Res 01-019RESOLUTION NO. 01-019
RESOLUTION Of THE CITY COUNCIL OF THE CITY Of POWAY DECLARING THE
INTENT OF THE CITY OF POWAY TO ORDER THE ACQUISITION OF CERTAIN
IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 2001-1 (OLD
COACH ROAD WATER LINE PROJECT) AND MAKING CERTAIN FINDINGS AND
DETERMINATIONS IN CONNECTION THEREWITH
WHEREAS, this City Council wishes to consider ordering the acquisition of
certain improvements and the formation of an assessment district to pay the costs
thereof under and pursuant to the provisions of the Municipal Improvement Act of 1913
(the "Act"); and
WHEREAS, the proposed assessment district, if it is formed, is to be known and
designated as Assessment District No. 2001-1 (Old Coach Road Water Line Project)
(the "Assessment District"); and
WHEREAS, the proposed boundaries of the Assessment District are shown on a
map thereof, which indicates by a boundary line the extent of the territory proposed to
be included in the Assessment District, which map is designated "Proposed Boundaries
of Assessment District No. 2001-1 (Old Coach Road Water Line Project)" (the "Map"),
and which has been presented to the City Council for approval; and
WHEREAS, before ordering the proposed improvements, the City Council is
required, under the Act, to adopt a resolution declaring its intention to do so.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
SECTION 1. The above recitals, and each of them, are true and correct.
SECTION 2. This City Council intends to comply with the requirements of the
Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by
proceeding under Part 7.5 thereof.
SECTION 3. The Map is hereby approved, adopted and declared to describe the
proposed boundaries of the Assessment District; and it shall govern for all details as to
the extent of the Assessment District. The City Clerk is hereby authorized and directed
to endorse on the original and on one copy of the Map her certificate, evidencing the
date and adoption of this resolution, and to file the original thereof in her office and the
copy in the office of the County Recorder of San Diego County, all in the manner and
form provided for in Section 3111 of the Streets and Highways Code.
Resolution No.01-019
Page 2
SECTION 4. The improvements which the City Council intends to acquire (the
"Improvements") generally include the extension of the main water line and various
lateral water lines along Old Coach Road consisting of trenching, trench shoring,
backfill, saw cutting, removal of existing pavement, placing pipes, valves, fire hydrants,
air release valves, connections to existing systems, testing, inspection, asphalt
pavement replacement, traffic control and appurtenant work.
SECTION 5. The public interest and necessity require the acquisition and
construction of the Improvements, and the Improvements will be of direct benefit to the
properties and land within the Assessment District. The City Council hereby declares its
intention to order the Improvements, to make the expenses thereof chargeable upon the
area included within the Assessment District, and to form the Assessment District.
SECTION 6. The City Council further declares its intention to levy a special
assessment upon the land within the Assessment District in accordance with the special
benefit to be received by each parcel of land, respectively, from the Improvements.
SECTION 7. Harris & Associates is appointed as the Engineer of Work for the
Assessment District and is authorized and directed to perform all of the duties and
functions of said office as said duties and functions are specified in the Act. The City
Engineer of the City is appointed to act as the Superintendent of Streets for the purpose
of this proceeding. The firm of Stradling Yocca Carlson & Rauth is appointed to act as
bond counsel.
SECTION 8. The proposed Improvements are hereby referred to the Engineer of
Work, and the Engineer of Work is hereby authorized and directed to make and file with
the City Clerk a written report with regard thereto, which report shall comply with the
requirements of Sections 2961 and 10204 of the Streets and Highways Code.
SECTION 9. Serial and/or term bonds, bearing interest at a rate not to exceed
twelve percent (12%) per annum, will be issued hereunder in the manner provided in
the Improvement Bond Act of 1915 to represent the unpaid assessments. The principal
amount of such bonds maturing each year shall not be an amount equal to an even
annual proportion of the aggregate principal amount of the bonds, but rather (except as
specifically otherwise provided by the City Council in connection with the sale of such
bonds), shall be an amount which, when added to the amount of interest payable in
each year, will generally be a sum which is approximately equal in each year (with the
exception of the first year and any adjustment required with respect thereto). The last
installment of such bonds shall mature a maximum of 39 years from the second day of
September next succeeding the first 12 months after their date. Such bonds shall be
serviced and collected by the City Manager or by such fiscal agent, registrar, or paying
agent(s) as the City Council may from time to time designate.
Resolution No. 01-019
Page 3
SECTION 10. The provisions of Part 11.1 of the Bond Act of 1915, providing an
alternative procedure for the advance payment of assessments and the calling of
bonds, shall apply.
SECTION 11. Except as specifically otherwise provided for herein, the
Improvements shall be made and ordered pursuant to the provisions of the Act.
SECTION 12. Any surplus remaining in said Improvement Fund following the
completion of the Improvements shall be used as determined by the City Council as
provided in Section 10427 of the Streets and Highways Code.
SECTION 13. The City Council hereby determines that the City is not obligated
to advance available funds from the City Treasury to cure any deficiency which may
occur in the bond redemption fund but may do so in its discretion, however, the City
may obligate itself to advance available funds from the City Treasury to meet
requirements in conjunction with the Reserve Fund.
SECTION 14. It is hereby determined that the bonds proposed to be issued in
these proceedings may be refunded. Any adjustment to assessments resulting from
such refunding shall be done on a pro rata basis as required pursuant to Section 8571.5
of the Streets and Highways Code. Any such refunding shall be pursuant to the
provisions of Division 11.5 (commencing with Section 9500) of the Streets and
Highways Code, except that, if, following the filing of the report specified in Section
9523 and any subsequent modifications of the report, the City Council finds that each of
the conditions specified in the resolution of intention is satisfied and that the
adjustments to assessments are on a pro rata basis, the City Council may approve and
confirm the report and may, without further proceedings, authorize, issue, and sell the
refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division
11.5 of the Streets and Highways Code. Any such refunding bonds shall bear interest
at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of
interest as may be authorized by applicable law at the time of sale of such bonds, and
the last installment of such bonds shall mature on such date as will be determined by
the City Council in the proceedings for such refunding.
SECTION 15. This Resolution shall take effect immediately upon its adoption.
Resolution No. 01-019
Page 4
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 17th day of April 2001.
ATTEST:
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 01-019 was duly adopted by the City
Council at a meeting of said City Council held on the 17th day of April 2001, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN:NONE
ABSENT: NONE
I~ori 7k-nne Pe°p]es, City' (~lerl~ 4 '
City of Poway