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HomeMy WebLinkAboutCC Reso No 1990-036RESOLUTION NO. 90-36 A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA~ CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE~ TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT" WHEREAS, the CITY COUNCZL of the CITY OF LARE ELSINORE, CALIFORNIA, has previously adopted its Resolution of Intention and initiated proceedinga for the construction of certain public worke of improvement, together with appurtenances and appurtenant work, including acquisition where appropriate, in a epecial asaessment diatrict purauant to the terms and provisions of the "MUnicipal improvement Act of 1913", being Division 12 of the Streets and Highwaye Code of the State of California, said special assesament diatrict known and designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assesament District"); and, WHEREAS, pureuant to the provieions of eaid "Municipal Improvement Act of 1913" and Part 7.5 of Diviaion 4 of the Streets and Highways Code, the "Special Assessment, Limitation and Majority Protest Act of 1931", a combined "Report" (hereinafter referred to as the "Report"), as authorized, has been provided, preeented, considered and approved by this leqislative body; and, WHEREAS, said "Report", as preliminarily approved, contained all the matters and items called for by law and as pursuant to the proviaions of the "MUnicipal Improvement Act of 1913" and Section 2961 of said Streeta and Highways Code of the State of California, including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of coat; 3. Diagram of Assessment Dietrict; 4. An asseesment according tc bene£its; 5. A description of the works of improvement; 6. Valuation information; and, WHEREAS, all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and, wHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affidavits 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 project did not file written protests against the said proposed improvements and acquisition where appropriate, and this legislative body did, after providing a full hearing, overrule and deny all protests and objectione; and, WHEREAS, the legislative body is desirous at this time of providing a contribution to pay a portion of the costs and expenses of the work and proceedings; and, WHEREAS, this legislative body is now satisfied with the assessment and all matters contained in the "Report" as now updated and submitted. NOW~ THEREFORE~ BE IT RESOLVED AS FOLLOWS: RECITALS 1. That the above recitals are all true and correct. 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further deter-~ mined that said protests and objections are made by the owners of less than one-hal` of the area of property to te assessed for said improvements within said Assessment District. BENEFITS RECESVED 3. That it is hereby determined that all properties within the bounda- ries of the Aaseasment District receive a local and direct benefit from the worke of improvement as proposed for eaid Aaseesment District, and it ie hereby further determined and declared that all assessable coats and expenses have been apportioned and apread over the properties within the boundariea of the Aesessment Dietrict in direct proportion to the benefits received thereby. PUBLIC INTEREST AND CONVENIENCE 4. That the public interest and convenience require the proposed improvemente to be made, and therefore it is hereby ordered that the work to be done and improvements to be made, together with appurtenances and appurtenant work in connection therewith, including acquisition where appropriate, in said Asaeasment District, as set forth in the Reaolution of Intention previously adopted and as eet forth in the "Report" presented and considered, and as now aubmitted. CONFIRMATION OF ASSESSMENT 5 That the "Report'•, ae now updated and submitted, consistinq of the assessment and diagram for the improvements, together with appurte- nances and appurtenant work in connection therewith, including acquisition where appropriate, is hereby confirmed, and the aseess- ment contained in said •'Report" is hereby levied upon the reapec- tive subdivisions of land in the Assessment Diatrict as set forth in said "Report". The assessments contained in the final Engineer's "Report" are hereby levied anci aNproved as followe: A. The final assessments to represent the costs and expenses to finance the public works of improvement, as authorized for these proceedings. B. The annual assessment to pay for administrative coats in an amovnt not to exceed the maximum annual assessment as aet forth in said "Report". ASSESSMENT VALUATION 6. That this legislative body hereby finds and determines that the total amount of the'principal aum of all unpaid epecial aseees- ments proposed to be levied, ae well ae any outstanding special assessmenta, does not exceed 1/2 the total true value of the parcels proposed to be assessed under these proceedinga, and this finding shall be final and conclusive. This legislative body further finds that the project is feasible and that the lands to be assesaed will be able to carry the burden of the proposed assessment, and it is hereby further determined, if and as applicable, that the limitations of the amounts of assessments provided for in Divieion 4 of the Streeta and Highways Code of the State of California be disregarded both with respect to the limitation on the Assesament District ae a whole, and as to the limitation on individual epecific asaesaments, as applicable. CONTRIBUTION 7. That the appropriation of the monies as set forth as a contribu- tion in the Engineer's "Report" as herein presented relating to this Assessment Diatrict is hereby approved and authorized. Said contribution is authorized pursuant to Section 10205 of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. ~ RECOk'.Dil`:iON OF ASSESS*fENT 8. That the City clerk ehall forthwith deliver to the Superintendent of Streets the said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with her certifi- cate of such confirmation attached and the date thereof; and that said Superintendent of Streeta ehall then immediately record said diagram and assesament in his Office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. COUNTY RECORbER NOTICE 9 Upon confirmation of the aesesemente and recordation of the assesa- ment roll and diagram, a certified copy of the assessment diagram shall be immediately filed in the Office of the County Recorder. Immediately thereafter, a copy of the notice of 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 Streeta and Highways Code of the State of California. MAILED NOTICE 10. That said City Clerk, upon the recording of said diagram and assessment, shall mail to each owner of real property within the Aesessment District at his last known addreas, 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 said address is not the same, or to General Delivery when no addresa so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, ~and a etatement of the fact that bonda will be issued on unpaid assessments pursuant to the "Improvement Bond Act of 1915". 11. That said City C;.er;c shal: also give notice b. publishing a copy of a notice of recording of assessment in the newspaper previously selected to publish all notices as provided by law, giving notice that said assessment has been recorded in the Office of the superintendent of streets, and that all sums aeeessed thereon are dve and payable immediately, and that the payment of said aums is to be made within thirty (30) daye after the date of recording the assessment, which date shall be so atated in said notice, and of the fact that securities will be isaued upon unpaid asaessments. ASSESSMENT COLLECTION 12. The County Auditor ie hereby authorized and directed, in accor- dance with the provisions of Section 8682 of the Streets and Hiqhways Code of the State of California, to enter into his asaese- ment roll on which property taxes will next become due, opposite each lot or parcel of land affected, in a space marked "public improvement aesessment" or by other auitable deaignation, the next and several inatallments of such aesessment comincj due during the ensuing fiscal year covered by the assessment roll and that.said entry then ehall be made each year during the life of the bonda for the proceedings for the above-referenced Assesement District. This authorization ie continual until all assessment obligations have been discharged and the bonda terminated. As an alternate, and when determined to be in the best interesta for bondholdere o£ the Aesessment District, thie legislative body may, by Resolution, designate an official other than the County Tax Collector and/or other agent, to collect and maintain recorda of the collection of the aesessmente, including a procedure other than the normal property tax collection procedure. 13. In accordance with the provisions of Section 8685 of the Streets and Highways Code, if any lot or parcel of land affected by any assessment is not s2para=elp assessed on the tc,a roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditor ehall enter on the roll a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as "~nknown owners", and extend the proper installment opposite the same. ASSESSMENT VERIFICATION STATEMENT 14. The Covnty Auditor ehall, within 90 days after any epecial assess- ment installment becomes delinquent, render and eubmit a detailed report showing the amounts of the installments, interest, penal- ties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for said delinquency, and further aet forth a statement of percentages retained for the expenses of making such collections. This request is specifically made to the authoriza- tion of Section 8683 of the Streets and Highways Code of the State of California. ASSESSMENT DISTRICT FUNDS 15. That the Treasurer is hereby authorized at this time, if not previously done, to establish the following funds as necessary for the payment of costs and expenses and administration of the proceedings for this Assessment District: A. IMPROVEMENT FUND: All monies received from cash collection, proceeds from the sale of bonds and applicable contributions shall be placed into the Improvement Fund. B. RESERVE FUND: All monies as designated to assist in the payment of delinquencies shall be placed into the Reserve Fund. C. REDEMPTION FUND: All monies received from the payment of assessments shall be placed in the Redemption Fund. For particulara as to the administration and handling of the Funds, the specific terma and conditiona shall be set forth in the Bond Indenture and approved through the Resolution Authorizing the Iseuance of Bonds. PASSED, APPROVED and ADOPTED thia lOth day of ,li~l y . 1990. GARY~~WASN~URN MAYOR CITY O LAKE ELSINORE STATE OF CALIFORNIA VICK~E ~ SAD CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER CITY ATTORNEY CITY OF LAKE ELS STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD, CITY CLERK of the CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution,~~ being Resolution go. 90-36 , was duly passed, approved and adopted by the city council, approved and eigned by the Mayor, and atteated by the City Clerk, all at the reguldr meeting of said City Council held on the lOth day of ~li~ly , 1990, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS; BUCK, DOP4INGUEZ, STARKEY, I~INKLER,~WASHBURN NOES: COUNCIL MEMBERS; NONE ABSENT: COUNCIL MEMBERS; NONE ABSTAIN: COUNCIL MEMBERS; NONE ~ EXECUTED this 12thday of ~ California. VICKI ~ LYNNE II~P.SAD CITY CLERR U CITY OF LAKE ELSZNORE STATE OF CALIFORNZA (SEAL) , 1990, at Lake Eleinore,