HomeMy WebLinkAboutCC Reso No 1990-109'1 rL' .
RESOLUTION NO. 90-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY~
OF LAKE ELSINORE, CALIFORNIA, CONFIRMING THE
ASSESSMENT, ORDERING THE ACQUISITION MADEr
TOGETHER WITH APPURTENANCES, AND APPROVING
THE ENGINEER'S "REPOAT" ~ ~
WHEREAS, the CITY COUNCIL of the CITY OF LAICE ELSINORE, CALIFOjiNIA, did, on the
25th day of September, 1990, ndopt ite Resolution of Intention for the acquiaition of
certain public worke of improvement, together with appurtenancee and appurtenant
vork, in a firet phaee epecial aeseeement dietrict known and designated ae ASSESSMENT
DISTAICT NO. 90-1A (hereinafter referred to ae the "Aeeeesment District"); and, ,
wHEAEAS, this legielative body ie further desiroue to accept the works of
improvement ae inetalled and eubject to acquisition under these proceedinge; and,
WHEREAS, pursuant to eaid Aeeol~tion of Intention, a"Report", ae therein
provided, was preeented, coneidered and approved; and,
WHEREAS, eaid "Report", ae preliminarily approved, contained all the mattere and
iteme called for by law and se pursuant to the provieione of the "Municipal
Improvement Act of 1913^, being Divieion 12 of the Streete and Highwaye Code of the
State of California, including the following:
1. Eetimate of coet;
2. Diagram of Aeeesement Dietrict;
3. An asaesement according to benefite; •
4. A deecription of the worke of improvement to be acquired; and,
WHEREAS, all proteete have been heard and coneidered and a full hearing hae been
given, all in the manner provided by law; and,
WHEREAS, noticee of eaid hearing were duly and regularly poeted, mailed and
publiahed in the time, form and manner required by law and ae evidenced by affidavlte
on f11e with the tranecript of these proceedinge; and,
f~e
WHEREAS, the ownere of one-half (1/2) of the area aeeeseed for the cost of the
project did not file written proteete againet the eaid propoeed acquisition and thle
after providing a full hearin9, all proteete and objectione were overruled and
.. denied; and,
WHEREAS, thie legielative body ie now satiefied with the aseeeement and all
mattere contained in the ".Report" ae now updated and eubmitted.
NOW, THEREFOAE, IT IS HERE~BY RESOLVED AS FOLLOWS:
AECITALS
1. That the above recitale are all true and correct.
YROTESTS
2. That all proteete and objectione of every kind and nature be, and the same
hereby are, overruled and denied, and it ie further determined that said proteete and
objectione are made by the ownere of leea than one-half of the area of property to be
aeseseed for eaid acquieition of improvemente within eaid Aaeessment Dietrict.
BENEFITS RECEIVED
3. That it ie hereby determined that all propertiee within the boundaries of
the Aeeeeement Dietrict receive a local and direct benefit from the acquisition of
the worke of improvement ae propoeed for eaid Aeeesement Dietrict, and it ie hereby
further determined and declared that all asaeeeable coete and expeneee have been
apportioned and epread over the propertiee within the boundariee of the Aseesement
Dietrict in direct proportion to the benefite received thereby.
PUBLIC INTEREST AND CONVENIENCE ~
4. That the public intereet and convenience require the proposed acquieition be
made, and therefore it ie hereby ordered that the work to be acquired, together with
appurtenances and appurtenant work in connection therewith, including acquieition of
eaeemente where appropriate, in eaid Aeeeesment Dietrict, ae eet forth in the Resolu-
tion of Intention previouely adopted and ae eet forth in the "Report" presented and
coneidered, and ae now eubmitted.
CONFIRMATION OF ASSESSMENT
5. That the "Report",.ae now updated and eubmitted, coneieting of the aeeeee-
I ment and diagram for the acquieition, together with appurtenancee and appurtenant
work in connection therewith, including acquieition of easemente where appropriate,
ie hereby confirmed.
6. The aeeeeemente contained in the final Engineer's "Report" are hereby levied
and approved as followe:
A. The final aeeessmente to repreeent the coate and expensee to Einance the
acquieition of the public worke of improvement, as authorized for theee proceedinge.
B. The annual aseeeement to pay for administrative coete in an amount not
to exceed the maximum annual aeeeeement ae eet forth in eaid "Report".
AECORDATION OF ASSESSMENT
7. That the City Clerk ehall forthwith deliver to the Superintendent of Streets
the eaid aeeeeement, together with the diagram attached thereto and made a part
thereof, ae confirmed, with hie certificate of euch confirmation attached and the
date thereof; and that said Superintendent of Streets ehall then immediately record
eaid diagram and aeeeeement in hie Office in a euitable book to be kept for that
purpoee and attach thereto hie certificate of the date of such recording.
COUNTY RECORDEA NOTICE
' ~ 8. Upon confirmation of the aeeeeemente and recordation of the aeeeesment roll
and diagram, a certified copy of the aseessment diagram ehall be immediately filed in
the office of the County Recorder. Immediately thereafter, a copy of the notice of
seeesement ehall be recorded in the Office of the County Recorder in the manner and
form ae eet forth by law and epecifically Section 3114 of the Streeta and Highways
Code of the State of California.
MAILED NOTICE
9. That eaid Superintendent of Streete, upon the recording of eaid diagram and
aeseeement, ehall mail to each owner of real property wlthin the Aeeesement District
at hie laet known addreee, ae the eame appeare on the tax rolls of the County or on
~.
file in the office of the City Clerk, or to both addreases if eaid addreee Se not the
eame, or to General Delivery when no addreee eo appeare, a etatement containing a
deeignation by street number or other deacription of the property aseeesed eufficlent
to enable the owner to identify the eame, the amount of the aesesement, the time and
place oP payment thereof, the effect of failure to pay within euch time, and a etate-
ment of the fact that bonda will be iesued on unpaid aseeeemente pureuant to the
^Improvement eond Act of 1915".
PUBLICATION
10. That eaid superintendent of Streete ehall aleo give notice by publiehing a
eopy of a notice of recording of aseesement in the newepaper previously eelected to
publieh all notices ae provided by law, giving notice that eaid aeeeeement hae been
recorded in his Office, and that all eums aeeeesed thereon are due and payable
immediately, and that the payment of esid eume ie to be made within thirty (30) daye
afteF the date of recording the aseeeement, which date ehall be eo etated in eaid
notice, and of the fact that eecuritiee will be ieeued upon unpaid aeeeeemente.
ASSESSMENT COLLECTION
11. The County Auditor ie hereby authorized and directed, in accordance with
the provieions of Section 8682 of the Streets and Highwaye Code of the State of
California, to enter into hie aeseeement roll on which property taxee will next
become due, oppoeite each lot or parcel oE land affected, in a epa~e matked "public
improvement aeeeeement" or by other euitable deeignation, the next and eeveral
inetallmente of euch aeeeeement coming due during the ensuing fiscal year covered by
the seeeeement roll and that eaid entry then ehall be made each year during the life
of the bonde for the proceedinge for the above-referenced Aeeeeement Dietrict. This
authorization ie continual until all sesesement obligatione have been diecharged and
the bonde terminated.
Ae an alternate, and when determined to be in the best intereete for bond-
holdere of the Aeeeeement Dietrict, thie legielative body may, by Reeolution, desig-
nate an officinl other than the County Tax Collector and/or other ngent, to collect
and maintain recorde of the collection of the asseeemente, including a procedure
other than the normal property tax collectfon procedure.
~. . I
In accordance with the provieions of Section 8685 of the Streets and
Highwaye Code, if any lot or parcel of land affected by any aeseesment is not
eeparately aseeeeed on the tax roll so that the inetallment of the aseesament to be
aollected can be conveniently entered thereon, then the Auditor ehall enter on the
roll a deecription of the lot or parcel affected, with the name of the ownere, if
known, but otherwiee the ownere may be deecribed ae "unknown ownere", and extend the
proper inetallment oppoeite the eame.
ASSESSMENT VERIFICATION STATEMENT
12. The County Auditor ehall, within 90 daye after any epecial seseeement
inetallment becomee delinquent, render and eubmit a detailed report ehowing the
amounte of the inetallmente, intereet, penaltiee and percentagee eo collected, for
the preceding term and inetallment date, and from what property collected, and
further identify any propertiee which are delinquent and the amount and length of
time for eaid delinquency, and further eet forth a statement of percentagee retained
for the expeneee of making euch collectione. Thie req~eet ie epecifically made to
the authorization of Section 8683 of the Streete and Highways Code of the State of
California.
ASSESSMENT DISTRICT FUNDS
13. The Treasurer ie hereby authorized at this time, if not previouely done, to
establieh the following funde ae neceeeary for the payment of coete~and expensee and
adminiatration of the proceedinge for thie Aeeesement Dietrict:
A. IMPROVEMENT FUND: All moniee ieceived from cash collection, proceede
from the sale of bonde and applicable contributions ehall.be placed into the
Improvement Fund to pay for the worke of improvement.
B. AEDEMPTION FUND: All monies received from the payment of aeeesemente~
ehall be placed in the Redemption Fund.
For particulare ae to the adminietration and handling of the FunQe, the
epecific terme and conditione ehall be eet forth in the Bond Indenture and approved
through the Reeolution Authorizing the Ieeuance of Bonde.
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PASSED, APPROVED and AOPTED thie 6th day of October , 1990.
;
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GARY ASHBURN
MAYOR
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA
APPROVED AS TO FORM:
Jd111b`A. NAAPER
CITY ATTORNEY
CITY OF LAKE E~.
CITY OFyLAKE ELSINOAE ~
~,, .
STATE OF CALIFORNIA
COUNTY OF AIVEASIDE
CITY OF LAICE ELSINORE
I, VICKI LYNNE KASAD, CITY CLERK of the CITY OF LAKE ELSINORE,
CALIFORNIA, DO HEAEBY CERTIFY that the foregoing Reeolution, being Resolution
No. 90-109 , wae duly paseed, approved and adopted by the City Council,
approved nnd eigned by the Mayor, and atteeted by the C1ty Clerk, all at the
Adjourned meetsnq of eaid City Council held on the 26tf~ _ day of
October , 1990, end that the eeme wae paseed and adopted by the
following vote:
AYES: COUNCIL MEMBERS; DOP'IINGUEZ, STARKEY,.WIPJKLER, WASHBURN
NOES: COUNCIL MEMBERS; NONE
ABSENT: COUNCIL MEMBERS: BUCK
ABSTAIN: COUNCIL MEMBEAS; NONE
EXECUTED thie 26th day of OctObeP , 1990, at Lake Elainore,
California.
[SEAL]
CITY OF LNCE ELSINORE
STATE OF CALIFORNIA