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HomeMy WebLinkAbout03-08 CC OrdinanceORDINANCE NO. 03-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING INTEGRATED FINANCING DISTRICT NO. 03-05 (JOHN WARNER ROAD) AND AUTHORIZING THE LEVY OF CONTINGENT ASSESSMENTS THEREIN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN 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 Warner 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 provisions of the California Government Code applicable to integrated financing districts; 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 and the Government Code for integrated financing districts, 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 Integrated Financing District; and (v) a contingent assessment according to special benefits, all of which was done in the form and manner required by the Act, and, where applicable, the Government Code; 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 and the Government Code for the Integrated Financing District, whereupon the Council, pursuant to the requirements of the Act and the Government Code, appointed a time and place for a public meeting and public hearing on the Integrated Financing District at which time and place all protests in relation to the Integrated Financing District were heard; and WHEREAS, notice of the public meeting and public hearing was provided to each owner of property in the Integrated Financing 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 Integrated Financing District were fully heard and considered by the Council, and the Council has acquired jurisdiction to R:/Ords 2003/Ords 03-08 1 order said acquisition and construction of improvements and the confirmation of said diagram and contingent assessment to pay the costs and expenses thereof; and WHEREAS, following the public meeting and public hearing, the City Clerk tabulated ballots in the election regarding the Integrated Financing 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 maximum contingent financial obligation of each property voting) in favor of the Integrated Financing District and the levy of the contingent assessments therein; and WHEREAS, it is in the best interest of the Integrated Financing District for the Council to retain said jurisdiction to acquire and construct said improvements and levy said contingent assessments. NOW, THEREFORE, BE IT ORDAINED 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 Integrated Financing District will receive a special benefit from the improvements identified in the Report; (b) the proportionate special benefit derived by each parcel proposed to be contingently assessed has been determined in relationship to the cost of the acquisition and construction of the Improvements; (c) no contingent 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 contingently assessed; and (e) there are no parcels within the Integrated Financing District which are owned or used by any agency as such term is defined in Article XIIID of the California Constitution, the State of California or the United States. Section 3. That the Integrated Financing District benefited by said acquisition and construction of improvements and to be contingently 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 Integrated Financing 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 contingent 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. R:/Ords 2003/Ords 03-08 2 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. Section 7. That the diagram showing the Integrated Financing 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 contingently assessed to pay the costs and expenses of said acquisition and construction of improvements. Section 8. That the contingent assessments upon the several subdivisions of land in the Integrated Financing District in proportion to the estimated special benefits to be received by said subdivisions, respectively, from the 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 contingent assessments to pay the costs and expenses of said acquisition and construction of improvements, said contingent assessments to be due and payable in a lump sum at the time of approval by the City Council of tentative subdivision map, vesting tentative subdivision map or final subdivision map (whichever may first occur) for a respective parcel in the integrated Financing District. 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 contingent 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 contingent 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 contingent assessment roll herein. The City Clerk also shall execute and record a Notice of Contingent Assessment in the office of the Public Works Director Section tl. Upon confirmation of the contingent assessments and recordation of the contingent assessment roll and diagram with the Public Works Director, a certified copy of the contingent assessment diagram shall be immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of contingent assessment shall be recorded in the Office of the County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the state of California. Upon recordation of the notice of contingent assessment, such contingent assessment shall constitute a lien upon the real property against which the notice is recorded and such line shall continue until the contingent assessment and all penalties, if any, are fully paid or the property is sold to satisfy the lien. The contingent assessment lien shall have the same force, effect, priority, and duration as would a delinquent lien under the Act, and the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code of the State of California (commencing with Section 8500). R:/Ords 2003/Ords 03-08 3 Section 12. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Section 13. 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 14. This Ordinance shall take effect from and after the date of its passage and adoption. Section 15. The City Clerk shall cartity to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 26th day of August, 2003. ATTEST: Michaela A. Ballreich D.eputy City Clerk [SEAL] ~~ ~?eyE. StOt~e, Mayor 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 the foregoing Ordinance No. 03-08 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Temecula on the 12th day of August, 2003 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 26th day of August, 2003, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 0 COUNCILMEMSERS: None Michaela~A. ~'allreich Deputy City Clerk R:/Ords 2003/Orals 03-08 4