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HomeMy WebLinkAbout03-102 CC ResolutionRESOLUTION NO. 03-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENTS AND ORDERING THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS - ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, on June 24, 2003 the City Council (the "Council") of the City of Temecula (the "City") adopted a resolution of intention {the "Resolution of Intention"), to acquire and construct improvements in connection with the proposed City of Temecula Assessment District No. 03-04 (John Warner Road) (the "Assessment District"), and the related City of Temecula Integrated Financing District No. 03-05 (John Wamer Road) (the "Integrated Financing District"), and referred the proposed acquisition and construction of improvements to the Engineer of Work for the Assessment District; and WHEREAS, the Council thereby directed the Engineer of Work to make and file with the City Clerk a report (the "Report") in writing in accordance with and pursuant to the Municipal Improvement Act of 1913 (the "Act"); and WHEREAS, the Report was duly made and filed with the City Clerk, whereupon said City Clerk presented it to the Council for consideration; and WHEREAS, on June 24, 2003 the Council thereupon duly considered said Report and each and every part thereof and found that it contained all the matters and things called for by the provisions of the Act, including (i) maps and descriptions of lands and easements to be acquired; (ii) plans and specifications of the proposed improvements; (iii) itemized and total costs of said improvements; (iv) a diagram of the Assessment District; and (v) an assessment according to special benefits, all of which was done in the form and manner required by the Act; and WHEREAS, the Council found that the Report and each and every part thereof was sufficient in every particular and determined that it should stand as the Report for all subsequent proceedings under the Act related to the Assessment District, whereupon the Council, pursuant to the requirements of the Act and the California Government Code, appointed a time and place for a public meeting and public hearing on the Assessment District at which time and place all protests in relation to the Assessment District were heard; and WHEREAS, notice of the public meeting and public hearing was provided to each owner of property in the Assessment District, and said public meeting and public hearing were duly and regularly held at the appointed time and place; and WHEREAS, all persons desiring to be heard at the public hearing were given an opportunity to be heard, and all matters and things pertaining to the Assessment District were fully heard and considered by the Council, and the Council has acquired jurisdiction to order said acquisition and construction of improvements and the confirmation of said diagram and assessment to pay the costs and expenses thereof; and R:/Resos 2003/Resos 03-102 1 WHEREAS, following the public meeting and public hearing, the City Clerk tabulated ballots in the election regarding the Assessment District, and this Council adopted a resolution overruling any protests and declaring the results of the election to be more than a majority of the ballots case in the election (weighted according to the proposed financial obligation of each property voting) in favor of the Assessment District and the levy of the assessments therein; and WHEREAS, it is in the best interest of the Assessment District for the Council to retain said jurisdiction to acquire and construct said improvements and levy said assessments and issue bonds secured by said assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the foregoing recitals are true and correct. Section 2. Based upon the Report and the testimony and other evidence received at the public meeting and hearing, it is hereby determined that: (a) all properties within the boundaries of the Assessment District receive a special benefit from the improvements identified in the Report; (b) the proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the cost of acquisition and construction of the improvements; (c) no assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel from the improvements; (d) only special benefits have been assessed; and (e) there are no parcels within the Assessment District which are owned or used by any agency as such term is defined in Article XllID of the California Constitution, the State of California or the United States. Section3. That the Assessment District benefited by said acquisition and construction of improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particularly described in said Resolution of Intention and made a part hereof by reference thereto. That all public streets and highways within said Assessment District in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special assessments to be hereafter levied and collected to cover the costs and expenses of said acquisition and construction of improvements. Section 4. That the plans and specifications for the proposed acquisition and construction of improvements contained in said Report, be, and they are hereby, finally adopted and approved as the plans and specifications to which said work shall be done as called for in said Resolution of Intention. Section 5. That the Engineer of Work's estimate of the itemized and total costs and expenses in connection therewith, contained in said Report, be, and it is hereby, finally adopted and approved as the Engineer of Work's total and detailed estimate of the costs and expenses of said acquisition and construction of improvements. Section 6. That the public interest and convenience require and the Council does hereby order the acquisition and construction of improvements to be made as described in and in accordance with said Resolution of Intention on file in the office of the City Clerk, reference to which is hereby made for a more particular description of said acquisition and construction of improvements, and also for further particulars pursuant to the provisions of said Act. R:/Resos 2003/Resos 03-102 2 Section 7. That the diagram showing the Assessment District referred to and described in said Resolution of Intention, and the boundaries and dimensions of the respective subdivisions having been given a separate number upon said diagram, as contained in the Report, be, and hereby are finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisition and construction of improvements. Section 8. That the assessment of the total amount of the costs and expenses of the proposed acquisition and construction of improvements upon the several subdivisions of land in the Assessment District in proportion to the estimated special benefits to be received by said subdivisions, respectively, from said acquisition and construction of improvements, and of the expenses incidental thereto, contained in the Report, be, and the same hereby are finally approved, confirmed and are hereby levied as the assessments to pay the costs and expenses of said acquisition and construction of improvements. In addition, an annual assessment to pay for administrative costs in an amount not to exceed the maximum amount described in the Report is hereby levied, as more particularly set forth in the Report. Section 9. as a whole. That the Report be, and the same hereby is finally adopted and approved Section 10. That the City Clerk shall forthwith deliver to the Public Works Director, in his capacity as Superintendent of Streets for the City, the assessment (in the form of the final Report), together with said diagram thereto attached and made a part thereof, as confirmed by this Council with the Clerk's certificate of such confirmation thereto attached and of the date thereof; and that said Public Works Director shall record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate for the date of such recording, and such recordation shall be and constitute the assessment roll herein. The City Clerk shall also record a certified copy of the assessment diagram in the Office of the County Recorder. Section 11. The City Clerk shall execute and record a Notice of Assessment in the office of the Public Works Director and the County Recorder of the County of Riverside, such notice to be in substantially the form of Exhibit A attached to this resolution. From the date of such recording with the Public Works Director and with the County of Riverside, all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of ten (10) years from the date of such recordation, or in the event bonds are issued to represent said assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon said bonds. Section 12. Upon recordation of the diagram and assessment, a notice shall be mailed to each owner of real property within the Assessment District at his last known address, as such address appears on the last equalized tax rolls of the County, such notice to set forth a statement containing a designation of the property assessed, as well as the amount of the final confirmed assessment, and further indicating that bonds will be issued pursuant to the "Improvement Bond Act of 1915." Section 13. Notice shall also be given by publication in a newspaper of general circulation, such notice setting forth the amount of the final assessment and indicating that such assessment is now due and payable, and further indicating that if such assessment is not paid R:/Resos 2003/Resos 03-102 3 within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by law. Section 14. The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into his assessment roll on which property taxes will next become due, opposite each lot or parcel of land affected, in a space marked "public improvement assessment" or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that such entry then shall be made each year during the life of the bonds for the proceedings for the above-referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best interests for bondholders of the Assessment District, this Council may, by Resolution, designate an official other than the County Tax Collector and/or other agent, to collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax collection procedure. In accordance with the provisions of Section 8685 of the Streets and Highways Code, if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as "unknown owners", and extend the proper installment opposite the same. Section 15. The County Auditor shall, within 90 days after any special assessment installment becomes delinquent, render and submit a detailed report showing the amounts of the installments, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for such delinquency, and further set forth a statement of percentages retained for the expenses of making such collections. This request is specifically made pursuant to the authorization of Section 8683 of the Streets and Highways Code of the State of California. Section 16. The appropriate officer or officers of the City are hereby authorized to pay any and all fees required by law in connection with the above. Section 17. This Resolution shall take effect from and after the date of its passage and adoption. Section 18. For the purposes of the City of Temecula Assessment District No. 03-04 (John Warner Road) and City of Temecula Integrated Financing District No. 03-05 (John Warner Road), the City Council hereby confirms that the Director of Public Works of the City of Temecula serves as the Superintendent of Streets and Engineer of the Work for these Districts. R:/Resos 2003/Resos 03-102 4 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of August, 2003. ATTEST: ~___~D~__~ Jeffrey E. Stone, Mayor Michaela A. Ballreich ..,,,r- ~.Deputy City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Michaela A. Ballreich, Deputy City Clerk of the City of Temecula, do hereby certify that Resolution No. 03-102 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12~ day of August, 2003, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNClLMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Michae[a/A. Ballreich Deputy City Clerk R:/Resos 2003/Resos 03-102 5 EXHIBIT A NOTICE OF ASSESSMENT CITY OF TEMECULA ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) Pursuant to the requirement of Section 3114 of the California Streets and Highways Code, the undersigned City Clerk of the City of Temecula, County of Riverside, State of California (hereinafter, the "City"), hereby gives notice that an assessment diagram and assessment were recorded in the Office of the Public Works Director of the City as provided for in Section 3114 of the California Streets and Highways Code, and relating to the property more particularly described on that certain assessment diagram filed in accordance with Section 3114 of the California Streets and Highways Code, in Book __ of Maps of Assessment and Community Facilities Districts at Page __ in the Office of the County Recorder of the County of Riverside. Notice is further given that upon the recording of this Notice of Assessment in the Office of the County Recorder of Riverside County, the several assessments assessed on the lots, pieces, and parcels shown on the filed assessment diagram shall become a lien upon the lots or portions of lots assessed, respectively. In addition to the several assessments assessed on the lots, pieces and parcels shown on the filed assessment diagram, each lot, piece or parcel as shown on the filed assessment diagram which have unpaid assessments shall be additionally assessed annually (i) the amount of $ (or such higher amount as may be permitted if Section 8682 of the California Streets and Highways Code is amended to permit a higher amount) to cover certain administrative and collection charges as authorized by the Improvement Bond Act of 1915, and (ii) an amount specified in the assessment proceedings to pay costs of the City with respect to the registration of bonds and compliance with federal arbitrage laws, as permitted under Section 8682.1 of the California Streets and Highways Code. Reference is made to the assessment diagram and assessment roll for this assessment district recorded in the Office of the Public Works Director of the City, in his capacity as Superintendent of Streets of the City. Dated: ,2003 By: Susan W. Jones, CMC City Clerk, City of Temecula, County of Riverside, State of California R:/Resos 2003/Resos 03-102 6