HomeMy WebLinkAbout1987-11-17; City Council; 9220; Secregation of AssessmentsCI"" OF CARLSBAD - AGENP BILL
11.17687 SEGREGATION OF ASSESSMENTS
1 E PT.--EjC.
RECOMMENDED ACTION:
Adopt Resolution No. ?"yy establishing a fee for application to divide land under a 1915 Act assessment district.
ITEM EXPLANATION:
The College Boulevard Assessment District was confirmed on March 25,
1986 and assessments were placed on benefiting properties. At that time final maps had not been recorded on all the land so the assessments were placed on large parcels. Now developers are ready to record final maps dividing these large parcels into a number of smaller ones. It is necessary to divide the assessments as well. The segregation of assessments must be done based on proportional benefit derived by each new parcel using the formula originally used in forming the district.
A procedure and fee have been developed to handle this. The property owner requiring the segregation will file an application and pay a fee based on the number of new lots created. The original engineer of work (NBS/Lowry for College Boulevard) will then do all work necessary to determine the new assessments. The new assessments will than be recorded so that each new assessment can be properly billed.
A1 though College Boulevard is currently the only assessment district confirmed using 1915 Act bonds, this procedure will apply to all future 1915 Act districts. A separate agreement will be prepared between NBS/Lowry and the City to perform the services.
Exhibit 1 describes the procedure in detail and Exhibit 2 shows a flowchart of the work the consultant will perform.
FISCAL IMPACT
The fee charged the property owner will cover all costs of the segregation including staff time. The fee is based on a sliding scale per new lot and ranges from $400 per lot for two lots to $40 per lot over 50 lots. The fee schedule is contained in the resolution, Exhibit 3. The consultant charges will be approximately 87% of the fee with the balance going into the City general fund.
Segregating assessments will also ensure that each property owner of a newly created parcel gets a bill for the appropriate assessment amount.
PAGE 2 OF AGENDA BILL NO. 922a
EXHIBITS
1. Procedures for Segregating Assessments.
2.
3. Resolution No. ?2?L/ establishing a fee for application to
Flowchart of tasks performed by consultant.
divide land under a 1915 Act assessment district.
d
PROCEDURES FOR SEGREGATING ASSESSMENTS CITY OF CARLSBAD IMPROVEMENT BOND ACT OF 1915
ALTERNATIVE PROCEDURE (STREETS & HIGHWAYS
CODE SECTIONS 8740 TO 8740.5 INCLUSIVE)
Unlike the standard procedure used by public agencies to accomplish the division of land and assessment, an alternate
procedure is recommended pursuant to Part 10.5 of Division 10 of the Streets and Highways Code of the State of California. Under this alternate procedure, no hearing or publication is required. The only requirement is to send a Notice to the original purchaser of the bonds. Also, it is much easier to acquire the fees or charge for the apportionment.
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If a parcel of land upon which there is an assessment
has been subdivided, the owner shall file an application-
for division with the Street Superintendent. A sample application form has been included as an Exhibit.
The application indicates how the original parcel has been divided and requests the Street Superintendent to apportion the remaining unpaid amount in accordance with the division.
The application is accompanied by a fee, in the amount
to be fixed by the legislative body for each separate
parcel of land resulting from the division of the original parcel. A sample Resolution is included as an Exhibit for the establishment of the rate or fee for such land and assessment apportioned.
The Street Superintendent deposits the fees in the general fund.
The Street Superintendent then proceeds to apportion the
unpaid portion of the assessment upon each newly created
parcel of land.
When the apportionment has been made, the application,
which has been signed by all persons owning interests in the original lot or parcel of land requesting the apportionment, is filed with the Street Superintendent. The application form provides for the signatures of all interested parties.
The Street Superintendent then sends a Notice to the
original purchaser of the outstanding bonds, by certi-
fied or registered mail, of the apportionment and the
assessment amounts, and states that unless a request for
Pase 1 of 2
EXHIBIT 1 3
hearing is received within fourteen (14) days, the apportioned assessments will be recorded. A sample form of the Notice is included as an Exhibit.
8. In the event a request for hearing is received, the report is filed and a hearing is set as provided for in
the statement procedure for subdivision (Part 10 of the
“Impovement Bond Act of 1915”).
9. The amended assessment is also filed with the Auditor in the form of an amended assessment roll, who thereafter apportions the amended amounts on each lot or parcel of land.
10. The Street Superintendent shall transmit a copy of the amended assessment roll to the County Auditor.
11. The amended assessment roll is accompanied by an amended map so designated “Amended Assessment Diagram”. (See Section 8734). Said Amended Assessment Diagram is also filed by the Street Superintendent in the Office of the County Recorder. A fee is applicable for this filing;
said fee being paid from the general fund and recovered
by the segregation fee.
Page 2 of 2
SEGREGATING ASSESSMENTS
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
CITY OF CARLSBAD
’ CHECK APPLICATION
correct information. parcel
numbers, assessment balance,
copies of recorded maps.
CAN BE COMBINED WITH OTHER
SEGREGATED ASSESSMENTS I AMEND DIAGRAM I I 1
REVIEW WITH
h UPDATE
prepare assessment unit
calc sheets, update data base.
prepare asmt unit edit
DETERMINE
ASSESSMENT UNITS
total unpaid assessments X original %/asmt unit
$/ASSESSMENT UNIT total assessment I ---I--- - I
I I v
COMPLETE APPLICATION
a SECURE
SUPERINTENDENT OF
MAIL NOTICE TO
RECORD a FILE
DOCUMENTS
t
STORE UPDATE u
REQUESTED BY
EXHIBIT 2
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RESOLUTION NO. 9294
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ESTABLISHING A FEE FOR PROCESSING LAND AND ASSESSMENT DIVISION APPLICATION PURSUANT TO THE PROVISIONS OF THE "IMPROVEMENT BOND ACT OR 1915", BEING DIVISION 10 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
WHEREAS, The City Council of the City of Carlsbad, California, has
recently completed proceedings for the construction of the certain pub1 ic
improvements in what is known and designated as
ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD)
and will complete proceedings on other similar districts in the future
(hereinafter referred as "Assessment Districts"), pursuant to the provisions of
the "Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, with bonds to issue under the terms
and provisions of the "Improvement Bond Act of 1915", being Division 10 of said
Code; and,
WHEREAS, assessments have been levied and bonds issued on certain parcels
of property and it is determined that certain of the original parcels will be
divided, and requests and applications will be made for the division of
assessments on the divided lots or parcels, all according to provisions in said
"Improvement Bond Act of 1915"; and,
WHEREAS, this legislative body is desirous of establishing a reasonab' i
fee for processing applications for division of land and assessment in order to
be reimbursed for the necessary cost so incurred as set forth in said
"Improvement bond Act of 1915".
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the following fee schedule is hereby determined to be
reasonable and is an amount which will cover reimbursement for the necessary
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costs in processing applications for divisions of land and assessment pursuant
to the "Improvement Bond Act of 1915", being Division 10 of the Street and
Highways Code of the State of California:
A. All applications for division of land and assessment sha71 be accompanied by a fee to determined as follows:
No. of New Parcels - Fee
2 to 3 inclusive 4 to 6 inclusive 7 to 20 inclusive 21 to 50 inclusive 51 and more
$800 Lump Sum $800 plus $150 per parcel over 3 $1,250 plus $70 per parcel over 6 $2,230 plus $55 per parcel over 20 $3,880 plus $40 per parcel over 50
B. If no application is filed, at the time the Superintendent of Streets files the amended assessment pursuant to order of this legislative body, the fee is determined from tb- above schedule, with each new parcel paying proportionate share in accordance with each new parcel share of the principal remaining on the original assessment. Prior to making the division, the Superintendent of Streets shall notify the property owner as to the costs for the apportionment. In the event the costs are not paid with fifteen (15) days of notification, Superintendent of Streets shall, in preparing the amended assessment, show separately thereon the amount of said fee charged to each individual parcel. The amount so charged shall then be entered, if not paid, upon assessment roll and collected along with the first installment of the amended assessment.
SECTION 3. That all fees so collected, either by application or as an
installment on the assessment, are to be deposited in the General Fund of the
Treasury of this Agency.
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PASSED, APPROVED fiND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 17th day of November ,1987 by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES : None
ABSENT: None
ATTEST :
ALETHA L. RAUTENKRANZ. Citv Clerk " \ (SEAL)
CLAUDE A. LEWIS, Mayor