-1 (VERMONT DRIVE/EVERETT DRIVE IMPROVEMENTS) into which moneys may be transferred at any time to expedite the making of the Improvements herein authorized; said moneys are a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. RESOLUTION NO. 99-9 January 12, 1999 — Page 6 SECTION 8. 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, as authorized by law, no notice of award of contract shall be published. SECTION 9. Grades. Notice is hereby given that the grade to which the work shall be as shown on the plans and profiles therefore, which grade may vary from the existing grades. With the written consent of the property owner, work may be done on private property to eliminate any disparity in level or size between the improvement and private property if the engineer of work determines that it is more economical to do such work on private property than to adjust the work on public property as provided in Section 10100.1 of the Act, such work shall be assessed to the parcel of land on which such work was done. The work herein contemplated shall be done to the grades indicated on the plans and specifications. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. SECTION 10. Proceedinas Incuiries. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below at the department indicated. City Engineer (805) 255-4942 City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 SECTION 11. 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 of Right -of -Way. The public interest, convenience and necessity may require that certain land rights-of-way or easements to be obtained in order to allow the works of Improvement proposed for this Improvement District to be accomplished. The City will accept dedication of, or will take such other actions and may be required to obtain such land rights-of-way or easements as may be required to construct the works of Improvement. SECTION 13. Bond Redemption. The Council further elects to provide that the bonds herein authorized, upon redemption prior to maturity, shall provide a premium of not to exceed three percent (3%) on the uninatured principal, to be specified in the resolution authorizing issuance of the bonds, and said language shall be added to the redemption clause in the bond form and the City shall require the property owner to pay said premium, if any, in order to discharge the obligation of the lien prior to maturity. RESOLUTION NO. 99-9 January 12, 1999 — Page 7 SECTION 14. Division 4 Proceedings. It is the intention of this Council to fully comply with the proceedings and provisions of Part 7.5 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, being Division 4 (commencing with Section 2800) of the California Streets and Highways Code. SECTION 15. Reduction of Assessment Lien. Following confirmation of the assessment and prior to issuing any bonds secured by such assessment, the City may without notice to or consent of any owner of property in the Improvement District cause the assessment to be reduced on the Engineer's Report and other records maintained by the City to an amount not less than the total cost and expenses of the proposed Improvements. SECTION 16. The City Council hereby declares its intention to reserve its rights to contribute to the costs of the Improvements, at its sole discretion, in an amount to be determined in accordance with the provisions of Section 10205 of the Streets and Highways Code. The City hereby declares its intent and orders that a portion of the Improvements and works shall be paid for by the City from any lawful funds following the imposition of the assessments; such contribution to be in amounts, and for the purposes, as further specified in the Engineer's Report and by the City. 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. The City reserves the right to determine at any time its sole discretion whether or not to make any advance. PASSED, APPROVED AND ADOPTED this 12th day of —1auuaxy_, 1999. ATTEST: ,�� x 0.�-, CITY CLERK RESOLUTION NO. 99-9 January 12, 1999 — Page 8 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA 1, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City of Santa Clarita at a regular meeting thereof, held on the 12th dav of January 1999 by the following vote of Council: AYES: COUNCILMEMBERS: Ferry, Weste, Klajic, Heidt, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK CCP:tW council\ res99-9.doc