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Res 01-041RESOLUTION NO. 01-041 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, ORDERING THE ACQUISITION OF THE IMPROVEMENTS, AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND FOR ASSESSMENT DISTRICT NO. 2001-1 (OLD COACH ROAD WATER LINE PROJECT) WHEREAS, this City Council has heretofore adopted Resolution No. 01-019 (the "Resolution of Intention") declaring its intention to order the acquisition of the improvements described in the Resolution of Intention (the "Improvements") and to form Assessment District No. 2001-1 (Old Coach Road Water Line Project) (the "Assessment District") under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, "the Act"); and WHEREAS, this City Council has heretofore approved a report prepared by Harris & Associates (the "Assessment Engineer") under and pursuant to the Act and, in particular, Section 10204 of the California Streets and Highways Code (the "Engineer's Report"); and WHEREAS, this City Council fixed June 5, 2001, at 7:00 p.m. in the City Council Chambers, 13325 Civic Center Drive, Poway, California, as the time and place of hearing protests and objections to the improvements proposed in the Engineer's Report to be made, the extent of the Assessment District proposed to be created, and/or to the proposed assessment; and WHEREAS, the City Clerk has caused notice to be given of the passage of the Resolution of Intention, the filing of the Engineer's Report and the time and place and purpose of said hearing, all as required by the Act and by Section 53753(c) of the California Government Code and Article XIIID, Section 4 of the California Constitution ("Article XIIID"); and WHEREAS, the City Clerk has filed with this City Council an affidavit setting forth the time and manner of the compliance with the requirements of the Act for mailing of said notice; and WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting forth the Improvements to be acquired and the adjusted assessments, if any, and the Final Report has been filed with the City Council and has been available for review by the property owners within the proposed Assessment District; and WHEREAS, on June 5, 2001, at the time and place stated in the aforesaid notice, a hearing was duly held by this City Council and, during the course of said hearing, the Final Report was duly presented and considered, all written protests and objections received, if any, were duly presented, read, heard and considered and all persons Resolution No. 01-041 Page 2 appearing at said hearing and desiring to be heard in the matter of said Final Report were heard, and a full, fair and complete hearing has been conducted; and WHEREAS, this City Council has received all ballots filed with the City Clerk prior to the conclusion of the hearing, and the Assessment Engineer on behalf of the City Clerk has counted all ballots for and against the formation of the Assessment District as provided in Article XlIID; and WHEREAS, this City Council has considered the assessment proposed in the Final Report and the evidence presented at said hearing; and WHEREAS, it appears that the City Treasurer is covered by a blanket fidelity bond covering the faithful performance of the duties imposed by law in an amount deemed by this City Council to be adequate; and WHEREAS, under the provisions of Section 10424 of the California Streets and Highways Code, funds collected by the City Treasurer pursuant to an assessment under the Municipal Improvement Act of 1913 are required to be placed in a special improvement fund designated by the name of the assessment proceeding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1. The public hearing referred to in the recitals hereof has been duly held, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. This City Council is satisfied with the correctness of the Final Report, including the assessment and diagram and the maximum annual assessment for administrative expenses, the proceedings and all matters relating thereto. Section 2. The property within the Assessment District to be assessed as shown in the Final Report will be benefited by the Improvements. Section 3. This City Council hereby finds that the total amount of the principal sum of all unpaid assessments levied against the parcels to be assessed, computed in accordance with Streets and Highways Code Section 2961(b)(1), plus the principal amount of the special assessments proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the parcels to be assessed, all within the meaning of and for the purposes of Streets and Highways Code Section 2961(d). Section 4. This City Council overrules and denies any and all protests, objections and appeals made in regard to these proceedings. The City Council further finds and determines that a majority of the ballots received are in favor of the assessment. In tabulating the ballots, the ballots were weighted according to the proportional financial obligation of the affected property. Recolution No. 01-041 Page 3 Section 5. This City Council orders the proposed improvements to be acquired and constructed in accordance with the Final Report and these proceedings. Section 6. The amount of the assessments shown in the Final Report and the proposed maximum annual assessment per parcel for administrative expen~e~ shown are confirmed and are fixed in said amounts. Section 7. The amounts to be assessed against the individual parcels shown on the assessment diagram contained in the Final Report are hereby approved and confirmed, and the City Council is authorized and directed to endorse the fact and date of such approval on the Final Report. Section 8. The assessment diagram and assessment is to be placed on file in the office of the Superintendent of Streets, and the City Clerk is authorized and directed to record, or cause to be recorded, the assessment diagram and assessment in the office of the County Recorder as required by Sections 3114, 10401 and 10402 of the California Streets and Highways Code, and the City Clerk shall record, or cause to be recorded, a Notice of Assessment as required by Section 3114 of said Code. Section 9. The Superintendent of Streets is authorized and directed to give notice of the recordation of the assessment, as provided in Section 10404 of said Code. Section 10. The City Treasurer is designated to receive the assessments paid during the 30-day cash payment period, which shall commence on the date of recording the assessment diagram with the County Recorder. Section 11. In the event that surplus moneys remain or moneys are deposited into the Improvement Fund from the proposed Old Coach Water Line Project Development Fee, and in accordance with Sections 10427 and 10427.1 of said Code, a credit shall be issued to all properties in the Assessment District in proportion with each individual assessment in relation to the total of all individual assessments in the Assessment District. The credit shall be returned in cash to the person or persons owning the property for which all or a portion of the assessment has been paid, and bonds will be called for those assessment amounts that were not paid in cash. Section 1. This Resolution shall take effect immediately upon its adoption. Resolution No. 01-041 Page 4 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 5th day of June 2001. ATTEST: Peo-pl~s, City CTe~' F -~ STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No.0!-04:[ was duly adopted by the City Council at a meeting of said City Council held on the 5th day of June 2001, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: GOLDBY, HIGGINSON, CAFAGNA NONE NONE EMERY, REXFORD^ ~ 'E~i/~nne PeOples, City Clerk~ - City of Poway n:\city\agenda\0605districtformationresolution.doc