HomeMy WebLinkAbout1997-06-03; City Council; Resolution 97-4720 0
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RESOLUTION NO. 97-472
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE
IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND
APPROVING THE' ENGINEER' s "REPORT~:
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
has previously adopted its Resolution of Intention and initiated
proceedings for the installation of certain public works of
improvement, together with appurtenances and appurtenant work,
including acquisition where appropriate, in a special assessment
district pursuant to the terms and provisions of the I:Municipal
Improvement Act of 1913::, being Division 12 of the Streets and
Highways Code of the State of California, said special assessment
district known and designated as ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH) (hereinafter referred to as the qlAssessment
District1:) ; and,
WHEREAS, pursuant to said Resolution of Intention, a tlReport:t,
as authorized, has been provided, presented, considered and
approved by this legislative body; and,
WHEREAS, said 1qReport91, as preliminarily approved, contained
all the matters and items called for by law and as pursuant to the
provisions of the 'IMunicipal Improvement Act of 1913I' and Section
2961 of said Streets and Highways Code of the State of California,
including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to special benefits;
5. A description of the works of improvement; and,
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1 WHEREAS, notices of said hearing and ballot forms were
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as evidenced by affidavits on file with the transcript of these 3
regularly mailed in the time, form and manner required by law and
provided by law; and, 6
considered, and a full hearing has been given, all in the manner 5
proceedings, and at this time all protests have been heard and 4
7 WHEREAS, in compliance with Section 4 of Article XIIID of the
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ballot forms and written protests have been reviewed and 9
California Constitution and other applicable law, all written
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11 WHEREAS, this legislative body is now satisfied with the
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and submitted. 13
assessment and all matters contained in the ttReportlt as now updated
determined that a majority protest does not exist. 28
the ballots in favor exceed those in opposition, and it is hereby 27
tabulated and weighted based upon the aggregate assessments, and 26
SECTION 3. That the written ballots have been reviewed, 25
BALLOT 24
it is hereby determined that a majority protest does not exist. 23
assessed for said improvements within said Assessment District, and 22
the owners of less than one-half of the area of property to be 21
further determined that said protests and objections are made by 20
nature be, and the same hereby are, overruled and denied. It is 19
SECTION 2. That all protests and objections of every kind and 18
PROTESTS 17
SECTION 1. That the above recitals are all true and correct. 16
RECITALS 15
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 14
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1 SPECIAL BENEFITS RECEIVED
2 SECTION 4. Based upon the Engineer's llReportll, the testimony
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determined that: 4
and other evidence received at the public hearing, it is hereby
5 A. All properties within the boundaries of the
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improvement as proposed herein; 7
Assessment District receive a special benefit from the works of
8 B. All proportionate special benefit derived by
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improvement ; 11
relationship to the entirety of the cost of the proposed 10
each parcel proposed to be assessed has been determined in
12 C. No assessment is to be imposed on any parcel
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submitted, updated and amended as appropriate, is hereby approved 27
SECTION 6. That the llReportll of the Engineer, as now 26
ENGINEER'S "REPORT" 25
and as now approved. 24
adopted and as set forth in the llReportll presented and considered, 23
District, as set forth in the Resolution of Intention previously 22
including acquisition where appropriate, in said Assessment 21
with appurtenances and appurtenant work in connection therewith, 20
ordered that the work be done and improvements be made, together 19
the proposed improvements to be made, and therefore it is hereby 18
SECTION 5. That the public interest and convenience require 17
PUBLIC INTEREST AND CONVENIENCE 16
D. Only special benefits have been assessed; and 15
benefit to be conferred on such parcel; 14
which exceeds the reasonable cosst of the proportional special
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SECTION 7. That the assessments, as now filed in the 4
CONFIRMATION OF ASSESSMENT 3
proceedings for this Assessment District. 2
and said **Report*' shall stand as the "Report*' for all future
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with appurtenances and appurtenant work in connection therewith, 6
Engineer's "Report" , and diagram for the improvements, together
including acquisition where appropriate, are hereby confirmed. 7
8 The assessments contained in the final Engineer/s
9 ttReporttt are. hereby levied and approved as follows:
10 A. The final assessments to represent the costs and
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SECTION 8. That the City Clerk shall forthwith deliver to the 21
RECORDATION OF ASSESSMENT 20
those assessments for collection as convenient. 19
confirmed assessments for the facilities, and may be combined with 18
be collected in the same manner and in the same installments as the 17
The confirmed annual administrative assessment may 16
set forth in said lfReport'l. 15
costs in an amount not to exceed the maximum annual assessment as 14
B. The annual assessment to pay for administrative 13
for these proceedings. 12
expenses to finance the public works of improvement, as authorized
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date of such recording. 28
kept for that purpose and attach thereto his certificate of the 27
said diagram and assessment in his Office in a suitable book to be 26
that said Superintendent of Streets shall then immediately record 25
certificate of such confirmation attached and the date thereof; and 24
attached thereto and made a part thereof , as confirmed, with his 23
Superintendent of Streets the assessment, together with the diagram
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1 COUNTY RECORDER NOTICE
2 SECTION 9. Upon confirmation of the assessments and
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State of California. 9
specifically Section 3114 of the Streets and Highways Code of the 8
Recorder in the manner and form as set forth by law and 7
notice of assessment shall be recorded in the Office of the County 6
of the County Recorder. Immediately thereafter, a copy of the 5
of the assessment diagram shall be immediately filed in the Office 4
recordation of the assessment roll and diagram, a certified copy
10 MAILED NOTICE
11 SECTION 10. That upon recordation of the diagram and
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SECTION 11. That notice shall also be given by publication in 20
PUBLICATION 19
pursuant to the "Improvement Bond Act of 1915". 18
assessment, and further indicating that bonds will be issued 17
property assessed, as well as the amount of the final confirmed 16
notice to set forth a statement containing a designation of the 15
address appears on the last equalized tax rolls of the County, said 14
within the Assessment District at his last known address, as said 13
assessment, a notice shall be mailed to each owner of real property
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directed, in accordance with the provisions of Section 8682 of the 28
SECTION 12. The County Auditor is hereby authorized and 27
ASSESSMENT COLLECTION 26
bonds shall be issued as authorized by law. 25
assessment is not paid within the allowed cash collection period, 24
is now due and payable, and further indicating that if said 23
amount of the final assessment and indicating that said assessment 22
the designated legal newspaper, said notice setting forth the
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his assessment roll on which property taxes will next become due, 2
Streets and Highways Code of the State of California, to enter into
District. This authorization is continual until all assessment 9
bonds for the proceedings for the above-referenced Assessment 8
that said entry then shall be made each year during the life of the 7
during the ensuing fiscal year covered by the assessment roll and 6
the next and several installments of such assessment coming due 5
"public improvement assessment1' or by other suitable designation, 4
opposite each lot or parcel of land affected, in a space marked 3
10 obligations have been discharged and the bonds terminated.
11 As an alternate, and when determined to be in the
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best interests for bondholders of the Assessment District, this
special assessment installment becomes delinquent, render and 28
SECTION 14. The County Auditor shall, within 90 days after any 27
ASSESSMENT VERIFICATION STATEMENT 26
same. 25
as I'unknown ownersll, and extend the proper installment opposite the 24
of the owners, if known, but otherwise the owners may be described 23
the roll a description of the lot or parcel affected, with the name 22
be conveniently entered thereon, then the Auditor shall enter on 21
roll so that the installment of the assessment to be collected can 20
affected by any assessment is not separately assessed on the tax 19
of the Streets and Highways Code, if any lot or parcel of land 18
SECTION 13. In accordance with the provisions of Section 8685 17
procedure other than the normal property tax collection procedure. 16
aintain records of the collection of the assessments, including a 15
than the County Tax Collector and/or other agent, to collect and 14
legislative body may, by Resolution, designate an official other
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submit a detailed report showing the amounts of the installments,
interest, penalties and percentages so collected, for the preceding
term and installment date, and from what property collected, and
further identify any properties which are delinquent and the amount
and length of time for said delinquency, and further set forth a
statement of percentages retained for the expenses of making such
collections. This request is specifically made pursuant to the
authorization of Section 8683 of the Streets and Highways Code of
the State of California.
ASSESSMENT DISTRICT FUNDS
SECTION 15. That the Treasurer is hereby authorized at this
time, if not previously done, to establish the following funds as
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necessary for the payment of costs and expenses and administration
of the proceedings for this Assessment District:
A. IMPROVEMENT FUND: All monies received from cash
collection, proceeds from the sale of bonds and applicable
contributions shall be placed into the Improvement Fund.
B. RESERVE FUND: All monies as designated to
assist in the payment of delinquencies shall be placed into the
Reserve Fund.
C. REDEMPTION FUND: All monies received from the
payment of assessments shall be placed in the Redemption Fund.
For particulars as to the administration and
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handling of the Funds, the specific terms and conditions shall be
PASSED, APPROVED AND ADOPTED at a regular meeting of the City 27
adoption of a Resolution Authorizing the Issuance of Bonds. 26
set forth in a Bond Indenture to be approved by the subsequent
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*% e W
1 Council of the City of Carlsbad, held on the 3rd day of
2 June , 1997, by the following vote:
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NOES : None 5
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
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ABSENT : None
ABSTAIN: kne 1
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10 ATTEST: ll 11 '
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ALETHA L. RAUTENKRANZ, City Cler