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HomeMy WebLinkAbout96-010 CC Resolution RESOLUTION NO. 96-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT, ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT THERETO FOR THE WESTERN BYPASS ASSESSMENT DISTRICT 95-1 THE CITY COUNCIL (the "COUNCIL") OF THE CITY OF TEALECULA (the "CITY"), COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, on December 12, 1995, this Council adopted Resolution No. 95-103, A Resolution of Intention to Make Acquisitions and Improvements, and in it directed the Engineer of Work to make and file a report in writing in accordance with and pursuant to the Municipal Improvement Act of 1913 (the "Act") in and for the City's proposed Western Bypass Assessment District No. 95-1 (the "Assessment District"); WHEREAS, the report was made and filed, and considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the Resolution of Intention, and January 23, 1996, at the hour of 7: 00 o'clock p.m., and January 31, 1996, at the hour of 7:00 o'clock p.m., in the meeting place of this Council, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, were appointed, respectively, as the time and place for a public meeting and a public hearing to take testimony and for hearing protests in relation to the proposed acquisitions and improvements and final action upon the Engineer's Report, notices of which meeting and hearing were mailed as required by law; and WHEREAS, the meeting and hearing were held, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the acquisitions and improvements were fully heard and considered by this Council, and any protests, both written and oral, were duly heard, considered, and this Council thereby acquired jurisdiction to order the acquisitions and improvements and the confirmation of the diagram and assessment to pay the costs and expenses thereof; NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: Section 1. No Majority Protest: Protests Overruled. The owners of one-half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for the hearing, file written protests against the proposed acquisitions and improvements or the grades at which the work is proposed to be done, as a whole or as to any part thereof, or against the @\96-10 assessment district or the extent thereof to be assessed for the costs and expenses of the acquisitions and improvements, as a whole or as to any part thereof, or against the engineer's estimate of costs and expenses, in whole or in part, or against the maps and descriptions, in whole or in part, or against the diagram or the assessment to pay for the costs and expenses thereof, in whole or in part. The protests, written and oral, are hereby overruled. Section 2. Public Interest. The public interest, convenience and necessity require that the acquisitions and improvements be made and that the Assessment District be created. Section 3. Assessment District Described. The Assessment District benefited by the acquisitions and improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. Section 4. Engineer's Report Approved. The Engineer's Report, in the form on file in the office of the City Clerk and to which reference is hereby made for further particulars, including the estimates of costs and expenses, the apportionment of assessments and the assessment diagram contained in the Engineer's Report, is hereby approved and confirmed and shall stand as the Engineer's Report for these and all future proceedings for the Assessment District. Final approval of the Engineer's Report is intended to and shall refer and apply to the Engineer's Report, or any portion thereof, as amended, modified, revised or coffected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. This Council hereby specifically finds that, under Part 7.5 of Division 4 of the California Streets and Highways Code, the principal sum of all existing, unpaid assessments levied against the parcels to be assessed in the Assessment District, plus the principal amount of the assessment proposed to be levied in the instant proceedings do not exceed one-half of the true total value of the parcels proposed to be assessed in the Assessment District, as computed as set forth in the Engineer's Report. Section 5. Benefits Determined. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the public hearing, this Council expressly finds and determines (a) that each of the several subdivisions of land in the Assessment District will be specially benefited by the acquisitions and improvements at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the finding and determination as to special benefits. Section 6. Iml2rovements Ordered, Assessment District Formed and Assessments Confirmed. This Council hereby orders that the acquisitions and improvements described in the Resolution of Intention be made, the Assessment District be formed and that the assessment to pay the costs and expenses thereof be confirmed and are hereby levied. For further particulars pursuant to the provisions of the Act, reference is hereby made to the Resolution of Intention and the Engineer's Report. @k96-10 2 Section 7. Recordiniz Ordered. The City Clerk shall forthwith: (a) deliver to the official of the City who is the Superintendent of Streets under the Act the assessment as contained in the Engineer's Report together with the assessment diagram, as approved and confirmed by this Council, with a certificate of such confirmation and of the date thereof, executed by the City Clerk, attached thereto. The Superintendent of Streets shall record the assessment and diagram in a suitable book to be kept for that purpose, and append thereto a certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. (b) cause a copy of the assessment diagram and a notice of assessment, substantially the form provided in Section 3114 of Streets and Highways Code of California, executed by the City Clerk, to be filed and recorded, respectively, in the office of the County Recorder of the County. From the date of recording of the notice of assessment, 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 the recordation, or in the event bonds are issued to represent the assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon the bonds or of the last installment of principal of the bonds. The appropriate officer or officers of the City are hereby authorized to take all actions and to pay any and all fees required by law in connection with the above. Section 8. Notice of Cash Payment. The Finance Director of the City is appointed Collection Officer for the assessments and the person to whom payment of the assessments shall be made, and that the office of the Collection Officer, at the offices of the City, 43174 Business Park Drive, Temecula, California, 92590, is designated as the place at which any payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility for collecting assessments. The Collection Officer , upon the recording of the assessment and diagram, and at the direction of the City Manager of the City, shall cause notices to pay assessments to be mailed and published under Section 10404 of the Act, which notice shall state that bonds will be issued under the Improvement Bond Act of 1915 to represent any unpaid assessments. The mailed notice shall be mailed to each owner of real property within the assessment district at his or her last known address as the same appears on the tax rolls of the County, or on file in the office of or as known to the City Clerk, or to both addresses if the address is not the same, or to general delivery when no address so appears; and the published notice shall be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in a newspaper published and circulated in the City. Section 9. Effective Date. This resolution shall be effective upon the date of its adoption. R@\96-10 3 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 31st day of January, 1996. Lindemans, Mayor ATTEST.- Jun@.@reek, Cl\ City Clerk [SEAL] @\96-10 STATE OF CALIFORNIA) COUNTY OF RIVERS]IDE) ss CITY OF TEMEECULA ) 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96-10 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 31st day of January, 1996, by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone June S. Greek,-CMC City Clerk @N96-10