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HomeMy WebLinkAbout95-104 CC ResolutionRESOLUTION NO. 95-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PRELIMINARILY APPROVING ENGINEER'S REPORT AND DIRECTING ACTIONS WITH RESPECT THERETO THE CITY COUNCIL (the "COUNCIL") OF THE CITY OF TEMECULA (the "CITY"), COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Resolution of Intention. On December 12, 1995, this Council adopted its Resolution of Intention to Make Acquisitions and Improvements, (the "Resolution of Intention") under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California, (the "Act") to initiate proceedings under the Act in and for the City's Western Bypass Assessment District No. 95-1 (the "Assessment District"). Section 2. Engineer's Report. The Resolution of Intention referred the acquisitions and improvements described therein to the person designated therein as the Engineer of Work and directed the Engineer of Work to prepare and file with the City Clerk a report (the "Engineer's Report") pursuant to the Act and containing information set forth in the Resolution of Intention, to which reference is hereby made for further particulars. Section 3. Engineer's Report Preliminarily Approved. The Engineer of Work has prepared and filed the Engineer's Report with the City Clerk, and this Council with the aid of City staff has reviewed the Engineer's Report, and hereby finds it to be sufficient for, and that it shall stand for purposes of subsequent proceedings for the Assessment District and the Engineer's Report is hereby preliminarily approved. Section 4. Meeting and Hearing Ordered. Pursuant to the Act, this Council hereby orders that a public meeting and a public hearing shall be held before this Council, in the regular meeting place thereof, Community Recreation Center 30875 Rancho Vista Road, Temecula, California. The public meeting shall be held on January 23, 1996, at the hour of 7:00 o'clock p.m. for the purpose of allowing public testimony regarding the proposed assessments for the Assessment District. The public hearing shall be held on January 31, 1996, at the hour of 7:00 o'clock p.m. for the purposes of this Council's determination whether the public interest, convenience and necessity require the acquisitions and improvements and this Council's final action upon the Engineer's Report and the assessments therein. Section 5. Notice. The City Clerk is hereby authorized and directed to cause notice of the meeting and the hearing ordered under Section 4 hereof to be given by mailing, postage Resos\95-104 1 prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the City and the return address of the City Clerk as the sender. The mailed notice shall be given to all property owners within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Riverside or the State Board of Equalization assessment roll, as the case may be. The notice shall include, but not be limited to, the estimated amount of assessment per parcel, a general description of the purpose or improvements that the assessment will fund and the address to which property owners may mail a protest against the assessment. The notice shall contain a statement of the total principal amount of unpaid assessments already levied against all the property in the Assessment District as computed in the Engineer's Report. The notice herein provided shall be mailed not less than forty-five (45) days before the date of the public heating ordered under Section 4 hereof. Section 6. Boundary Map. The proposed boundaries of the proposed Assessment District are hereby described as shown on a map thereof on file in the office of the City Clerk (the "Boundary Map"), which indicates by a boundary line the extent of the territory to be included in the proposed Assessment District and which Boundary Map shall govern for all details for further purposes of the proceedings for the Assessment District and to which reference is hereby made for further particulars. The City Clerk is hereby authorized and directed to endorse upon the original and at least one copy of the Boundary Map the date of the filing thereof and date and adoption of this resolution and to cause a copy of the Boundary Map to be filed with the County Recorder of the County of Riverside, in which all of the proposed Assessment District is located, within fifteen (15) days of the adoption of this resolution, but in no event later than fifteen (15) days before the date of the public hearing ordered under Section 4 hereof. The County Recorder shall endorse upon the Boundary Map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts which the County Recorder shall keep in his or her office. The County Recorder shall index the Boundary Map by the name of the City and by the distinctive designation of the proposed Assessment District. Resos\95-104 2 PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of December, 1995. ATTEST: E. Stone, Mayor J/nu~) Greek, CMC--~--j City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 95-104 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of December, 1995, by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ~June Si Greel¢, CMC City Clerk Resos\95-104 3