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Home My WebLink AboutCC Reso No 1989-38RESOLUTION NO. 89-3$ RESOLIITION OF THE CITY COUNCIL OF TFIE CITY OF LARE ELSINORE, RIVERSIDE COUNTY, rar.rFORNIA, CONFIRMING THE ASSESSMENT, ORDER- ING TFIE IMPROVEMENTS TO BE ACQUIRED, AND APPROVING Tf~ ENGINEER'S REPORT (ASSESSMENT DISTRICT NO. 89-1) WHEE~EAS, the City Council has heretofore adopted its Resolution of Intention, pursuant to the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code, for the acquisition of certain work and improvements generally described as follows: Acquisition of Summerhill Bridge; street, storm drain and sanitary sewer improvements; relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. (the "Improvements"); and WHEREAS, the lands to be specially assessed for the Improvements shall be included within an assessment district designated as ASSESSMENT DISTRICT NO. 89-1 (the "Assessment District"); and WHEREAS, a public hearing has been noticed and held in the time and manner required by law, on all matters relating to the Assessment District; and WHEREAS, pursuant to the Resolution of Intention, the Report of the Engineer of Work (the "Enginner's Report") was presented, considered and preliminarily approved; and WHEREAS, the Report contained all the matters required, pursuant to the Municipal Improvement Act of 1913; and WHEREAS, notice of the public hearing was posted, mailed and published in the time, form and manner required by law and evidenced by affidavits or certificates on file with the transcript of these proceedings; and WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the Improvements did not file written protests- and, after conclusion of the hearing, the City Council overruled and denied all protests; and WHEREAS, the City Council is now satisfied with the assessment and all matters contained in the Engineer's Report as amended: NOW, THEREFORE, the City Council of the City of Lake Elsinore, does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Confirmation. The Engineer's Report, consisting of the assessment and diagram for the Improvements, is hereby confirmed. SECTION 3. Orderina of Improvements. The public interest and convenience require the Improvements to be acquired as set forth in the Resolution of Intention and the Engineer's Report. SECTION 4. Levv of Assessment. The assessment contained in the Engineer's Report is hereby levied upon the respective subdivisions of land in the Assessment District as set forth in the Engineer's Report. SECTION 5. Annual Assessment for Administrative Costs. The maximum annual assessment to pay for administrative costs shall be $10,000 SECTION 6. Recordation with Superintendent of Streets. The Engineer of Work shall deliver the diagram and assessment to __ the Superintendent of Streets, together with the diagram attached thereto and made a part thereof with his certificate of confirmation attached and the date thereof. The -- Superintendent of Streets shall then record the diagram and assessment in his office in a suitable book to be kept for that purpose, with his certificate attached and the date of recording. SECTION 7. Waiver of Notice. Unless notice has been waived, in writing, the owners of 100~ of the assessable land within the Assessment District and such waiver has been acknowledged by motion or resolution of the City Council, the Superintendent of streets shall provide notice as prescribed hereinafter. SECTION 8. Mailed Notice. Upon recordation of the diagram and assessment, the Superintendent of Streets shall mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax rolls of the County or on file in the office of the City Clerk, or to both addresses if the address is not the same, or to General Delivery when no address so appears, a Notice of Recordation of Assessment containing: (a) A designation by street number or other description of ___ the property assessed sufficient to enable the owner to identify the same; -. (b) The amount of the assessment; (c) The date of recordation of the assessment; (d) The time and place of payment of the assessment and the effect of failure to pay within such time; and (e) A statement of the fact that bonds will be issued representing unpaid assessments pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Aighways Code. SECTION 9. Published Notice. Upon recordation of the diagram and assessment, the Superintendent of Streets shall publish a Notice of Recordation of Assessment specifying: (a) That the assessment has been recorded in the office of the Superintendent of Streets, pursuant to Section 10402 of the Streets and Highways Code, and all sums assessed therein are due and payable immediately; (b) That payment of all sums assessed shall be made to the Treasurer of the District within thirty (30) days after the date of recordation which date shall be so stated in the notice; and (c) That bonds will be issued representing all assessments remaining unpaid within the thirty (30) day period, pursuant to the Improvement Bond Act of 1915, being Division 10 of the Streets and Hiqhways Code and the effect of the failure to pay the assessments within the thirty (30) day period. 2. SECTION 10. Recordation with the Countv. Upon recordation of the diagram and assessment, a certified copy of the diagram shall be filed in the office of the County Recorder. Thereafter, a copy of the notice of assessment shall be recorded in the office of the County Recorder pursuant to Section 3114 of the Streets and Highways Code. SECTZON 11. Pavments to Improvement Fund. The Treasurer _ shall daposit all payments received upon the assessment into the Improvement Fund heretofore established by the Resolution of Intention. SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute entry of the passage and adoption thereof in the record of the proceedings of the City Council and in the minutes of the meeting at which the same is passed and adopted. SECTION 13. Effective Date. This resolution shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this 22nd day of Augi,st , 1989. AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, 4!INKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ ~ Jim Winkler, Mayor City of Lake Elsinore 3. A'STES i• h ~~~~~ ~ Vicki :~yxi e as~d, Ci y Clerk City of L k~ Elsinore i' AP~AS O FORM & LEGALITY: John R. Harper, i°y rney 4. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the 22nd day of August, 1989, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ` ABSENT: COUNCILMEMBERS: NONE pH~~AIN: COUNCILMEMBERS: NONE ' ~ S ~, CIT CLERK rITY OF E ELSINORE (SEALj STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad; City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 89-38 of said Council, and that the same has not been amended or repealed. DATED: August 23, 1989 VIC~ LYNN AD, CIT CLERK CITY OF LA ELSINORE (SEAL)