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1990-19 RESOLJUrION NO. 90-19 RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF GRAND TERRACE 00NFIRMIIdG A DIAGRAM AND ASSESS- MENT AND PROVIDING FOR ANION OF ADDITIONAL TERRITORY AND ANNUAL ASSESSMENT LEVY AFTER FOIZ1ATION OF A DISTRICT WHEREAS, the City Council has initiated proceedings for the annual levy of the assessments for a street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 197211, being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district ]mown and designated as CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO. 89-1 WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did Proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of the proposed assessment; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with said annexation and additional territory and annual levy of assessments. NOW, TBEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore does hereby resolve, determine and order as follows: SECTION 1. That the above-recitals are all true and correct. -_ Page 1 of 3 SECTION 2. Mat upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assessable lands within the District, and all protests are overruled and denied. SEICMON 3. 1hat this City Council hereby confirms the diagram and assessment as submitted and order the annexation of additional territory and annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. SECTION 5.. That. the adoption of this Resolution constitutes the levy of the .assessment for the fiscal year. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report", Pursuant to said "landscaping and Lighting Act of 197211, as submitted, are hereby approved, adopted by this City Council and hereby confirmed. SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City. i Page 2 of 3 SECTION 8. 9hat the City Treasurer has previously established a special fund known as the CITY OF GRAND TERRACE IANDSCAPING AND STR= LIGIiT M DISIRICr NO. 89-1 into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law arxi said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer. SECTION 9. 'Ibat the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption. SECPION 10. That a certified copy of the assessment and diagram shall be ;- filed in the office of the City Engineer, with a duplicate copy on file in the 1 Office of the City Clerk and open for public inspection. PASSE,, APPROVED and ADOPTED this 23 day of A.0 g u s t , 1990, by the following vote: AYES: Pfennighausen, Singley, Carlstrom, Mayor Pro Tem Grant; Mayor Matteson NOES: None ABSENT: None ABSTENTIONS: None BYRONZAkTIE80N, MAYOR CITY60F GRAND TERRACE STATE OF CALIFORNIA AT'TTF'_ST: NITKPROM, CM CLERK CITY TERRACE AP FO JOHN HARPER, RNEY Page 3 of 3 State of California SASY Form 201-A 11/89 Dept. of General Services State Agency for Surplus Property 2325 Moore Avenue Fullerton, CA 92633 (714) 992-0900 ELIGIBILITY RENEWAL APPLICATION' V�o '-�7 FEDERAL SURPLUS PROPERTY PROGRAM Name of organization City of Grand Terrace Telephone 714-824-6621 Address 22/95 Barton Roaa CityLirana lerrace Count an Bernardino Zip92324 Organization is a: PUBLIC AGENCYX_ tiONPROFIT'AMICY A. Conservation J. Private Education B. Economic Development X. Private Health C. Education L. Older Americans Act for Sr.Cits. D. Parks 6 Recreation M. Homeless Program fi. Public Health F. Public Safety =G. 2 or more listed NOTE: Categories J-1-L-M H. Other (includes library/museums) Number of sites I. Homeless Program Enrollment or number of clients served RESOLUTION "BE IT RESOLVED by the Governing Board, OR by the Chief Administrative Officer of those organizations which do not have a governing board, and hereby-ordered that the official(s) and/or employees) whose name(s). title(a), and signature(s) are listed below shall be and Is (are) hereby authorized as our representative(s) to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side of this form." MANE-(Print or type) TITLE S Tom Schwab City Manager Randy Anstine Assistant Ci.ty Manager Rick Zoglmann Maintenance Supervisor PASSED AND ADOPTED this Eda of L by the Governing Board of by the following vote: ea: S i Noes._: Absent:_. �/ s[� ,�/�l� Clerk of the Governing Board of �-l4^4Zn-�1 6e%4(LGL do hereby certify that the foregoing is a full, rue. and correct copy of a resolution adopted by the Board at's meting thereof held at its regular place of meeting at the date and by the vote above stated, which resol is n file in the office of the Board. OR AUrWRIZED this day of , 19_, by: Naas of Chief Administrative Officer Title (Slimed) - FOR STATE AGE1= USE Application approved: Application disapproved Comments or additional information: Date Signed: (Title) TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a public agency;or a nonprofit institution or organization,exempt from taxation under Section 501 of the Internal Revenue Code of 1954;within the meaning of Section 2030)of the Federal Property and Administrative Services Act of 1949.as amended,and the regulations of the Administrator of General Services. (2) If a public agency,the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes,or,if a nonprofit tax-exempt institution or organization,the property is needed for and will be used by the recipient for educational or public health purposes,including research for such purpose,or for programs for older individuals.The property is not being acquired for any other use or purpose,or for sale or other distribution;or for permanent use outside the state,except with prior approval of the state agency. (3) Funds are available to pay all costs and charges incident to donation. (4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued underTttle VI of the Civil Rights Act of 1964.Title VI,Section 606,of the Federal Property and Administrative Services Act of 1949,as amended.Section 504 of the Rehabilitation Act of 1973.as amended,Title IX of the Education Amendments of 1972,as amended.and Section 303 of the Age Discrimination Act of 1975. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for.the purpose(s)for which acquired within one year of receipt and shall be continued in use for such purpose(s) for one year from the date the property was placed in use.In the event the property is not so placed in use.or continued in use,the donee shall immediately notify the state agency and,at the donee's expense,return such property to the state agency,or otherwise make the property available for transfer or other disposal by the state agency,provided the property is still usable as determined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration(GSA)on any item(s)of property listed hereon. (3) In the event the property is not so used or handled as required by(B)(1)and(2),title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COSTOF35,000OR MORE AND PASSENGER MOTOR VEHICLES,REGARDLESS OFACQUISITION COST,EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (I) "rhe property shall be used only for the purpose(s)for which acquired and for no other purpose(s) (2) Therc.shall be a period of restriction which will expire after such property has been used for the purpose(s)for which acquired for a period of 18 months from the date the property is placed in use.except for such items of major equipment,listed hereon,on which the state agency designates a further period of i- restriction.. (3) In the event the property is not soused as required by(C)(1)and(2)and federal restrictions(B)(1)and(2)have expired then title and right to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such personas the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS,RESERVATIONS,AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s)of time the conditions imposed by(B)and(C)above remain in effect.the donee shall not sell,trade,lease,lend,bail,cannibalize,encumber,or otherwise dispose of such property,or remove it permanently,for use outside the state, without the prior approval of GSA under(B)or the state agency under(C).The proceeds from any sale,trade,lease,loan,bailment,encumbrance,or other disposal of the property,when such action is authorized by GSA orby the state agency,shall be remitted promptly by the donee to GSA orthe state agency,as the case may be. (2) In the event any of the property listed hereon is sold,traded,leased,loaned,bailed,cannibalized,encumbered,or otherwise disposed of by the donee from the date it receives the property through the period(s)of time the conditions imposed by(B)and(C)remain in effect,without the prior approval of GSA or the state agency,the donee,ai,the option of GSA or the state agency,shall pay to GSA or the state agency,as the case may be,the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal,as determined by GSA or the state agency. (3) If at any time,from the date it receives the property through the period(s)of time the conditions imposed by(B)and(C)remain in effect,any of the property listed hereon i}no longer suitable,usable,or further needed by the donee for the purposes)for which acquired,the donee shall promptly notify the state agency. and shall,as directed by the state agency,return the properly to the state agency,release the property to another donee or another state agency or department or agency of the United States,sell,or otherwise dispose of the property.The proceeds from any sale shall be remitted promptly by the donee to the state agency. (4) The donee shall make reports to the state agency on the use,condition,and location of the property listed hereon,and on other pertinent matters as may be required from time to time by the state agency. (5) At the option of the state agency,the donee may abrogate the conditions set forth in(C)and the terms,reservations,and restrictions pertinent thereto in(D) by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an"as is,""where is"basis,without warranty of any kind. (2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of ordamage to donated property with unexpired terms,conditions,reservations,or restrictions occurs,the state agency will be entitled to reimbursement from the donee out of the insurance proceeds, of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (E) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS(50 FEET OR MORE IN LENGTH)HAVING;; AN ACQUISITION COST OF$5.000 OR MORE,REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms,conditions, reservations,and restrictions set forth in the Conditional Transfer, Document executed by the authorized donee representative.