HomeMy WebLinkAboutResolution - 2205 RESOLUTION NO. 2 2 n 5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND
PROCEEDINGS, AND ORDERING PROPOSED IMPROVEMENTS IN THE
MATTER OF
Assessment District No. 94-1 (Soboba Springs Project)
WHEREAS, this City Council has by its Resolution No. 2198 declared its intention to
order the construction of certain improvements, appurtenances, and appurtenant work, and to
form Assessment District No. 94-1 (Soboba Springs Project) under the provisions of the
Municipal Improvement Act of 1913, i.e., Division 12 of the California Streets and Highways
Code (herein "the Act"); and
WHEREAS, by Resolution No. 2199, this City Council has approved a Report prepared
by the Engineer of Work under and pursuant to the Act and, in particular, Sections 2961, 10203
and 10204 of the California Streets and Highways Code (herein "Report"); and
WHEREAS, in Resolution No. 2199, this City Council fixed June 7, 1994, at the hour of
7:30 o'clock p.m. at the regular meeting place of the City Council, San Jacinto Community
Center, 625 S. Pico, San Jacinto, California, as the time and place of the public meeting; and
WHEREAS, in Resolution No. 2199, this City Council fixed June 21, 1994, at the hour
of 7:30 o'clock p.m. at the regular meeting place of the City Council, San Jacinto Community
Center, 625 S. Pico, San Jacinto, California, as the time and place of hearing protests and
objections to the improvements proposed in said 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 of the City Council (herein "City Clerk") has given notices of
the passage of the Resolution of Intention, Resolution No. 2198, the filing of the Report, and of
the time and place and purpose of said hearing, all as required by Section 54954.6 of the
Government Code of the State of California; 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 publishing and mailing of
said notices: and
WHEREAS, an Engineer's Report dated June 21, 1994 (herein "Final Report") has been
prepared setting forth the work to be undertaken and the adjusted assessments, and said Final
Report has been filed with the City Council at the hearing and has been available for review by
the property owners within proposed Assessment District No. 94-1 (Soboba Springs Project); and
WHEREAS, at the time and place stated in said notices, a hearing as 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 duty presented, read, heard
and considered and all persons appearing at said hearing and desiring to be heard in the matter of
said Final Report were heard; a full, fair and complete hearing has been had; and this City
Council is fully informed in the premises; and
WHEREAS, this City Council desires to delete certain improvements (generally described
as the Debris Basin and appurtenant work) from the improvements described in the Final Report
and has directed the Engineer of Work to prepare a Revised Final Report showing the deletion of
said improvements and the revision of the assessments due to the deletions of said improvements;
and
WHEREAS, this City Council considered the assessment proposed in said Revised Final
Report and the proceedings prior thereto, and the evidence presented at said hearing;
NOW, THEREFORE, the City Council of the City of San Jacinto DOES HEREBY
RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. The public meeting and public hearing referred to in the recitals hereof
has been 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 Revised
Final Report, including the assessment and diagram, the proceedings and all matters relating
thereto.
SECTION 2. That the deletion of certain improvements referred to in the recitals
hereof and described in the Revised Final Report is made pursuant to Section 10352(a)(2) of the
Streets and Highways Code of the State of California and this Board of Directors finds that the
deletion of said improvements does not substantially affect the distribution of benefits from the
improvements.
SECTION 3. The City Council finds that the property within Assessment District
No. 94-1 (Soboba Springs Project) will be benefited by the improvements as shown in the
Revised Final Report.
SECTION 4. This City Council finds that the total amount of the principal sum of all
unpaid special assessments levied against the parcels proposed to be assessed, as computed
pursuant to paragraph (1) of subdivision (b) of Section 2961 of the Streets and Highways Code,
plus the principal amount of the special assessment proposed to be levied in the instant
proceedings, do not exceed one-half of the total value of the parcels proposed to be assessed, as
computed pursuant to paragraph (2) of subdivision (b) of said Section 2961.
SECTION 5. This City Council overrules and denies any and all protests, objections
or appeals made in regard to this assessment proceeding. This City Council orders the formation
of Assessment District No. 94-1 (Soboba Springs Project) as described in Resolution No. 2198.
SECTION 6. This City Council orders the proposed improvements to be made in
accordance with said Revised Final Report and these proceedings.
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SECTION 7. This City Council determines that the amount of the assessment shown in
said Revised Final Report, i.e., $913,250.79 should be confirmed; and said assessment is
confirmed and fixed in the amount of $913,250.79.
SECTION 8. This City Council determines that the amounts to be assessed against the
individual parcels shown on the assessment diagram contained in said Revised Final Report are
hereby approved and confirmed; and the City Clerk is directed to endorse the fact and date of
such approval on said Revised Final Report.
SECTION 9. The City Clerk is directed to file and record said diagram and
assessment in the offices of the City Engineer acting as Superintendent of Streets, and the County
Recorder as required by Sections 3114, 10401 and 10402 of the California Streets and Highways
Code; and the City Clerk shall record a Notice of Assessment as required by Section 3114 of said
Code.
SECTION 10. The Superintendent of Streets, shall give notices of the recordation of the
assessment, as provided in Sections 10404 and 10600 of said Code.
PASSED AND ADOPTED on June 21, 1994, by the following vote:
Ayes:Councilmembers Leahy, Solorio, Williams , Mayor Hafliger
Noes:None
AbsentVacant Seat
Abstain:None
Approved:
x s
p ? fl t} t°n f_ ..�..._
Mayor of the City of San Jacinto
(Seal)
Attest:
f;
`amity Clerk of the Cit. of San Jaci to
PUBL:13152_11141112048.3 3
CITY CLERK'S CERTIFICATE
I, City Clerk of the City Council of City of San Jacinto,
Riverside County, California, hereby certify as follows:
The foregoing is a full, true and correct copy of a resolution duly adopted at a regular
meeting of the City Council of said City duly and regularly and legally held at the regular
meeting place thereof on June 21, 1994, of which meeting all of the members of said City
Council had due notice and at which a majority thereof were present.
At said meeting said resolution was adopted by the following vote:
Ayes:Councilmembers Leahy, Solorio, Williams , Mayor Hafliger
Noes:None
Absent:Vacant Seat
Abstain:None
I have carefully compared the same with the original minutes of said meeting on file and
of record in my office, and the foregoing is a full, true and correct copy of the original resolution
adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its
adoption, and same is now in full force and effect.
Dated: June 21, 1994
City Clerk of the City of San Jacinto
(Seal)
PUBL:13152_11141B2048.3