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
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