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Res 01-071RESOLUTION NO. 01-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO. 2001-1 (OLD COACH ROAD WATERLINE PROJECT) WHEREAS, this City Council has taken proceedings under the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code (the "Code"), for the formation of Assessment District No. 2001-1 (Old Coach Road Waterline Project) (the "Assessment District") and has confirmed an assessment, which assessment and a related diagram were recorded in the office of the Superintendent of Streets and with the County Recorder of the County of San Diego; and a notice of assessment, as prescribed in Section 3114 of the Code, has been recorded with the County Recorder of the County of San Diego, whereupon the assessment attached as a lien upon the property assessed within the Assessment District as provided in Section 3115 of the Code; and WHEREAS, said proceedings provide that bonds be issued pursuant to the Improvement Bond Act of 1915, Division 10 of the Code secured by the unpaid assessments; and WHEREAS, a list of unpaid assessments has been filed with the City Treasurer pursuant to Section 6420 of the Code, the Superintendent of Streets has listed all of the assessments as unpaid as of July 6, 2001, and the aggregate amount of unpaid assessments is $290,350.47 and the City Treasurer has filed with this City Council a Certificate of Paid and Unpaid Assessments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1. The unpaid assessments upon the security of which the bonds are to be issued are determined to be as set forth in the report of the City Treasurer referred to in the recitals hereof. SECTION 2. Bonds representing the unpaid assessments in the amount of not to exceed $290,350.47 have been authorized to be issued pursuant to the Improvement Bond Act of 1915 in the manner provided for in Resolution No. 01-072 of this City Council heretofore approved on July 31,2001. SECTION 3. Said unpaid assessments shall be payable in the manner provided in Sections 8680 et seq. of said Code and shall be payable in the manner and at the same time and in the same installments as the general taxes of the City on real property are payable. Pursuant to Section 8682 of said Code, a copy of this resolution and a copy of the list of unpaid assessments, filed in the office of the Treasurer of the City, shall be filed in the office of the County Auditor of San Diego County, California. Said County Auditor shall enter in his assessment roll on which taxes will next become due the amount coming due the fiscal year covered by the applicable assessment roll pursuant to Sections 8680 et seq. of said Code. DOCSOC\834979vl ~22468.0017 Resolution No. 01-071 Page 2 SECTION 4. This Resolution shall take effect immediately upon its adoption. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 31st day of July 2001. ATTEST: "-E'or~ Anne'~oples, City CTerk STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do herby certify under penalty of perjury that the foregoing Resolution No. 01- 07:]. was duly adopted by the City Council at a meeting of said City Council held on the 31st day of July 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: ABSENT: NONE HIGGINSON ~o~ ~Ann~e~~~ Peoples, Clty Cl~rk City of Poway n:\city\admnserv\director~general\agenda\old coach res determining unpaid assess.doc DOCSOC\834979v 1~22468.0017