HomeMy WebLinkAbout1990-07-10; City Council; Resolution 90-2220 e
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RESOLUTION NO. 90-222
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CONFIRMING THE ASSESS-
MENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER
WITH APPURTENANCES, AND APPROVING THE ENGINEER'S
" RE PORT "
WHEREAS, the CITY COUNCIL of the CITY OF CARLSI
CALIFORNIA, has previously adopted its Resolution of Inten
and initiated proceedings for the construction of certain pu
works of improvement, together with appurtenances and appurte
work, including acquisition where appropriate, in a spe
assessment district pursuant to the terms and provisions of
"Municipal Improvement Act of 1913", being Division 12 of
Streets and Highways Code of the State of California, i
special assessment district known and designated as ASSESS:
DISTRICT NO. 88-1 (ALGA ROAD) (hereinafter referred to as
"Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention
"Report", as therein provided, was presented, considered
approved; and ,
WHEREAS, said "Report", as preliminarily approved, conta:
all the matters and items called for by law and as pursuant
the provisions of said "Municipal Improvement Act of 191
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 benefits;
5. A description of the works of improvement; and,
WHEREAS, all protests have been heard and considered, an
full hearing has been given, all in the manner provided by 1
and,
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2 WHEREAS , notices of said hearing were duly and regula1
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posted, mailed and published in the time, form and man
required by law and as evidenced by affidavits on file with
5 transcript of these proceedings; and,
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WHEREAS, the owners of one-half (1/2) of the area asses
for the cost of the project did not file written protests agai
the said proposed improvements and acquisition where appropri:
and this legislative body did, after providing a full hear:
lo // consider all protests and objections; and,
I.1 ll WHEREAS, this legislative body is now satisfied with
22 il assessment and all matters contained in the "Report" as
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updated and submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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RECITALS
SECTION 1. That the above recitals are all true
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correct.
PROTESTS
SECTION 2. That all protests and objections of every
and nature be, and the same hereby are, overruled and denied,
it is further determined that said protests and objections
made by the owners of less than one-half of the area of pro
to be assessed for said improvements within said Asses
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BENEFITS RECEIVED
SECTION 3. That it is hereby determined that all pr
ties within the boundaries of the Assessment District rece
28 local and direct benefit from the works of improveme
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2 proposed for said Assessment District, and it is hereby fur
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determined and declared that all assessable costs and expe
have been apportioned and spread over the properties within
boundaries of the Assessment District in direct proportion tc
benefits received thereby.
PUBLIC INTEREST AND CONVENIENCE
SECTION 4. That the public interest and convenience rec
the proposed improvements to be made, and therefore it is he
ordered that the work to be done and improvements to be t:
together with appurtenances and appurtenant work in connec
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therewith, including acquisition where appropriate, in
Assessment District, as set forth in the Resolution of Intel
14 ll previously adopted and as set forth in the "Report" presentec
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considered, and as now submitted.
CONFIRMATION OF ASSESSMENT
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SECTION 5. That the "Report", as now updated and submil
consisting of the assessment and diagram €or the improvemc
together with appurtenances and appurtenant work in connec
therewith, including acquisition where appropriate, is hc
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confirmed.
The assessments contained in the f
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Engineer's "Report" are hereby levied and approved as follows
A. The final assessments to represent
costs and expenses to finance the public works of improvemen.
26 authorized for these proceedings. ll
27 B. The annual assessment to pay for admini
28 tive costs in an amount not to exceed the maximum annual as
ment as set forth in said "Report".
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2 II RECORDATION OF ASSESSMENT
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4 the Superintendent of Streets the said assessment, together
5 the diagram attached thereto and made a part thereof,
6 confirmed, with his certificate of such confirmation attached
the date thereof; and that said Superintendent of Streets s
then immediately record said diagram and assessment in his Of
SECTION 6. That the City Clerk shall forthwith delive~
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in a suitable book to be kept €or that purpose and attach thc
his certificate of the date of such recording.
COUNTY RECORDER NOTICE
I2 iI SECTION 7. Upon confirmation of the assessments and recc
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tion of the assessment roll and diagram, a certified copy of
assessment diagram shall be immediately filed in the Offic
15 11 the County Recorder. Immediately thereafter, a copy of
16 II notice of assessment shall be recorded in the Office of
17 /I County Recorder in the manner and form as set forth by law
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specifically Section 3114 of the Streets and Highways Code ol
State of California.
MAILED NOTICE
21 I/ SECTION 8. That said City Clerk, upon the recording of
22 // diagram and assessment, shall mail to each owner of real pro]
23 II within the Assessment District at his last known address, a:
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same appears on the tax rolls of the County or on file ir
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not the same, or to General Delivery when no address so appc 26
Office of the City Clerk, or to both addresses if said addre:
a statement containing a designation by street number or (
28 description of the property assessed sufficient to enable
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2 owner to identify the same, the amount of the assessment,
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time and place of payment thereof, the effect of failure to
within such time, and a statement of the fact that bonds wil
issued on unpaid assessments pursuant to the "Improvement
6 Act of 1915".
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8 SECTION 9. That said City Clerk shall also give notic
9 publishing a copy of a notice of recording of assessment in
newspaper previously selected to publish all notices as proc
law, giving notice that said assessment has been recorde
PUBLICATION
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11 by
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the Office of the Superintendent of Streets, and that all
assessed thereon are due and payable immediately, and that
payment of said sums is to be made within thirty (30) days i
the date of recording the assessment, which date shall b
stated in said notice, and of the fact that securities wil
l7 I1 issued upon unpaid assessments.
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ASSESSMENT COLLECTION
SECTION 10. The County Auditor is hereby authorized
directed, in accordance with the provisions of Section 868
the Streets and Highways Code of the State of California
enter into his assessment roll on which property taxes will
become due, opposite each lot or parcel of land affected,
space marked "public improvement assessment" or by other suit
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merit roll and that said entry then shall be made each year dc
coming due during the ensuing fiscal year covered by the ass 26
designation, the next and several installments of such assess
the life of the bonds for the proceedings for the refere
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2 Assessment District. This authorization is continual until
3 assessment obligations have been discharged and the b
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6 the best interests for bondholders of the Asaessment Distr
7 this legislative body may, by Resolution, designate an offi
8 other than the County Tax Collector and/or other agent to col
9 and maintain records of the collection of the assessments, inc
ing a procedure other than the normal property tax collec
procedure.
terminated.
As an alternate, and when determined to bl
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SECTION 11. In accordance with the provisions of Sec
8685 of the Streets and Highways Code, if any lot or parce
land affected by any assessment is not separately assessed 01
15 II tax roll so that the installment of the assessment t
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collected can be conveniently entered thereon, then the Auc
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shall enter on the roll a description of the lot or pi
affected, with the name of the owners, if known, but othel
19 /I the owners may be described as "unknown owners", and extend
20 II proper installment opposite the same.
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ASSESSMENT VERIFICATION STATEMENT
SECTION 12. The County Auditor shall, within 90 days i
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any special assessment installment becomes delinquent, rende:
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submit a detailed report showing the amounts of the installm,
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interest, penalties and percentages so collected, for the pr
in9 term and installment date, and from what property colle,
and further identify any properties which are delinquent an(
amount and length of time for said delinquency, and furthel
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forth a statement of percentages retained for the expense;
making such collections. This request is specifically mads
the authorization of Section 8683 of the Streets and High
Code of the State of California.
ASSESSMENT DISTRICT FUNDS
SECTION 13. That the Treasurer is hereby authorized at
time, if not previously done, to establish the following fund
necessary for the payment of costs and expenses and adminis
tion of the proceedings for this Assessment District:
A. IMPROVEMENT FUND: All monies received
cash collection, proceeds from the sale of bonds and applic
contributions shall be placed into the Improvement Fund.
B. RESERVE FUND: All monies as designate
assist in the payment of delinquencies shall be placed into
Reserve Fund.
C. REDEMPTION FUND: All monies received
the payment of assessments shall be placed in the RedemF
Fund.
For particulars as to the administration
handling of the Funds, the specific terms and conditions shal
set forth in the Bond Indenture and approved through the Res
tion Authorizing the Issuance of Bonds.
PASSED, APPROVED AND ADOPTED by the City Council of the
of Carlsbad at its regular meeting held on the 10th da
July , 1990, by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City C erk
9 (SEAL]
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