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HomeMy WebLinkAbout03-077 CC ResolutionRESOLUTION NO. 03-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT, DESCRIBING BOUNDARIES OF PROPOSED ASSESSMENT DISTRICT AND INTEGRATED FINANCING DISTRICT AND CALLING FOR PUBLIC MEETING AND HEARING, AND ELECTION - ASSESSMENT DISTRICT NO. 03- 04 (JOHN WARNER ROAD) AND INTEGRATED FINANCING DISTRICT NO. 03-05 (JOHN WARNER ROAD) WHEREAS, the City Council (the "Council") of the City of Temecula (the "City") has on this date adopted a resolution of intention (the "Resolution of Intention") to acquire and construct improvements in the City (hereinafter, the "Improvements") in accordance with proceedings for the City of Temecula Assessment District No. 03-04 (John Warner Road) (the "Assessment District") and the related City of Temeoula Integrated Financing District No. 03-05 (John Warner Road) (the "integrated Financing District"), and did refer the proposed Improvements to the Director of Public Works of the City, as the Engineer of Work for the Assessment District, and did therein direct said Engineer of Work to cause to be made and filed with the City Clerk a report in writing (hereinafter, the "Report") all as therein more particularly described, under and pursuant to the Municipal Improvement Act of 1913, as amended (the "Act") and the Integrated Financing District Act, as amended (the "IFD Act"); and WHEREAS, the Engineer of Work has caused to be made and filed with the City Clerk the Report as called for in the Resolution of Intention and under and pursuant to the Act and the IFD Act, which Report has been presented to this Council for consideration; and WHEREAS, this Council has duly considered the Report and each and every part thereof, and finds that each and every part of the Report is sufficient, and that the Report should not be modified in any respect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the general description of the proposed Improvements contained in the Report be, and hereby is preliminarily approved and confirmed. Section 2. That the general description of works or appliances already installed and any other property necessary or convenient for the operation of the Improvements, if the work, appliance, or property is to be acquired as part of the Improvements, as contained in the Report be, and hereby is preliminarily approved and confirmed. Section 3. That the estimate of the costs of the Improvements and incidental expenses in connection with the Improvements ordered, as contained in the Report be, and hereby is preliminarily approved and confirmed. Section 4. That the total cost of the Improvements, as contained in the Report be, and hereby is preliminarily approved and confirmed. R:/Resos 2003/Resos 03-77 I Section 5. That the diagram showing the Assessment Distdct and the boundaries and dimensions of the subdivisions of land within the Assessment Distdct as they existed at the time of the passage of the Resolution of Intention, as contained in the Report be, and hereby is preliminarily approved and confirmed. Section 6. That the proposed assessment of the cost and expense of the proposed Improvements upon each subdivision of real property in the Assessment District in proportion to the estimated special benefits to be received by those subdivisions, respectively, from the Improvements, as contained in the Report be, and hereby is preliminarily approved and confirmed. Section 7. That the proposed maximum annual assessment upon each of the several subdivisions of land in the Assessment District to pay costs incurred by the City and not otherwise reimbursed which result from the administration of any bonds and reserve or other related funds, as contained in the Report be, and hereby is preliminarily approved and confirmed. Section 8. That the proposed Improvements and the costs thereof with regard to the Integrated Financing District shall be the same as for the Assessment District as described in Sections 1-4 above, and the boundaries of the Integrated Financing District shall be as described in Section 24 of the Resolution of Intention and as identified on the diagram referred to in Section 5 above. Section 9. That the proposed maximum contingent assessment upon each of the several subdivisions of land in the Integrated Financing District and the contingencies under which the levies will be made, as contained in the Report be, and hereby is preliminarily approved and confirmed. Section 10. That the Report shall stand as the Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. Section 11. The proposed boundaries of the Assessment District containing the property proposed to be assessed in these proceedings, are hereby described as shown on a map of said Assessment District on file in the office of the City Clerk entitled "Proposed Boundaries of Assessment District No. 03-04 (John Warner Road), City of Temecula, Riverside County, California," which indicates by a boundary line the extent of the territory included in the proposed Assessment District and which shall govern for all details as to the extent of such Assessment District, reference to such map being hereby made for particulars. Said map is hereby approved. Section 12. The proposed boundaries of the Integrated Financing District containing the property proposed to be subject to contingent assessments in the proceedings, are as identified by Assessment Numbers on the map described in Section 11 above, and which shall govern for all details as to the extent of such Integrated Financing District, reference to such map being hereby made for particulars. On the original and at least one copy of said map the City Clerk is hereby directed to endorse her certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of the map in her office immediately following adoption of this Resolution and shall file the copy of such map with the County Recorder of the County of Riverside. The appropriate R:/Resos 2003/Resos 03-77 2 officer or officers of the City are hereby authorized to pay any and all fees required by law in connection with the foregoing, Section 13. A public meeting and public hearing on the proposed Assessment District shall be held by this City Council in the City Council Chambers on August 12, 2003. A public meeting and public hearing on the proposed Integrated Financing District shall be combined with the public meeting and public hearing on the proposed Assessment District. The City Clerk is hereby directed to provide notice of the public meeting and public hearing as required by applicable law. Section 14. An election shall be held of the landowners within the proposed Assessment District as required by Article XIII D of the California Constitution, with the ballots tabulated by the City Clerk at the conclusion of the public hearing referred to in Section 13 above as required by Section 53753 of the California Government Code. The ballot shall be in the form of Exhibit A hereto, and the City Clerk is hereby directed to cause a ballot in such form to be delivered to the owners of all of the property in the proposed Assessment District. Ballots must be received by the City Clerk at the address indicated on the ballot at or before the time set for the close of the public hearing, and any ballots received after the close of the public hearing will not be tabulated even through the postmark on the envelope transmitting the ballot is dated on or before the date of the public hearing. Ballots of those voting shall be weighted according to the proportional financial obligation of the affected property. Section 15. An election shall be held of the landowners within the proposed Integrated Financing District as required by Article XIID of the California Constitution, with the ballots tabulated by the City Clerk at the conclusion of the public hearing referred to in Section 13 above as required by Section 53753 of the California Government Code. The Ballot shall be in the form of Exhibit S hereto, and the City Clerk is hereby directed to cause a ballot in such form to be delivered to the owners of all of the property in the proposed Integrated Financing District. Ballots must be received by the City Clerk at the address indicated on the ballot at or before the time set for the close of the public hearing, and any ballots received after the close of the public hearing will not be tabulated even through the postmark on the envelope transmitting the ballot is dated on or before the date of the public hearing. Ballots of those voting shall be weighted according to the proportional maximum contingent financial obligation of the affected property. Section 16. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a meeting held on the 24th day of June, 2003. ~AT-I'EST: / ' .,Susa W on.s, CMC / [SEAL] Jeffrey E. ~tone, Mayor R:/Resos 2003/Resos 03-77 3 STATE OF CALIFORNIA ) COUNTYOF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 03-77 was duly adopted at a special meeting of the City Council of the City of Temecula on the 24th day of June, 2003, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 0 COUNCILMEMBERS: None R:/Resos 2003/Resos 03-77 4 EXHIBIT A FORM OF ASSESSMENT BALLOT CITY OF TEMECULA JOHN WARNER ROAD ASSESSMENT DISTRICT This assessment ballot is for the use of the property owner of the property identified below by its Riverside County Assessor's Parcel Number within the John Warner Road Assessment District, City of Temecula, County of Riverside, California. In order to be counted, this ballot must be signed by the owner or owners whose name(s).and address appear on the last equalized secured property tax assessment roll or is otherwise the fee title owner of such land, or, if the owner is not an individual, by an authorized representative of the owner. In the case of any public entity, the State of California or the United States, this ballot must be signed by the representative of that public entity. This ballot must be returned either by mail or in person, at the public meeting and hearing scheduled for 7:00 p.m. on August 12, 2003, at the following address: City of Temecula City Council Chambers 43200 Business Park Drive Temecula, California 92590 Attention: City Clerk Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. Ballots will be tabulated after completion of the public meeting and hearing on the proposed assessment district. Ballots will be weighted according to the respective amounts of the individual assessments. If the amount of the assessments represented by "NO" votes is greater than the amount of the assessments represented by "YES" votes, the assessments will not be levied. Owner's Name: Assessment Parcel Diagram Nos.: County Assessor's Parcel Nos.: MARK WITH AN "X" OR OTHER MARK. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Temecula establish the proposed assessment district and levy special assessments in the amounts (or less) and for the purposes stated in the Engineer's Report for the John Warner Road Assessment District, City of Temecula, County of Riverside, California. YES NO. Dated: ,2003 [insert landowner name] By: Title: R:/Resos 2003/Resos 03-77 5 EXHIBIT B FORM OF INTEGRATED FINANCING DISTRICT BALLOT CITY OF TEMECULA JOHN WARNER ROAD INTEGRATED FINANCING DISTRICT This integrated financing district ballot is for the use of the property owner of the property identified below by its Riverside County Assessor's Parcel Number within the John Warner Road Integrated Financing District, City of Temecula, County of Riverside, California. In order to be counted, this ballot must be signed by the owner or owners whose name(s) and address appear on the last equalized secured property tax assessment roll or is otherwise the fee title owner of such land, or, if the owner is not an individual, by an authorized representative of the owner. In the case of any public entity, the State of California or the United States, this ballot must be signed by the representative of that public entity. This ballot must be returned either by mail or in person, at the public meeting and hearing scheduled for 7:00 p.m. on August 12, 2003, at the following address: City of Temecula City Council Chambers 43200 Business Park Drive Temecula, California 92590 Attention: City Clerk Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. Ballots will be tabulated after completion of the public meeting and hearing on the proposed integrated financing district. Ballots will be weighted according to the respective amounts of the individual maximum contingent assessments that may be levied in the integrated financing district. If the amount of the contingent assessments represented by "NO" votes is greater than the amount of the maximum contingent assessments represented by "YES" votes, the contingent assessments will not be authorized to be levied. Owner's Name: Assessment Parcel Diagram Nos.; County Assessor's Parcel Nos.: MARK WITH AN "X" OR OTHER MARK. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Temecula establish the proposed integrated financing district and levy contingent special assessments in the amounts (or less) and for the purposes stated in the Engineer's Report for the John Warner Road Integrated Financing District, City of Temecula, County of Riverside, California. YES NO Dated: Title: ,2003 [insert landowner name] By: R:/Resos 2003/Resos 03-77 6