Res90 11280 - Laserfiche WebLink

Browse Search

All of these grades and elevations are to be in feet and decimals of feet with reference to the datum plane of this City. 7. The descriptions of the acquisitions and 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 their description. The plans and profiles of the work and maps and descriptions as contained in the Engineer's Report, as directed in this Resolution to be made and filed, shall be controlling as to their correct and detailed description. 8. The contemplated acquisitions and improvements, in the opinion of this Council, are of local public benefit, and their costs and expenses are made chargeable upon an assessment district, the exterior boundaries of which are shown on a map on file in the office of the City Clerk, to which reference is hereby made for further particulars. This 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. 9. This Council declares that all publiC streets, highways, lanes and alleys within the assessment district in use in the performance of a public function, and all lands owned by any public entity, including the United States and the State of California, or any of their departments, shall be omitted from the assessment hereafter to be made to cover the costs and expenses of the acquisitions and improvements. 10. If any excess shall be realized from the assessment it shall be used, in amounts as this Council may determine, in accordance with the provisions of law, for one or more of the following purposes: (a) Transfer to the general fund of this City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment, or, in the alternative, to call any outstanding bonds; or (c) For the maintenance of the improvements. 11. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided in this Resolution, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this City, or of any public utility, it is the intention of this Council to enter into an agreement with that public agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the Act, which agreement may provide for, among other matters, the ownership, operation and maintenance by that agency or utility of the works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of the improvements by that agency or utility and for the providing of service to the properties in the area benefiting from the work, rights, improvements and acquisitions by that agency or utility in accordance with its rates, rules and regulations, and that the agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of the agreement. -2- 11280